HomeMy WebLinkAboutResolution - 2007-R0060 - Contract - GKC Inc. - Turf Maintenance - 02_06_2007 (2)Resolution No. 2007—Ro060
February 6, 2007
Item No. 6.7
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 GKC, Inc., of Lubbock, Texas, for turf maintenance for rights -of -way and park
properties, ITB 07-003-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.
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DAVID A. WLER, MAYOR
ATTEST:
i
ecca Garza, City Secretary
APPROVE AS.O C ENT:
Rana Truesdel
Community Services Director
APPROVED AS TO FORM:
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Don Vandiver, Attorney of Counsel
DDres/GKC-TurtNtalnt07ConRes
January 30, 2007
TURF MAINTENANMQRQUPS `CHECK
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By
CTlY 01 UCfI3B0CK
ICLFICATIONS -YOR
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'CITY OF LUBBO
Lnbbock, Te.xa,s,
INDEX 3
BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS
*REVISED*
DATE: I ' / 7 — D 7
rrB # 07-003-MA, Addendum #2
PROJECT NUM
BER. #97-003-MA " City Turf Maintenance for Right Ways and Parkland Properties"
Bid of = C :, • (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the Contract Turf Maintenance having carefully examined the
plans, Specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of
the intended Work, and being familiar with all of the conditions surrounding the turf maintenance mowing
Specifications including the availability of materials and labor, hereby intends to furnish all labor, materials, and
supplies in accordance with the plans, Specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the Work required under the contract
act
documents.
GROUP I TOTAL COST ($ i
(Amount shall be shown In both words and numerals. In can of discrepancy, the amount shown In words shall
govern.)
GROUP 2 TOTAL COST ($ )
(Amount shall be shown in both words and numerals. In can of discrepaM, the amount shows in words Shan
govers4livo � � tk 4sM..,IQ
GROUP 3 TOTAL COST Tt u� (a /� 700 )
(Amount Shall be shown is both words and numerals. in case of discrepancy, the amount shown in words shall
govern.)
GROUP 4 TOTAL COST ($ )
(Amount shall be shown in both words and numerals. In can of discrepancy, the amount shown In words shall
govere.) one iu*A a��z -4f';0C A" 44 ` 0-d' `1 r?
GROUP 5 TOTAL COST ($ A3 SO
(Amount shall be shown Is both words and numerals. In case of discrepancy, the amount shown in words shall
govern.)
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Bidder hereby agrees to commence the Work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to complete the mowing Cycles as per the turf maintenance Specifications
and other contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 29 of the General Instructions to Bidders.
•,; bidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
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1TBII0f4o03-MAAd2 2
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: 07-003-MA
ADDRESS: LUBBOCK, TEXAS
CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT
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NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
STATUTORY BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
SPECIFICATIONS
TURF MAINTENANCE GROUPS
PROPOSED EQUIPMENT FOR CONTRACT TURF MAINTENANCE
PAYMENT REQUEST FOR TURF MAINTENANCE
WRITTEN HAZARDOUS COMMUNICATION PROGRAM
INDEX 1
NOTICE TO BIDDERS
ITB #07-003-MA
Sealed bids addressed to Victor Kilman, Director of Purchasing & Contract Management, City of Lubbock,
�} Texas, will be received in the office of the Director of Purchasing & Contract Management, Municipal Building, 1625
13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on January 18, 2007.
"City Turf Maintenance for Right Ways and Parkland Properties"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Director of Purchasing & Contract Management and publicly read aloud. It is the sole responsibility of the bidder to
ensure that his bid is actually in the office of the Director of Purchasing & Contract Management for the City of Lubbock,
before the expiration of the date above first written.
' Bids are due at at 3:00 o'clock p.m. on January 18, 2007, and the City of Lubbock City Council will consider
the bids on January 25.2007 -at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may
be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. 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 bidderwillbe -
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 Best Rating of B or superior.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable Surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days
after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH
THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN
DISQUALIFICATION OF THE BID SUBMITTAL.
It shall be each bidders sole responsibility to inspect the site of the Work and to inform himself regarding all local
conditions under which the Work is to be done. It shall be understood and agreed 'that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid
conference on January 4, 2007 at 10:00 a.m. in Training Room L01 at the Muncipal Building, 1625 1316 Street,
Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in the contract documents on file in the office of the Director of Purchasing & Contract Management of the City
of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed
to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage
scale and payment by the Contractor of the prevailing rates of wages as heretofore established by owner in said wage
scale.
l_ The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
f this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
j consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings
and bid openings are available to all persons regardless of disability. If you would like bid information made available in
a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-
2018 at least 48 hours in advance of the meeting.
INDEX I
NOTICE TO BIDDERS
CITY OF LUBBOCK
VICTOR KILMAN, DIRECTOR
PURCHASING & CONTRACT MANAGEMENT
INDEX 2
GENERAL INSTRUCTIONS TO BIDDERS
1 BID DELIVERY. TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Contract Turf
Maintenance per the attached Specifications and contract documents. Sealed bids will be received no
later than 3:00 p.m. CST, January 18, 2007 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:
"ITB #07-003-MA City Turf Maintenance for Right Ways and 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:
Victor Kilman, Director of Purchasing & Contract Management
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain that bids are delivered to the Purchasing & Contract
Management 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- hdshe use some sort of delivery
service that provides a receipt.
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.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
2 PRE -BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid
meetine will be held at 10:00 a.m.. January 4 2007 In Training Room L01, Municlual Building.
1625 13 Street. Lubbock. Texas. All persons attending the meeting will be asked to identify
themselves and the prospective bidder they represent.
2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The
City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do
not attend the pre -bid meeting.
ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at http://www.RFPdepot.com. 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 public libraries.
3.2 Any bidder in doubt as to the true meaning of any part of the Specifications or other documents may
request an interpretation thereof from the Purchasing & Contract Management Department. At the
request of the bidder, or in the event the Purchasing & Contract Management Department deems the
interpretation to be substantive, the interpretation will be made by written addendum issued by the
Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract
Management Department will be available over the Internet at httpJhvww.RFPdepot.com and will
become part of the proposal package having the same binding effect as provisions of the original ITB. 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 Purchasing & Contract Management Department no later than five (5) days before the bid
closing date.
INDEX 2
GENERAL INSTRUCTIONS TO BIDDERS
3.3 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 of Lubbock Purchasing & Contract Management Department 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 ITB 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.
3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these Specifications.
4.2 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. -- --
4.3 Notices of any discrepancies or omissions in these plans, Specifications, or contract documents,
shall be given to the Director of Purchasing & Contract Management and a clarification obtained
before the bids are received, and if no such notice is received by the Director of Purchasing &
Contract Management prior to the opening of bids, then it shall be deemed that the bidder fully
understands the Work to be included and has provided sufficient sums in its bid to complete the
Work in accordance with these plans and Specifications. If bidder does not notify Director of
Purchasing & Contract Management before bidding of any discrepancies or omissions, then it shall
be deemed for all purposes that the plans and Specifications are sufficient and adequate for
completion of the project. It is further agreed that any request for clarification must be submitted
no later than five (5) calendar days prior to the opening of bids.
BID PREPARATION COSTS
5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
6 TRADE SECRETS, CONFIDENTIAL_ INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 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 jurisdiction 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.
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INDEX 2
GENERAL INSTRUCTIONS TO BIDDERS
6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
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LICENSES, PERMITS. TAXES
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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.
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UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local
Cam:
resources, and to outline in their bid submittal how they would utilize local resources.
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CONFLICT OF INTEREST
9.1 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.
9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any 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.
10 CONTRACT DOCUMENTS
10.1 All Work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for this project and shall be responsible for the satisfactory completion of all Work contemplated by said
contract documents.
11 PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be
the bidder's responsibility to advise the Director of Purchasing & Contract Management if any language.
reauirements, etc., or anv 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
City of Lubbock Purchasing & Contract Management Office no later than five (5) calendar days before
the bid closing date. A review of such notifications will be made.
12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO
BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR
DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 13" Street
Lubbock, Texas 79401
Fax: (806)775-2164
Email: malvarez@mylubbock.us
RFPDepot: http:;/'www.RFPdepot.com
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b GENERAL INSTRUCTIONS TO BIDDERS
a_ 13 TIME AND ORDER FOR COMPLETION
13.1 The Contractor will be permitted to prosecute the Work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the Work
contemplated by the contract documents. In the event the City requires a progress schedule to be
submitted, and it is determined by the City that the progress of the Work is not in accordance with the
progress schedule so submitted, the City may direct the Contractor to take such action as the City deems
necessary to ensure completion of the project within the time specified.
14 PAYMENT
y' All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
i 15 AFFIDAVITS OF BILLS PAID
' The Cityof Lubbock reserves the right prior to final acceptance of this project to require the Contractor to
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execute an affidavit that all bills for labor, materials and incidentals incurred in the project contemplated by the
contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
_ notified.
-g t 16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the Specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials and workmanship of high quality and for protecting
them adequately until incorporated into the project. The presence or absence of a representative of the City on the
site will not relieve the Contractor of full responsibility of complying with this provision. The Specifications for
materials and methods set forth in the contract documents provide minimum standards of quality, which the
Owner believes necessary to procure a satisfactory project.
17 GUARANTEES
The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and
are not specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or
limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its
annexes or any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
The Contractor will be furnished one set of Specifications, and related contract documents for his use during the
contract period. Specifications for use during the contract period will only be furnished directly to the Contractor.
The Contractor shall then distribute copies of plans and Specifications to subcontractors or others, as required for
proper prosecution of the Work contemplated by the Contractor.
19 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and any and all parts of the Work whether
the Contractor has been paid, partially paid, or not paid for such Work, until the date the City issues its certificate
of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all Work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
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INDEX 2
GENERAL INSTRUCTIONS TO BIDDERS
TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the Work without paying the tax at the time of purchase.
PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the Work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the project contemplated by
these contract documents. The City of Lubbock agrees that it will furnish Contractor information indicating the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the Work contemplated by this contract shall be repaired
immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's sole expense.
BARRICADES AND -SAFETY MEASURES-----____
The Contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the Work as may be
necessary. The Contractor will be held responsible for all damage to the Work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and
lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project.
CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available for communication at
all times while the Work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative(s) may be reached during the time that the
Work contemplated by this contract is in progress.
INSURANCE
24.1 The Contractor shall not commence Work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the
right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life
of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein
also shall be acceptable. Such insurance shall be carried with an insurance company authorized to
transact business in the State of Texas and shall cover all operations in connection with this contract,
whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
24.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL
INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF
LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT
NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL
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INDEX 2
GENERAL INSTRUCTIONS TO BIDDERS
BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF
OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR.
LABOR AND WORKING HOURS
25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate that must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations
thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance with any wage law that may be applicable.
Work under this contract requiring an inspector will not be performed on weekends or holidays unless the
following conditions exist:
25.1.1 The project is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
25.1.2 Delays are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to
complete the contract within the allotted time.
25.2 When contract Work requiring an inspector after regular business hours, on weekends or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday prior to mowing. The Contractor must obtain written permission from the Owner's
Representative to do such Work. The final decision on whether to allow Work requiring an inspector on
weekends or holidays will be made by the Owner's Representative.
25.3 In any event, if a condition should occur or arise at the site of this project or from the Work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence Work, regardless of the day of the week or the time of day, to correct or alleviate such
condition so that it is no longer dangerous to property or life.
PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
PREPARATION FOR BID
27.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to
do the Work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly
and legibly, or typewritten. In case of discrepancy between the price written in words and the price
written in figures, the price written in words shall govern.
27.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized Agent. If
a bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized.
If the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized Agent. Powers of attorney authorizing
Agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.
The bid shall be executed in ink.
27.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
27.3.1 Bidder's name
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INDEX 2
GENERAL INSTRUCTIONS TO BIDDERS
27.31 Bid for (description of the project).
27.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids,
but no bid may be withdrawn or altered thereafter.
27.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL
FORM PRIOR TO BID OPENING.
BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond
(d) Certificate Of Insurance
(e) Contract Agreement
(f) General Conditions
(g) Specifications
(h) Turf Maintenance Groups
(i) Proposed Equipment For Contract Turf Maintenance
0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
(k) Payment Request For Turf Maintenance
(1) Written Hazardous Communication Program
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, equipment 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 about the bidder's qualifications. The City of Lubbock may make reasonable
investigations deemed necessary and proper to determine the ability of the bidder to perform the Work, and the
bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's
bid may be deemed not to meet Specifications or the bid may be rejected if the evidence submitted by, or
investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the
M obligations of the contract and to complete the Work described therein. Evaluation of the bidder's qualifications
shall include:
(a) The ability, capacity, skill, equipment and financial resources to perform the Work or provide the service
required.
(b) The ability of the bidder 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.
(d) The quality of performance of previous contracts or services.
6 (e) The safety record of the Contractor and proposed Sub -Contractors.
Before contract award, the recommended Contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his Work efforts and equipment needs with
7
INDEX 2
GENERAL INSTRUCTIONS TO BIDDERS
' City of Lubbock Specifications in mind. Demonstration of experience shall include a complete list of ALL similar
municipal and similar non -municipal current and completed projects for the past three (3) years for review. This
list shall include the names of supervisors and type of equipment used to perform Work on these projects. In
addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform
Work on this project in compliance with City of Lubbock Specifications herein.
30 BID AWARD
30.1 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 shall award the bid based on the total bid.
30.2 All bids are evaluated for compliance with Specifications before the bid price is considered. Response to
-' Specifications is primary in determining the best low bid. Failure to comply with the Specifications may
result in disqualification of the bid.
30.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be
cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
30.4 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.
30.5 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
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
30.6 NO INDIVIDUAL 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.
INDEX 3
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
*REVISED*
DATE: L / 7 - O
I T P # 07-003-M , Addendum #i
PROJECT NUMBER: #074003-MA " City Turf Maintenance for Right Ways and Parkland Properties"
Bid of _ ' - K C r& . (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the Contract Turf Maintenance having carefully examined the
plans, Specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of
the intended Work, and being familiar with all of the conditions surrounding the turf maintenance mowing
Specifications including the availability of materials and labor, hereby intends to furnish all labor, materials, and
supplies in accordance with the plans, Specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the Work required under the contract
documents.
GROUP 1 TOTAL COST ($ )
(Amount shall be shown In both words and numeral. In can of discrepancy, the amount shown in words shall
govern.)
GROUP 2 TOTAL COST ($ )
(Amount shall be shown in both words a�Jndd� numeral. In ease of discrepancy, the amount shown In words shall
govern.) q
GROUP 3 TOTAL COST ($ d5 /f 700 )
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall
govern.)
GROUP 4 TOTAL COST ($
(Amount shall be shown in both words and numeral. In case of discrepancy, the amount shown In words shall
govern.) alte i
t�(. a*eQL �'�" y / I
GROUP 5 TOTAL COST l ($ 3 SD
(Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall
govern.)
(`R0t'? 5 .%tA TO,r;kr. COST ($ 1
(Al at vb3J3 ,&kwo an both veord4 iod n® r*& In ewe oA rise -&_ _ rAw amount shown in words �h;iji
Bidder hereby agrees to commence the Work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to complete the mowing Cycles as per the turf maintenance Specifications
and other contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 29 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
ITM7-003-MAAd2 2
INDEX 3
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable Surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid
submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all
necessary bonds (if required) within ten (10) days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars or a Bid Bond in the sum of Dollars
($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event
the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance
certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of
written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned
upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
Pursuant to Texas Local Government Code 252.043(a), a
competitive seated bid that has been opened may not be
changed for the purpose of correcting an error in the bid price.
THEREFORE, ANY CORRECTIONS TO THE BID PRICE
MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
Date:
Authorized Signature
(Seal if Bidder is a Corporation) (Printed or Typed Name)
ATTEST:
Company
Secretary Address
Bidder acknowledges receipt of the following addenda: City, County
Addenda No. Date State Zip Code
Addenda No. Date Telephone: -
Addenda No. Date Fax:
Addenda No. Date
M/WBE Firm: Woman Black Amerim Native American
Hispanic American I I Asian Pacific American Other (Specify)
00 /Yo �- i t
174; 3 aw aa,�-
ITB # 07-003-MA, Addendum *2
INDEX 3
BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS
"REVISED"
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the Work and has carefully examined
the plans, Specifications and contract documents pertaining to the Work covered by this bid, and he further agrees to
commence Work on or before the date specified in written Notice to Proceed, and to substantially complete the Work
on which he has bid: as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock., or a bid bond from a reliable Surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of
the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute
all necessary bonds (if required) within ten (10) days after notice of award of the contract to him.
\
Enclosed with this bid Check or Certified Check for - lug iA.w
Dollars ( ,0 or a Bid Bond in the sum of —7� Dollars
($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the
event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents,
insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date
of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the
undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
,Pursuant to Texas Local Government Code 252.043(a), a
competitive sealed bid that has been opened may not be
changed for the purpose of correcting an error in the bid
price. THEREFORE, ANY CORRECTIONS TO THE BID
PRICE MUST BE MADE ON THE BID SUBMITTAL FORM
PRIOR TO BID OPENING.
(Seal if Bidder is a Corporation)
ATIE�.
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No. �_ Date �-
Addenda No. Date!- q
Addenda No. Date
Addenda No. Date
Date: l 7 ` z
y�
Authorize)d Signature
lr
(Printed dr TypedName)
(7 !'vL' 5t,
Company k X 6 5-1'r
Address l ®� / � A'k��
Crt}r, Tx �S Coun
State p Cod
Telephone: J6'd - D
Fax:
M/WBE Firm: Woman Black American Native American
Hi is American Asian Pacific American Other (Specify)
ITB#07-003-MAAd2
3
INDEX 3
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
2.
3.
❑ ❑
4.
❑ El
5.
6.
7.
8.
❑ ❑
9.
❑ 0
10.
❑ ❑
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH
INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO
SECTION 29G OF THE GENERAL CONDITIONS.
7
INDEX 3
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
p I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by
me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able
to, within ten (10) business 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.
Gee ll
Contractor (S gnaturc) _ Con tor_(Print)_ R .---
... _ ....... _...... _........ .
CONTRACTOR'S FIRM NAME: 6 ff C 'rryG
(Print or Type)
CONTRACTOR'S FIRM ADDRESS: /VD /3 0 K
k wbbya T HL&I �
Name of Agent/Broker:
Address of
City/State/Zip:
Agent/Broker Telephone Number: (13 B6 ) / 7 7 J 996
Date:
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the
contract to another Contractor. If you have any questions concerning these requirements, please contact the
Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2165.
a
INDEX 3
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
SAFETY RECORD QUESTIONNAIRE
(Must Be Submitted With Bid Submittal)
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section
252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for
accurately determining the safety record of a bidder prior to awarding bids on City contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be:
The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may
consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be It related or caused by
environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among
other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the bidder for violations of OSHA regulations within the past three (3) years.
5 ...... __. _..
b. "Citations (as defined below) fron'19u► Environmental Protection Agency (as defined below) for violations within
the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S.
Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental
' Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services
(DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies
of local governments responsible for enforcing environmental protection or worker safety related laws or
regulations, and similar regulatory agencies of other states of the United States. Citations include notices of
violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines
assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final
orders, and judicial final judgments.
C. Convictions of a criminal offense within the past ten (I0) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment,
both for the workers and other employees of bidder and the citizens of the City of Lubbock.
In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential
contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3)
questions and submit them with their bids:
QUESTION ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?
YES NO_�,
If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid
submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty
assessed.
INDEX 3
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
QUESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of environmental protection laws or
regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement,
suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints,
indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments.
s
YES NO__x_
If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid
submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and
° penalty assessed.
- QUESTION THREE
AHas the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm,
corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which
resulted in serious bodily injury or death?
= YES NO,
If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid
submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be
investigated, with my full permission, and that any misrepresentat' ns or omissions may cause my bid to be rejected.
Signature
A44�
Title
INDEX 3
BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
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.
COMPANY N
Signature of Ci
Date Signed: /- / % ` V 7 / /
U Printed name of company official signing above: t / / A'It4elf
7
INDEX 4
STATUTORY BOND
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000) Bond #4350978
KNOW ALL MEN BY THESE PRESENTS, that G oKC, Inc (herei 79fteer6ccalled the Principal(s),
as X
u oc , �T
Principal(s), and SURETEC INSURANCE COMPANY
952 Echo Lane, Suite 450, Houston, TX 77024
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of On-HundredNinetyNineThousand, * Dollars ($199,350.09) 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.
i WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 6th day of
--February — - 2U 07-to -City Turf -Maihtenance for Right gays and Parkland
w ITB #07-003 MA Contract #7516 Properties
*Three Hundred Fifty. & no/100
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 pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, 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
21st day of February 20 07 .
SURETEC INSURANCE COMPANY
Surety
,, 7j
itle) GregoryP Faulx
1
G K C, Inc
(Company Name)
By:
Md e)
- ----
Signa
(Title)
No Text
e B ¢
5
INDEX 4
STATUTORY BOND
YThe undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Bill Murf ee * 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.
Bill Murfee Suretec Insurance Company
JE Murfee & Son Surety
1310 Texas Ave
Lubbock, TX 79401
tle) Gregory P. Faulx
Attorney In Fact
Approved as to form:
City of Lubbock
By:
City Attorney
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
attorney for our files.
s
vk
f
v i
2
� e
a4
No Text
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint:
You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099
You may also write to the Surety at:
SureTec Insurance Company
5000 Plaza on the Lake, Suite 290
Austin, TX 78746
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439.
You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
Important Notice Regarding
Terrorism Risk Insurance Act of 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for
surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance
Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance
Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties").
The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is
Zero Dollars ($0.00).
The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from
terrorist acts certified under the Act exceeding the applicable surety deductible.
The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the
terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any
endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism
Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part
or condition of the attached document.
Exclusion of Liability for
Mold, Mycotoxins, and Fungi
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be
liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their
related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or
appearance.
suretec complaint notice rev. 1103
No Text
r
INDEX 4
STATUTORY BOND
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE Bond #4350978
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that GKC,Inc. (hereinafter called the Principal(s), as Principal(s), and
P 0 Box 64515, Lubbock, Tx 79464
SURETEC INSURANCE COMPANY, 952 Echo Lane, Suite 450, Houston, TX 77024
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
.Obligee), in the amount of OneHundredNinetyNineThousand* Dollars ($199,350.00) 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.
@® *Three Hundred Fifty and no/100** 6th
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of
February ,2007,to City Turf Maintenance for Right Ways and Parkland Properties
ITB #07 003 MA Contract #7516
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
faithfilly 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 2 1 s t
day, of February , 20 07 .
SURETEC INSURANCE COMPANY GKC, Inc.
Surety (Company Name)
* B By:
itle) Greg ry P Faulx (Printed Name)
Attorney In Fact
(Signature)
(Title)
No Text
INDEX 4
STATUTORY BOND
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates Bill Murf ee%n 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.
SURETEC INSURANCE COMPANY
*Bill Murfee
JE Murfee & Son Surety
1310 Texas Ave
Lubbock, TX 79401
itle)
Gregory P Faulx, Attorney In Fact
Approved as to Form
City of Lubbock
By:
City Attorney
* 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
attorney for our files.
4
No Text
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint:
You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099
You may also write to the Surety at:
SureTec Insurance Company
5000 Plaza on the Lake, Suite 290
Austin, TX 78746
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439.
You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
Important Notice Regarding
Terrorism Risk Insurance Act of 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for
surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance
Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance
Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties").
The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is
Zero Dollars ($0.00).
The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from
terrorist acts certified under the Act exceeding the applicable surety deductible.
The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the
terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any
endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism
Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part
or condition of the attached document.
Exclusion of Liability for
Mold, Mycotoxins, and Fungi
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be
liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their
related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or
appearance.
suretec complaint notice rev. 1103
No Text
POA M
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Gregory P. Faulx, Sharon Pond, Kimberly D. Johnson, David Lehr
of Denver , Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or. other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Three Million and no/100 Dollars ($3,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until December 31, 2007 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 200 of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
S��Antc
TECge
CE COMPANY
.F
f y ig By:
w i W j of B.J. Ki g,State of Texas ss: �� � 4County of Harris -•-
On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
Michelle Denny
Ndmy Public
state of Tex(x
My Commission Expires Michelle Denny, Notary P lic
August 27� 2008 My commission expires August 27, 2008
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 21 st davQj Febr ary 120 Q7 #, A.D.
U. Brent Bea sistant See tary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
No Text
INDEX 4
STATUTORY BOND
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY THESE PRESENTS, that
as
Principal(s), and
(hereinafter called the Principal(s),
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars ($ 1) 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
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 pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, 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
_ day of 20
Surety
*By:
(Title)
(Company Name)
By:
(Printed Name)
(Signature)
(Title)
Eli
INDEX 4
STATUTORY BOND
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.
7 Surety
By:
(Tide)
Approved as to form:
City of Lubbock
By:
City Attorney
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
attorney for our files.
7
2
INDEX 4
STATUTORY BOND
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of Dollars ($ ) 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
20___, to
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 _
day of , 20
Surety
* By:
(Title)
(Signature)
(Title)
By:
3
(Company Name)
(Printed Name)
I
- INDEX 4
STATUTORY BOND
_ 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:
(Title)
Approved as to Form
City of Lubbock
By:
City Attorney
* 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
attorney for our files.
a
T9
t_
4
TO- CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK. TX 7%57
INDEX 5
CERTIFICATE OF INSURANCE
DATE: i / S / n :7
TYPE OF PROJECT:
THIS IS TO CERTIFY THAT illy Mitchell (Name and Address of Insured) is, at the date of this certificate, insured by this
Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this
company, the further hereinafter described Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GE.tiER.AL LIABILITY
/
1
X Commercial General Liability
069409021
1/ 6/ 0 7
1/ 6/ 0 8
General Aggregate S Q D �0�-
Claims Made
�
Products-Comp/Op AGG S�
Occurrence
Personal & Adv. Injury S 0 t^�
Owner's & Contractors Protective
Each Occurrence S 6�O
❑
Fire Damage (Anyone Fire) S inn) O0U
S
Med Exp (Any one Person) S oob
At TO;ITOTII E LL4BILl7S"
_ _ ...._..... . .
Any Auto
Combined Single Limit S I , o Or) DOO
X All Owned Autos
069409018
5 / 21 / 0 6
5/21/07
Bodily Injury (Per Person) t,3 ra
:. Scheduled Autos
Bodily Injury (Per Accident) $ K A
�{ Hired Autos
Property Damage S n► 0.
X Non -Owned Autos
G.aRAGE LIABILITY
Any Auto
Auto Only - Each Accident S
Other than Auto Only:
Each Accident S
Aggregate S
BUILDERS RISK
IW✓o of the Total Contract Price
S
IVSTALLATION FLOATER
S
EXCESS LIABILITY
Umbrella Form
Each Occurrence S
Aggregate S
Other Than Umbrella Form
S
{PORKERS COMPENSATION .01)
EMPLOYERS'LIABILITY
Q000790469
6/28/06
6/28/07
The Proprietor/ Included
Statutory Limits
Partners/ Executive r Excluded
Each Accident S500t C)oo
Officers are:
Disease Policy Limit S 49'n4�=
Disease -Each Employee S$ Cyts—
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time
required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of
cancellation. Truck Insurance Exchange
FIVE COPIES OF THE CERTIFICATE OF INSURANCE Try xa s Milt iia I T n Cy
(Name of Insurer)
MUST BE SENT TO THE CITY OF LUBBOCIKC 1
By: r
Title:
The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and
Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock.
INDEX 5
CERTIFICATE OF INSURANCE
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
I
(1) provide coverage for its employees providing services on a project, for the Duration of the Project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2)
(3)
provide a Certificate of Coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
provide the governmental entity, prior to the end of the coverage period, a new Certificate of Coverage
showing extension of coverage, if the coverage period shown on the Contractor's current Certificate of
Coverage ends during the Duration of the Project,
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a Certificate of Coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt by the Contractor, a new Certificate of Coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the Duration of the Project;
(5) retain all required certificates of coverage on file for the Duration of the Project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the Contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE
CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON
THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S
RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE
DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
INDEX 5
CERTIFICATE OF INSURANCE
P. S' O COVERAGE REQUIRED WORKER COMPENSATI N C VERA E
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
-7 (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
Duration of the Project;
vi (B) provide a Certificate of Coverage to the Contractor prior to that person beginning Work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D) provide the Contractor, prior to the end of the coverage period, a new Certificate of Coverage
showing extension of coverage, if the coverage period shown on the current Certificate of
Coverage ends during the Duration of the Project;
(E) obtain from each other person with whom it contracts, and provide to the Contractor:
(i) a Certificate of Coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new Certificate of Coverage showing extension of
the coverage period, if the coverage period shown on the current Certificate of Coverage ends
during the Duration of the Project;
(F) retain all required certificates of coverage on file for the Duration of the Project and for one year
thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
_! (H) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the Certificate of Coverage to be provided to the person for whom they
are providing services._
µ�
e..
m_.F 3
CONTRACTOR:
COMPLETE ADDRESS:
GKC Inc.
PO Box 64515
Lubbock, Texas 79464
ATTES .
_
Corporate Se etary
INDEX 6
CONTRACT #7516
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 6th day of February, 2007 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and GKC Inc. of the City of Lubbock, County of Lubbock and the State of Texas
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described
as follows:
BID 07-003-MA - Contract Turf Maintenance for Right Ways and Parkland Properties and all Extra Work in
connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and
services necessaryto complete the said construction in accordance with the contract documents as defined in the General
- - Condition of Agreement. GKC Inc.'s bid dated January 18, 2007 is incorporated into and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas
in the year and day first above written.
CITY OF LUBBOCK E S (OWNER):
MAYOR
ATTEST:
City
AS 100 CONTENT:
Community Service Director
a
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
1. Definitions:
1.1 Agent - An employee of the Division of Community Services, City of Lubbock, who is appointed by the
City to monitor the Work and actions of the Contractor.
1.2 Call Back — Contact with the Contractor by Agent notifying Contractor of Unfinished Work.
1.3 Certificate of Coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to
self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the Duration of the Project
1.4 City - The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas.
1.5 Classification (Class) - The organization of sites according to service frequencies.
1.6 Contract Time - The number of allowable days to complete the contract.
1.7 Cycle - The complete service of all sites in a Class at one time.
1.8 Designated Superintendent - The superintendent shall represent the Contractor in its absence and all
directions given to superintendent shall be binding as if given to the Contractor.
1.9 Drought Contingency Plan Any enactment by the City of Lubbock requiring that the irrigation of any
property owned or subject to control by the City of Lubbock that is also subject to the work contemplated
under this Contract be reduced or otherwise restricted.
1.10 Duration of the Project - includes the time from the beginning of the work on the project until the
Contractoes/person's work on the project has been completed and accepted by the governmental entity.
1.11 Extra Work - work over and above that is called for in the contract.
1.12 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.
1.13 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.
1.14 Payment Bond and Performance Bond — Payment, Performance and Maintenance Bond is the approved
form of security furnished by the Contractor and his Surety.
1.15 Review Committee - A committee chosen by the City staff, to analyze and recommend to City Council
the best Contractor(s) to perform the tasks governed by the contract.
1.16 Specifications - The directions, provisions, and requirements pertaining to the method and manner of
performing the Work or to the quality of the materials and equipment to be furnished under the contract.
1.17 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.
1.18 Unfinished Work — Any initial Work pertaining to the mowing contract not satisfactorily completed.
Twenty-four (24) hours will be given to complete any Call Backs.
1.19 Unit — A single maintenance site.
1.20 Unit Price - Payment to the Contractor based on a Unit or portion of the Work performed.
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
' 1.21 Vendor Performance —The Purchasing and Contract Management Department administers a Vendor
Performance program for use by all departments and ordering entities. The Vendor Performance Program
relies heavily on the ordering entity's participation in gathering information on Vendor Performance. The
purpose of the program is to create a method for documenting and advising the Purchasing Department of
the exceptional performance or any problems relating to purchased products or services. This method is
for the purpose of vendor management; one file will exist on each vendor's performance in the
Purchasing Department.
6.
7.
1.22 Work - All Work, including the furnishing of staff, equipment, materials, and other incidentals necessary
for the performance of the contract.
OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
CONTRACTOR
The individual, firm, partnership, joint venture, or corporation contracting with the City_to perform Work.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative, Owner's Representative so designated who will inspect turf
maintenance; or to such other representatives, supervisors, or inspectors as may be authorized by said Owner to
act in any particular under this agreement. Agent(s), supervisors or inspectors will act for the Owner under the
direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of
the Contractor. All questions, notices, or documentation arising under this agreement shall be addressed to the
Owner's Representative.
CONTRACT DOCUMENTS
The contract's documents shall consist of Notice to bidders; General Instructions to Bidders; Bid Submittal;
Certificate of Insurance; Contract; General Conditions of the Agreement; Specifications; Turf Maintenance
Groups; Proposed Equipment for Contract Turf Maintenance; Payment Request for Turf Maintenance; Written
Hazardous Communication Program., and all other documents made available to Bidder for inspection in
accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the
"contract" or "contract documents". These form the agreement whereby the Contractor shall furnish all labor,
equipment, tools, materials, and perform all Work necessary to satisfactorily accomplish the proposed plan.
INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of Work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of Work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from
the Owner's Representative or Agent(s).. The Owner's permission to sublet any contract shall not be construed as
making the Owner 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.
,
8. WRITTEN NOTICE
4 Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of
--, the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
9. CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, power, fuel, transportation and all other facilities necessary
for the execution and completion of the Work covered by the contract documents. Unless otherwise specified, all
materials shall be and both workmanship and materials shall be of a good quality. All equipment shall meet all
applicable Federal, State- and Local laws and regulations. The Contractors- equipment is at -all -times during the -
term of this Contract subject to inspection and approval of the Owner's Representative or Agent(s). At a
minimum, the types of equipment utilized shall conform to the type(s) approved for each maintenance class.
Mowers shall be of proper size and configuration to provide quality cut, safe operation, and prevent damage to
turf and facilities. Reel and rotary mowers shall be full flotation and rotary and trim mowers shall have anti -
scalping features. All manufacturers' safety features must be operational, in good repair and in proper positions
during operation. All equipment shall be professional grounds maintenance quality and in good condition
throughout the course of the contract. If the Owner's Representative or Agent(s) deems the equipment faulty or if
the equipment is damaging the turf in anyway, the Contractor shall immediately cease the use of said equipment
and remove the equipment from the premises. The Contractor shall be responsible for grounds maintenance
progress to continue as per the mowing schedules outlined in the attached Specifications.
-, Respective bidders shall submit attached Contractor's Equipment Schedule, Index #10 for their proposed
equipment.
All Work shall be done and all materials furnished in strict conformity with the contract documents.
-- 10. CITIZEN CONTACT
While the Contractor is authorized to perform Work on the Owner's property, Contractor does not have exclusive
use of the property, and must respect the activities of park patrons present during the Work on the Owner's
property. The Contractor shall take all precautions necessary to ensure that adjacent property owners are not
disturbed by any Work performed by the Contractor. Should a Contractor's worker be contacted by a citizen
. , visiting the property the worker is maintaining, assistance shall be given to the citizen to the extent the assistance
-3� is related to the Work being performed. The Owner shall provide a list of the Owner's representatives and phone
numbers for various City functions. The Contractor shall provide employees with this information and ensure that
this information is available at each job site. Employees of the Contractor shall at all times be dressed in attire
that clearly identifies that employee's first name and the employee's affiliation with the Contractor. Employees
I of the Contractor should refer any citizen inquiries to the Owner representative(s).
11. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the Work contemplated by the contract documents has been
performed in sufficient portion so that use or occupancy or the area is in a condition to serve its intended purpose,
but to such an extent that minor miscellaneous Work may be still required.
I r,
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
12. 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 at neighborhood parks or any of the Owner's owned property
site and all material removed from the job shall be at the Contractor's expense. If equipment, materials, or waste
are not removed from the site, written notification from the Agent shall be delivered to the Contractor. The
Contractor shall have forty-eight (48) hours to remove the equipment, materials, or waste in question. If the
equipment, materials, or waste in question is not removed in the forty-eight (48) hour period, the Owner shall
remove said equipment, material, or waste, and the Contractor shall be charged for the expense. Payment to the
City for said expenses shall be deducted from the Contractor's payment. If such conditions continue, the contract
may be terminated due to breach of contract.
13. MOWING SCHEDULES
Except as specifically provided herein, the Contractor shall be responsible for scheduling all Work and shall
accomplish this Work in a manner acceptable to the Owner's Representative or Agent(s). The Owner's
Representative or Agent(s) will check the Contractor's schedule(s) of all mowing Work done by the Contractor
- but this check does not relieve the Contractor of the responsibility of correctly scheduling all Work inaccordancewith the Specifications.
14. LITTER
The Owner will be responsible for litter control for Groups 1 through 3 during regular business hours. The
Contractor will be responsible for litter and debris if Work is required after regular business hours, on holidays, or
on weekends. Litter and debris control for Group 4 Broadway Streetscapes, Southwest Loop Turnarounds &
Right -of -Way shall be performed by the Contractor. The Contractor understands and acknowledges that litter or
debris may accumulate prior to mowing with no fault to either party. The Contractor shall not mow over trash
or debris. The Contractor shall instruct mower operators to inspect sites carefully for, and to avoid creating,
dangerous or unsightly conditions, and dispose of debris in park dumpsters.
15. RIGHT OF ENTRY
The Owner's Representative or Agent(s) shall make periodic visits to the site to observe the progress or quality of
the executed Work and to determine, in general, if the Work is proceeding in accordance with the contract
documents. The Owner's Representative or Agent(s) shall make onsite inspections to check the quality or
quantity of the Work. The Owner's Representative or Agent(s) will not be responsible for the working means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the Work in accordance with the Contract Documents.
16. IDENTIFICATION AND CHARACTER
Contractors vehicles shall be marked with the Contractor's company name, on both sides and in lettering that is a
minimum of two inches tall and of an easily read typeface. In lieu of lettering, Contractors may submit easily
recognizable Company Logos for approval by the Parks Department. All employees of the Contractor shall have
a name badge for identification; either clip -on or incorporated with a uniform. This identification shall be worn at
all times that the employee is at the job site. The Contractor shall provide uniforms of a different color than the
Owner's employee uniforms. Uniforms may not be torn or ragged and shall present a professional appearance.
Additionally, the Contractor will at all times require employees to remain fully dressed and will not allow
employees to wear unbuttoned clothing while on the Owner's property. Contractor's employees shall not display
any print or logo on their vehicles or clothing that purports them as employees of Owner, nor shall Contractor's
employees in any way hold themselves out to be employees of the Owner.
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
17. OWNER'S REPRESENTATIVE'S AND AGENT(S) AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative or Agent(s) has the authority to review all Work included herein. The Owner's Representative or
Agent(s) has the authority to stop the Work whenever such stoppage may be necessary to ensure the proper
execution of the contract. The Owner's Representative or Agent(s) shall, determine the amounts and quantities of
the mowing Units which are to be paid for under the contract documents, and shall determine all questions in
relation to said Work and the completion of Work thereof, and shall, decide every question which may arise
relative to the execution of this contract on the part of said Contractor. The decision of the Owner's
Representative shall be conclusive in the absence of written objection to same delivered to Owner's
Representative within fifteen (10) calendar days of any decision or direction by Owner's Representative. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
18. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
Agent(s) as the said -Owner's Representative may deem proper to inspect the -Work doneunderthis -Agreement, ---
__ and to see that said Work is done in accordance with the Specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the Agent(s) for the proper inspection and examination of the work.
The Contractor shall regard and obey the directions and instructions of any Agent(s) so appointed, when such
directions and instructions are consistent with the obligations of this Agreement and accompanying plans and
Specifications provided, however, should the Contractor object to any orders by any Agent(s), the Contractor may
within ten (10) calendar days make written appeal to the Owner's Representative for its decision. In the absence
of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed
waived.
19. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the Work, during its progress, a competent Designated Superintendent and any necessary assistants, all
satisfactory to Owner's Representative or Agent(s). The Designated Superintendent shall represent the Contractor
in its absence and all directions given to the Designated Superintendent shall be binding as if given to the
Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the
Contractor is essential to the proper performance of the Work and lack of such supervision shall be grounds for
a suspending operations of the Contractor.
The Work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
Neither the Owner, nor its Representatives or Agent(s) shall be responsible for the acts or omissions of the
Contractor, or any subcontractors, or any of Contractor's Agents or employees, or any other persons performing
any of the Work.
20. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the Work, the confirmation of the ground, the character, quality and quantity of materials to be
_ f encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
t- Work, and the general and local conditions, and all other matters which in any way affect the Work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Item #25-Changes and
r� 5
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
Alterations hereof, all modifications and/or amendments to the contract documents, shall be in writing, and
executed by Owner's Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the Work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
Work, shall be sustained and borne by the Contractor at its own cost and expense.
LABOR, EQUIPMENT, MATERIALS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
Work required under this contract, to do the Work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the Work, are, in Owner's Representative's or agent(s) sole
opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner, Owner's Representative, or
agent(s) such man or men shall be discharged from the Work and shall not again be employed on the Work.
Should the Contractor continue to employ such individual(s) to continue Work under this contract, the Owner
reserves the right to withhold payment and/or nullify the contract.
The Contractor shallprovideall labor, tools, equipment, machinery and materials necessary in the prosecution_
and completion of this contract where it is not otherwise specifically provided that Owner shall furmish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the Work until it is finally completed
and accepted.
22. PROPERTY AND BOUNDARY
Parks & Owner Facilities; When the property to be maintained is bound by a street, the scope of maintenance will
extend into roadway a minimum of six (6) inches from lip of street gutter, if the boundary is an alley, maintenance
will consist of a minimum of (one-half) of alley, each maintained on schedule with the remainder of the site.
When the area is bound by anything other than a street or alley, the physical property line will serve as the project
boundary.
Right-of-way sites; curbed areas with adjacent sidewalks shall be maintained through the sidewalk street -ward to
back of curb and ending six (6) inches beyond the lip of gutter. In areas where the linear sidewalk or right-of-way
landmarks are interrupted or divided up, the maintenance areas shall remain consistent and uniform from these
boundaries street -ward to the curb. Median and traffic islands shall be maintained in their entirety including
maintenance street -ward to either side from a point six (6) inches beyond the lip of gutter or to the edge of
roadway on non -curbed medians or traffic islands. Non -curbed streets shall be maintained from the roadway to
the centerline of the drainage channel. Maintenance at intersections shall include a visibility triangle ten feet wide
by thirty feet from either side of the mid -point of the curb's radius.
Aerial maps of the parks and parks properties are available for viewing highlighting the boundaries. Copies can
be obtained by request at the pre -bid meeting or by contacting the Parks Department at 775-2687. Contractor
should allow a +/- 10% variance in determining overall size. Contractors are encouraged to view these maps as
well as conduct a personal site visit.
"DISCLAIMER -CITY OF LUBBOCK: These maps were created using data obtained from various
sources, and created exclusively for the internal use of the City of Lubbock. Portions of the information
may be incorrect or not current. Any person or entity who relies on any information obtained from these
maps does so at their own risk. Neither the City of Lubbock, Texas, nor any agency, officer, or employee of
the City of Lubbock, Texas, warrants the accuracy, reliability, or timeliness of such information.
THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT. THE
23.
24.
GENERAL CONDITIONS OF THE AGREEMENT
CITY OF LUBBOCK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF THIS
PUBLICATION, EVEN IF THE CITY OF LUBBOCK IS ADVISED OF SUCH DAMAGE."
TERMINATION OF CONTRACT
This contract shall remain in effect until the expiration date, 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.
DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the Work or any park thereof, or any material brought on the site of the Work for use
in the Work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or
not in conformity with plans, Specifications and/or contract documents, the Contractor shall, after receipt of
written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise
remedy such, Work _so, that it shall be in full accordance with the contract documents._ It is further agreed that any,
remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
25. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit
for the Work herein contemplated, or any part thereof, either before, during, or after the beginning of the mowing
Cycles, without affecting the validity of this contract.
If such changes or alterations diminish the quantity of the Work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the Work that may be dispensed with. If they increase the amount
of Work, and the increased Work can fairly be classified under the Specifications, such increase shall be paid
according to the Work actually done and at the Unit Price established for such Work under this contract;
otherwise such additional Work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any Work already done or material already furnished or used in
said Work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the Work as originally planned.
26. EXTRA WORK
The term "Extra Work" as used in this contract shall be understood to mean and include all Work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the Work as shown on the plans and Specifications or contract documents and not
covered by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all Extra Work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such Extra Work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said Extra Work shall be determined by the following
methods:
Method (A) - By agreed Unit Prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the Extra Work is
commenced, then the Contractor shall be paid the lesser of the following: (1) actual field
cost of the Extra Work, plus fifteen (15%) percent; or (2) the amount that would have
a
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
been charged by a reasonable and prudent Contractor as a reasonable and necessary cost
for performance of the Extra Work.
In the event said Extra Work be performed and paid for under Method (C)(1), then the provisions of this
paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as
foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges
necessarily incurred, together with all expenses incurred directly on account of such Extra Work, including Social
Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers'
s Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's
j Representative. The Owner's Representative may also specify in writing, before the Work commences, the
_R method of doing the Work and the type and kind of machinery and equipment to be used; otherwise, these matters
shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and
7 equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment
and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms
and prices for the use of machinery and equipment- shall- be incorporated in the written Extra Work order. The
- fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for
its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense
not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office
must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall
be included in the "actual field cost."
i S
No claim for Extra Work of any kind will be allowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve Extra Work for which Contractor should
receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such
Extra Work, make written request to the Owner's Representative for a written order authorizing such Extra Work.
Should a difference of opinion arise as to what does or does not constitute Extra Work or as to the payment
therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
Work after making written request for written order and shall keep adequate and accurate account of the actual
field cost thereof, as provided under Method (C)(l). If Contractor does not notify Owner's Representative before
the commencement of any Extra Work, any claim for payment due to alleged Extra Work shall be deemed
waived.
` 27. 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 Owner's Representative or Agent(s) shall be done at the expense of the Contractor.
The Contractor may be ordered to remove or remedy such Work at its own expense. If Contractor damages
adjacent property, the Contractor shall remedy such property at its own expense.
28. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all Work described in the bid, the
t , Specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the Work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in
these plans, Specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands
the Work to be included and has provided sufficient sums in its bid to complete the Work in accordance
with these plans and Specifications. If Contractor does not notify Owner's Representative before bidding
l'
of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and Specifications
8
.0
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
are sufficient and adequate for completion of the project. It is further agreed that any request for
clarification must be submitted no later than five (5) calendar days prior to the opening of bids.
R 29. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
Work with the rate of progress required under this contract, the Owner, Owner's Representative, or Agent(s) may
p order the Contractor in' writing to increase their safety or improve their character and efficiency and the
Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
..
y 30. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
7
i The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company- licensedtotransact business -in the State of Texas, which policy shall comply with the -
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the Work and shall comply with all applicable
_ provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
,.,.} expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or un-liquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the Work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
4 supervise safety precautions by either the Contractor or any of its subcontractors.
31. CONTRACTOR'S INSURANCE
The Contractor shall not commence Work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
Fill,
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of
--
insurance specifying each and all coverages shall be submitted prior to contract execution.
�.
r.<
31.1 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 in connection with or incidental to this Contract or the Work to be performed hereunder,
including such injury or harm as may be caused in part by any neglect, act, or omission of the City, its
officers and employees, excepting only such injury or harm as may be caused solely by an act or omission
of the City, its officers and employees.
Notwithstanding the foregoing, the Contractor specifically agrees to so indemnify, hold harmless, and
defend the City from and against any and all such liability, suits, action, legal proceedings, claims, or
t,
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
P4 . -
including where such condition and resulting in or harm is caused in b an negligent
_ equipment-, � g g • Jm'Y P� Y Y
act or omission of City, its officers and employee, but excepting only such injury or harm as may caused
solely by an act or omission of City, its officers and employees. Contractor agrees to waive any and all
claims and suits covered by this indemnity agreement and agrees that any insurance carrier involved shall
}
not be entitled to subrogation under any circumstance against City, its officers and employees.
31.2 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.
31.2.1 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 the
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
Medical 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.
31.2.2 The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in
an amount no less than $500,000.
31.2.3 Commercial General Liability Insurance at minimum combined single limits of $100,000 per
occurrence and $300,000 general aggregate for Bodily Injury and Property Damage, which coverage shall
include Products/Completed Operation ($300,000 Products/Completed Operations Aggregate), Personal
& Adv. Injury. Coverage must be written on an Occurrence Form. Contractual Liability must be
obligations contained in the contract.
Commercial Automobile Liability Insurance at minimum combined single limits of $ I00,000 per
occurrence for owned, non -owned, and hired coverage.
Excess Umbrella Liability Insurance is not required.
j 31.3 Subcontractors: It shall be the Contractors responsibility to verify that any subcontractor is covered by
the same amounts and types of insurance as required in 33.3.
31.4 All policies or certificates shall also contain the following endorsements:
`j 10
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
31.4.1 The CITY OF LUBBOCK shall be named as rim additional insured and a co of the
primary copy
endorsement so naming the CITY OF LUBBOCK shall be attached to the Certificate of Insurance
prior to beginning any Work.
31.4.2 All liability policies shall contain cross liability and severability of interest clauses.
31.4.3 A waiver of subrogation in favor of the City of Lubbock for all types of insurance coverage's.
31.4.4 The policy shall be endorsed to require the insured to notify the City of Lubbock of any changes
in the insurance coverage within 30 days prior to the change.
31.5 All insurance shall be purchased from an insurance company that meets the following requirements.
31.5.1 A Best financial grading of A:VII or better
31.5.2 Licensed and admitted to do business in the State of Texas and is a subscriber to the Texas
_Guaranty Fun .
31.6 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
t and shall contain provisions representing and warranting the following:
31.6.1 The company is licensed and admitted to do business in the State of Texas.
31.6.2 The company's forms have been approved by the Texas State Board of Insurance.
31.6.3 Sets forth all endorsements as required above.
31.7 The City of Lubbock shall receive at least sixty (60) calendar days' written notice prior to cancellation or
termination of insurance.
31.8 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.
31.9 The Contractor includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with the
Contractor and regardless of whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees
of any such entity, or employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not include activities
unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
31.10 The Contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the
Duration of the Project.
31.11 The Contractor must provide a Certificate of Coverage to the governmental entity prior to being awarded
the contract.
II
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
31.12 If the coverage period shown on the Contractor's current Certificate of Coverage ends during the Duration
of the Project, the Contractor must, prior to the end of the coverage period, file a new Certificate of
Coverage with the governmental entity showing that coverage has been extended.
31.13 The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
31.13.1 a Certificate of Coverage, prior to that person beginning Work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
31.13.2 no later than seven days after receipt by the Contractor, a new Certificate of Coverage
showing extension of coverage, if the coverage period shown on the current Certificate of
Coverage ends during the Duration of the Project.
31.14 The Contractor shall retain all required certificates of coverage for the Duration of the Project and for one
year thereafter.
31.15 The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the Contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project.
31.16 The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
31.17 The Contractor shall contractually require each person with whom it contracts to provide services on the
project, to:
31.17.1 provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the Duration of the Project;
31.17.2 provide to the Contractor, prior to that person beginning Work on the project, a
Certificate of Coverage showing that coverage is being provided for all employees of the
person providing services on the project, for the Duration of the Project;
31.17.3 provide the Contractor, prior to the end of the coverage period, a new Certificate of
Coverage showing extension of coverage, if the coverage period shown on the current
Certificate of Coverage ends during the Duration of the Project;
31.17.4 obtain from each other person with whom it contracts, and provide to the Contractor:
31.17.4a a Certificate of Coverage, prior to the other person beginning Work on
the project; and
31.174b a new Certificate of Coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current Certificate of Coverage ends during the Duration of the Project;
31.17.5 retain all required certificates of coverage on file for the Duration of the Project and for
one year thereafter;
12
7
INDEX T
GENERAL CONDITIONS OF THE AGREEMENT
31.17.6 notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
31.17.7 contractually require each person with whom it contracts to perform as required by
paragraphs 31.17.1 — 31.17.7, with the certificates of coverage to be provided to the
person for whom they are providing services.
31.18 By signing this contract or providing or causing to be provided a Certificate of Coverage, the Contractor
is representing to the governmental entity that all employees of the Contractor who will provide services
on the project will be covered by worker's compensation coverage for the Duration of the Project, that the
coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
- - - 31.19 The -Contractor's -failure to comply -with -any of these provisionsisa-breach of contract by the -Contractor
------
which entitles the governmental entity to declare the contract void if the Contractor does not remedy the
breach within ten days after receipt of notice of breach from the governmental entity.
32.0 PROOF OF COVERAGE
Before Work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne
by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid Specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
Specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the Duration of
the Project based on proper reporting of classification codes and payroll amounts and
filling of any coverage agreements;
(b) provide a Certificate of Coverage showing workers' compensation coverage to the City
prior to beginning Work on the project;
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GENERAL CONDITIONS OF THE AGREEMENT
(c) provide the City, prior to the end of the coverage period, a new Certificate of Coverage
showing extension of coverage, if the coverage period shown on the Contractor's current
Certificate of Coverage ends during the Duration of the Project;
(d) obtain from each person providing services on a project, and provide to the City:
(i) a Certificate of Coverage, prior to that person beginning Work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new Certificate of
Coverage showing extension of coverage, if the coverage period shown on the
current Certificate of Coverage ends during the Duration of the Project;
(e) retain all required certificates of coverage on file for the Duration of the Project and for
one year thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30-point bold type
and text in at least 19-point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
Includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804-4000
(hlln://www.twcc.state.txus/twccconlacts.hlmll to receive information of the legal
requirements for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage, " and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the Duration of the Project;
(ii) provide a Certificate of Coverage to the Contractor prior to that person beginning
Work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a Certificate of Coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
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GENERAL
CONDITIONS OF THE AGREEMENT
provide services on the project will be covered by workers'
compensation coverage for the Duration of the Project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions."
(iv)
provide the Contractor, prior to the end of the coverage period, a new Certificate
of Coverage showing extension of coverage, if the coverage period shown on the
r
current Certificate of Coverage ends during the Duration of the Project;
(v)
obtain from each other person with whom it contracts, and provide to the
Contractor:
Certificate of Coverage, prior. to the other person beginning Work on
a
the project; and
(2) prior to the end of the coverage period, a new Certificate of Coverage
showing extension of the coverage period, if the coverage period shown
on the current Certificate of Coverage ends during the Duration of the
Project;
(vi)
retain all required certificates of coverage on file for the Duration of the Project
and for one year thereafter;
(vii)
notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii)
contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the Certificate of Coverage to be provided
to the person for whom they are providing services.
33. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
34. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND
FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in item #30 - Protection
r Against Accident to Employee and Public and General Indemnity, the Contractor agrees that it will indemnify and
save the Owner and all of its officers, elected officials, agents, representatives and employees, harmless against
any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner
or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery
a....., and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the
project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish
satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or
waived.
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GENERAL CONDITIONS OF THE AGREEMENT
35. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in Item #30- Protection
Against Accident to Employee and Public and General Indemnity hereof, the Contractor shall defend all suits or
claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its
officers, elected officials, agents, representatives and employees harmless from any loss on account thereof,
except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a
particular design, device, material or process or the product of a particular manufacturer or manufacturers is
specified or required in these contract documents by Owner; provided, however, if choice of alternate design,
` device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all
- of its officers, elected officials, agents, representatives and employees harmless from any loss on account thereof.
Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or
_ this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of
such infringement to the Owner's Representative prior to bidding.
r
36. LAWS AND ORDINANCES
i
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the Work, and without limiting, in any way, manner or
j (,... form, the indemnity provided by Contractor in Item #30- Protection Against Accident to Employee and Public
and General Indemnity hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers,
elected officials, agents, representatives and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor
t" observes that the plans and Specifications are at variance therewith, he shall notify the Owner's Representative in
writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
Work. In the absence of timely written notification to Owner's Representative of such variance or variances
within said time, any objection and/or assertion that the plans and Specifications are at variance with any federal,
state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or
subcontractors perform any Work contrary to such laws, ordinances, rules and regulations, and without such
notice to the Owner's Representative, Contractor shall bear all costs arising there from.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
Q though embodied herein.
Prior to any application of chemicals, the Contractor shall request, in writing, for approval from the Owner's
Representative or Agent(s). If permission is granted, all applications shall be performed through a Licensed
r� Applicator, licensed by the Texas Structural Pest Control Board. Before spray applications commence, the
Contractor shall furnish the Owner's Representative or Agent(s) a list of proposed areas to be treated.
37. 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
i representative or the Federal, State or Local Government.
38.
39.
40.
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GENERAL CONDITIONS OF THE AGREEMENT
SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the Work, or materials
required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner,
as provided by the contract documents.
TIME FOR SUBSTANTIAL COMPLETION
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of Work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the Work embraced in
this contract shall be commenced as provided in the contract documents.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the Work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The time will be negotiable and agreed upon by and between the Contractor and the Owner.-- - -
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER
THAT TIME IS OF THE ESSENCE OF THIS CONTRACT.
TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute its Work at such time and sessions, in such order of precedence, and in such manner
as shall be most conductive to economy of scheduling; provided, however, that the order and time of prosecution
shall be such that the Work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and Specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other Work done, either by contract or by its own force, the Owner's Representative
may direct the time and manner of scheduling Work done under this contract so that conflicts will be avoided and
the mowing of the various Works being done for the Owner shall be harmonized.
The Contractor shall submit mowing schedules as requested by the Owner's Representative or Agent(s) five (5)
working days prior to the start of every month. A copy shall be mailed, faxed or e-mailed to the Owner's
Representative, Agent(s), and any Park Maintenance department dependent upon the mowing schedules. Mowing
properties shall be mowed in the order they are listed on the monthly schedule with dates at which the Contractor
will start the Units of Work and estimated dates of completion of the Units of Work unless prior notice is given
before the start of the working day (6:00 AM).
41. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of
this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of Item #39 — Time for Substantial Completion
hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time
on this contract, except when its Work has been delayed by an act or neglect of the Owner, Owner's
Representative, employees of the Owner or other Contractors employed by the Owner, or by changes ordered in
the Work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Work on weekends and holidays
and shall be at the discretion of the Contractor. Should the Contractor find it necessary to Work during this time,
written notice of his intention to do so shall be given to the Owner's Representative and Agent(s) at least twenty-
four (24) hours prior to doing so. The City reserves the right to deny such Work that interferes with heavy park
usage or special events. All Work is schedule driven; therefore, the Contractor's Work force and equipment needs
shall vary throughout the contract's time period. The normal Work schedule shall fall within the time frame of
Monday through Friday 6:00 a.m. to 5:00 p.m.
17
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
A failure by Owner's Representative to affirmatively grant the extension no later than twenty-four (24) hours of
written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written
notification of such delay and request for extension, as provided herein, any request for extension by Contractor
shall be deemed waived.
42. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the Work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
Work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the Work embraced in this contract except
where the Work is stopped by order of the Owner, Owner's Representative or Agent(s) for the Owner's
convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused
by such stoppage shall be paid by Owner to Contractor.
43. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a Unit Price basis, then Owner and Contractor agree that this contract, including the
Specifications, plans and other contract documents are intended to show clearly all Work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to
be estimates, for the various classes of Work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing
their bids offered for the Work. In the event the amount of Work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of Work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the Unit Price method,
payment shall be for the actual amount of Work done and materials furnished on the project.
44. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property.
Without limiting, in any way, manner and form, the indemnity provided by Contractor in Item #30 — Protection
Against Accidents to Employees and the Public and General Indemnity hereof, the Contractor agrees to
indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all
claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out
of the performance of this contract. 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 Owner's Representative or Agent(s) 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 its
own expense. Time required to repair damaged property shall be expedient and to the approval of the Owner's
Representative or Agent(s). If the damage is not repaired in the agreed upon time period, the City may after
forty-eight (48) hours notice from the Owner's Representative, 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.
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GENERAL CONDITIONS OF THE AGREEMENT
45. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all Work
by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
Specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to
receive such price in full for furnishing all materials and all labor required for the aforesaid Work, also, for all
expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner
and according to this agreement, the attached Specifications, plans, contract documents and requirements of
Owner's Representative.
46. PAYMENTS
l No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
Work. Contractor shall at any time requested during the progress of the Work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the Work, Before final payment is made, Contractor shall satisfy Owner, by -affidavit or otherwise, that there -
_ are no outstanding liens against Owner's premises by reason of any Work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, who have not theretofore been timely filed as provided in this contract. The Contractor
shall receive compensation provided for in the contract on a per Cycle basis for each Unit site. In the case of the
Grounds Maintenance Contract, payment shall be determined by services rendered. Payment shall be made at the
end of each month for services rendered for each completed Unit within a maintenance group. Payment shall be
y s determined by the form included in this package as Index #10 and approved by the Owner's Representative or
-, Agent(s).
47. PAYMENT WITHHELD
In addition to express provisions elsewhere contained in the contract, the Owner or Owner's Representative may.
withhold from any payment otherwise due the Contractor such amount as determined necessary to protect the
Owner'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
47.1 Unsatisfactory progress of the Work not caused by condition beyond the Contractor's control;
47.2 Defective Work not corrected;
47.3 Contractor's failures to carry out instructions or orders of the City or his (its) representatives;
47.4 A reasonable doubt that the contract can be completed for the balance then unpaid;
47.5 Execution of Work not in accordance with the contract documents;
47.6 Claim filed by or against the Contractor or reasonable evidence indicating probable filing of
"...3 claims;
C47.7 Failure of the Contractor to make payments to subcontractor for material or labor;
47.8 Damage to another Contractor;
.. 47.9 Unsafe working conditions allowed persisting by the Contractor;
19
i
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
47.10 Failure of the Contractor to provide work schedules as required by the City;
47.11 Use of subcontractors without City's approval.
f t 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.
48. CONTRACTOR DEFAULT OWNER'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
Owner declaring the Contractor to be in default. The contract may be annulled by the Owner for any good cause
or causes, among others of which special reference is made to the following:
48.1 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;
j 48.2 Substantial evidences that the progress of the Work being made by the Contractor is insufficient
to complete the -Work within the specified -working time;-
:1
48.3 Failure of the Contractor to provide sufficient and proper equipment, materials or construction
forces or properly executing the Work;
48.4 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
j reasonable time after notice to do so;
48.5 Substantial evidences that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work;
48.6 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;
48.7 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;
48.8 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;
48.9 Repeated violations of safe working procedures;
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.
49. FINAL INSPECTION
,..., Final Inspection of the site shall take place by the Owner's Representative or Agent(s) as soon as possible after
the completion of the Unit(s). If the project (s) is completed in Cycles, the project (s) shall be inspected after each
Unit(s) by the Agent(s). The Contractor shall be allowed to be present at the examination. If the inspection
reveals any defective Work, the Owner's Representative or Agent(s) may require the Call Back Work to be
remedied before final acceptance is granted. All said remedies shall be at the expense of the Contractor.
LJ
20
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
50. 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 Owner's Representative or his Agent(s) to arrange for
mowing schedule adjustments as may be required. The Owner's Representative or his Agent(s) will attempt to
notify the Contractor forty-eight hours prior to an event that requires mowing schedule adjustments. Sites for
funeral services at the City of Lubbock Cemetery may be verified each morning at 8:00 AM at the Cemetery
Office.
51. CLAIM OR DISPUTED WORK
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within seven (7) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
7 shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within seven (7) calendar days of receipt of notice of dispute by Owner's Representative,
' said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the
i Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the
acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and
constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's
Representative, by Contractor.
If the Contractor is of the opinion that (a) the Work necessary or required to accomplish the result intended by this
contract; or (b) any Work ordered to be done as contract Work by the City is Extra Work or additional Work and
not contract Work; or (c) any determination or order of the Owner violates the terms and provisions of this
contract, the Contractor shall promptly, either before proceeding with such Work or complying with such order or
determination, notify the Owner in writing of his (its) contentions with respect thereto and request a final
determination thereof. If the Owner 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 terns and provisions for the contract, thereupon the Owner shall cause either (a) the
issuance of a written order covering the Extra Work as provided for in paragraph I of Item #26 Fxtra Work hereof,
or (b) the determination or order complained of be rescinded or so modified so as to not require performance
beyond that required by the terms and provisions of the contract. Such determination of the Owner shall be given
in writing to the Contractor.
If the Owner 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
v ( resulting from such compliance, the Contractor must, within seven (7) calendar days after receiving the Owner's
44 determination and direction, notify the Owner in writing that the Work is being performed, or that the
determination and direction is being complied with, under protest.
If the Contractor fails to so appeal to the Owner for a determination or, having so appealed, should the Contractor
thus fail to notify the Owner 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.
In addition to the foregoing requirement, the Contractor shall, upon notice from the Owner, produce for
examination and audit at the Contractor' office, by the representatives of the Owner, all his (its) books and
records showing all of his (its) acts and transactions in connection with contractual performance as well as
21
I
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52.
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
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 Owner 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
Owner or any agent or employee of the Owner 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
Owner 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 Owner, upon demand therefore, shall also produce for
inspection by the Contractor such records as the Owner may have with respect to such disputed Work or Work
performed under protest pursuant to order of the Owner, except those records and reports which may have been
prepared for the purpose of determining the accuracy and validity of the Contractor's claim.
NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume Work within seven (7) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with
the written orders of the Owner's Representative, when such orders are consistent with this contract, then the
Surety on the bond shall be notified in writing and directed to complete the Work and a copy of said notice shall
be delivered to the Contractor.
In the event the Contractor should fail to commence compliance with the notice hereinbefore provided within ten
(10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project
as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may
exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not
limited to, providing for completion of the Work in either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the Work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said Contractor,
then the Contractor shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the Work, may let the contract for the completion
of the Work under substantially the same terns and conditions which are provided in this contract. In
case of any increase in cost to the Owner under the new contract as compared to what would have been
the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and
remain bound therefore. Should the cost to complete any such new contract prove to be less than that
which would have been the cost to complete the Work under this contract, the Contractor or his Surety
shall be credited therewith.
In the event the Owner's Representative elects to complete the Work, as described above, when the Work shall
have been finally completed, the Contractor shall be so notified and certification of completion as provided in
Item #46-Payments hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
22
7
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification of
completion.
In the event the statement of accounts shows that the cost to complete the Work is less than that which would
have been the cost to the Owner had the Work been completed by the Contractor under the terms of this contract,
or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the Work shall be turned over
to the Contractor and/or his Surety, if applicable. Should the cost to complete the Work exceed the contract price,
and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time
designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of
the Work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however,
that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such
notice, such property shall be held at the risk of the Contractor, if applicable, subject only to the duty of the
Owner to exercise ordinary care to protect such property.
The remedies provided to Owner by law, equity,- contract, or otherwise, shall- be -cumulative, to the extent
permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided
in Item #39-Time for Substantial Completion, hereinabove set forth.
53. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, Work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
54. MAINTAINING WORK SCHEDULES
It will be the Contractor's responsibility to perform litter control when the mowing schedule is deviated due to
problems not weather related or when Work is requested after regular business hours, holidays, or on weekends.
55. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions
shall control.
56. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
Work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the Work, shall be sustained and borne by the Contractor at his own cost and expense.
57. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent Contractor with full, complete and exclusive power and authority
to direct, supervise, and control its own employees and to determine the method of the performance of the Work
covered hereby. The fact that the Owner, Owner's Representative or Agent(s) shall have the right to observe
23
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INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
Contractor's Work during Contractor's performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner, Owner's Representative or Agent(s) hereunder, is not intended to and shall
3 not at any time change or effect the status of the Contractor as an independent Contractor with respect to either the
t Owner, Owner's Representative or Agent(s) or to the Contractor's own employees or to any other person, firm, or
corporation.
`"i
58. 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 therefore from:
r
I. 58.1 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
7 any parts thereof, do not in fact conform to the contact requirements; and
i
3. 58.2 - - 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
i this contract in strict accordance with its terms or both.
59. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated there under, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the
construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or
other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent there from, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal
protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other
petroleum products or byproducts and/or asbestos.
60. 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 non -appropriation 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
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
24
r
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
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.
61. 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.
62. CONTRACT TERM
62.1 The initial term of the contract shall be from commencement date of Work through December 31, 2009.
62.2 After completion of the initial Contract term, these properties will go out to bid with all other parkland
properties.
62.3 Prices will be bid for the initial term only. All prices bid the initial term may, at the option of the Owner,
are adjusted for the second term up to one hundred percent (100%) of the cost of living adjustment as
measured by the Consumer Price Index (CPI). CPI referred to herein is the Consumer Price Index for
Urban Wage Earners and Clerical Workers as provided by the U.S Department of Labor Bureau of labor
statistics (All Items) for the U.S. City Average. The period of increase measurement shall be from the
twelve months most nearly matching the initial term of the contract (containing at least nine months of
Period 1), and the resulting net increase shall be applied to prices bid herein for Period 2. Any cost
adjustments to the contract that are negotiated in the last twelve months of Period 1, are not subject to
adjustments for CPI in Period 2 as outlined above.
Prices for Period 3 shall be calculated in the same manner as effective prices for Period 2, using Period 2
as the base period of measurement.
63. 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.
64. WEATHER
Weather will affect the progress of ground maintenance at times and Contractor shall recognize this and have a
plan of action and/or resources available to proceed in an expedient manner. Should weather conditions alter
schedules, the Contractor shall notify the Owner's Representative, Agent(s) and other appropriate Park
Maintenance departments such as Environmental Services, before 6:00 AM 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 Owner's Representative or
Agent(s) finds that weather conditions are inappropriate for maintaining high quality Work, they may notify the
Contractor and suspend Work. The suspension of Work by the Owner's Representative or Agent (s) shall not in
any way allow the Contractor to find grounds for adjustments in Contract Time or provide for extra compensation.
65. SPECIFICATION CHANGE
During the term of the Contract, the Owner may change Site Classifications, thereby increasing or decreasing
mowing frequencies. Unit pricing will be used to determine cost adjustments. All changes shall be in writing.
25
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
When the Unit pricing(s) to be furnished under any item of the contract is more than 125 percent of the contract
price, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the
portion of Work above 125 percent of the quantity stated in the contract.
v
When the Unit pricing(s) to be furnished under any item of the contract is less than 75 percent of the contract
price, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the
Work performed.
Contractor understands and agrees that a Drought Contingency Plan, if effected by the City of Lubbock, could
result in significantly reduced or eliminated irrigation schedules for the properties that are the subject of this
agreement, which could, in turn, significantly reduce or eliminate the need for services contemplated under this
agreement. In the event said Drought Contingency Plan is effected, Owner shall promptly notify Contractor of
? said event, and Contractor hereby agrees thereafter to accept and abide by any revised maintenance schedules and
compensation adjustments promulgated by the Owner. This agreement shall constitute the Contractor's consent,
granted prospectively, for a change order to the original contract price as required by TEXAS LOCAL
GOVERNMENT CODE, Section 252.048(d).
66. 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 Owner's Representative. The Contractor shall afford the Owner the
opportunity to inspect the same. After inspection by the Owner, the Contractor shall not delay Work pending a
decision to be made by the Owner regarding the claim. Failure of the Contractor to give prompt written notice
and afford the Owner 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 Owner 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 Owner deems additional time is necessary to accomplish the job. No
change order or combination of change orders shall exceed twenty-five percent (25%) of the total contract.
67. FORCE MAJEURE
In the event either Owner or Contractor is rendered unable in whole or in part by force majeure to carry out any
covenant, agreement, obligation or undertaking to be kept or performed by such party under this agreement, other
than to make payment of amounts due for Work completed, such covenant, agreement, obligation or undertaking,
insofar as the same is affected by such force majeure, will be suspended. The term "force majeure" as employed
in this section includes acts of God, strikes, lockouts, or other industrial disturbances, acts of a public enemy, war,
blockades, riots, epidemics, earthquakes, explosions, accidents, or repairs to machinery or pipes, the delays of
carriers, or inability by reason of governmental regulation to obtain materials, acts of public authorities including
but not limited to the effectuation of a Drought Contingency Plan by the City of Lubbock, or other causes,
whether or not of the same kind as specifically enumerated, not within the control of the party claiming
suspension and which by the exercise of due diligence or the payment of money such party is unable to overcome.
68. SEVERABILITY
If for any reason any provision hereof shall be inoperative, the validity and effect of all other provisions shall not
be affected thereby.
26
c
INDEX 7
GENERAL CONDITIONS OF THE AGREEMENT
69. PRESUMPTION AGAINST SCRIVENER
In case of a dispute as to interpretation of this agreement, each party waives the presumption that this agreement
is presumed to be read in favor of the party that did not prepare it.
27
i
INDEX 8
SPECIFICATIONS
MAINTENANCE STANDARDS
1.0 Class A Maintenance Standards
1.1 General: Successful Contractor must commence Work within ten (10) days receipt of
Y
Notice To Proceed. The decision to end or suspend temporarily the maintenance season
shall be made by the Owner's Representative Agent. The Contractor shall be notified of
t
the Owner's decision by letter.
�3
1.1.1 The areas to be serviced for each site include all right of ways adjoining the site
_
and to the centerline of all alleys adjoining the site, and extending street -ward
from back of curb and six (6) inches beyond lip of gutter. Contractor is
fresponsible
for safe and careful operation of mowing equipment around plant
[
material and structures to prevent damage and to prevent clippings from
contaminating shrub or color beds.
s
LL2- Contractor shall provide it maintenance schedule to the Parks Departmexit within
ten (10) days from Notice To Proceed and will notify the Owner's Representative
or Agent(s) of any changes in the schedule prior to the schedule change.
[.s
1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's
Representative or Agent(s). Mowing frequency and height shall be determined by turf
growth and occur up to once per calendar week, evenly spaced between Cycles. Clippings
0
shall be bagged and recycled and all hard -stapes shall be cleaned after each service. Mowing
equipment Y ui ment shall be a reel mower for Gateway Plaza, Walk of Fame Plaza & Fountain and the
Garden & Arts Tea Terrace. The remaining Class A Parks shall be non -bagged and mowed
with a rotary/recycler mower. All equipment must be of appropriate size for each site and
.
approved by the Owner's Representative or Agent(s).
_
1.2.1 TENTATIVE MOWING FREQUENCIES:
January 0 July 4
February 0 August 5
March 1 September 4
April 4 October 2
May 4 November I
June 4 December 0
}
1.3 Edging: All sidewalks and curbs shall be edged to a depth of one inch and shall be
performed concurrently with mowing operations. String trimmers or curb dressers may
not be used for edging. Chemical edging is not permitted on Class A Parks.
1.4 Trimming: All string trimming must be done to achieve a height uniform with the
mowing height. Maintenance of drains and exposed playa lake shorelines due to
evaporation or receding of the lake shall be the Contractor's responsibility. Trimming
must be performed around trees, plant beds, buildings, playground equipment, signs,
fences, and any other plants or structures. All play surfaces, hard surfaces, sidewalks,
streets, street medians, parking areas, and parking lots, must be kept free of grass, weeds
and debris. This task must be completed the same day the mowing is performed.
I. .
28
INDEX 8
_3
SPECIFICATIONS
2.0 Class B Maintenance Standards
2.1 General: Successful Contractor must continence Work within ten (10) days receipt of
Notice To Proceed. The decision to end or suspend temporarily the maintenance season
shall be made by the Owner's Representative or Agent(s). The Contractor shall be
notified of the Owner's decision by letter.
2.1.1 The areas to be serviced for each site include all right of ways adjoining the site
and to the centerline of all alleys adjoining the site, and extending street -ward
from back of curb and six (6) inches beyond lip of gutter. Contractor is
responsible for safe and careful operation of mowing equipment around plant
material and structures to prevent damage and to prevent clippings from
contaminating shrub or color beds.
J
2.1.2 Contractor shall provide a maintenance schedule to the Parks Department within
ten (10) days from Notice To Proceed and will notify the Owner's Representative
or Agent(s) of any changes in the schedule prior to the schedule change.
2.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's
Representative or Agent(s). Mowing frequency and height shall be determined by turf
growth and occur up to once per calendar week or every seven (7) days, evenly spaced
between Cycles. Clippings shall not be bagged, and all hardscapes shall be cleaned after
each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment
shall be reel mowers or turf type full flotation rotary mowers equipped with all turf tires and
shall be approved by the Owner's Representative or Agent(s). Some specialty sites such as
athletic fields, athletic facilities, and municipal facilities shall be mowed on specific times
and days and of the week as determined by the Owner's Representative or Agent(s).
2.2.1 TENTATIVE MOWING FREQUENCIES:
January 0 July 4
February 0 August 5
March 1 September 4
April 2 October 1
#
May 4 November 0
June 4 December 0
2.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a
depth of one inch and all non curbed plant beds shall be edged to a depth necessary to
achieve appropriate results. All edging shall be performed concurrently with mowing at
each site. String trimmer or curb dresser may not be used for these tasks. Chemical
edging is not permitted on Class B Parks. All jogging tracks shall be edged concurrently
with mowing operations.
2.3.1 Street curb and drainage channel edging shall be accomplished weekly and all
debris from this activity shall be removed the same day that the task is
performed. Curb dressers may be used for this task.
2.4 Trimming: All string trimming must be done to achieve a height uniform with the
mowing height. Maintenance of drains and exposed playa lake shorelines due to
evaporation or receding of the lake shall be the Contractor's responsibility. Trimming
must be performed around trees, plant beds, buildings, playground equipment, signs,
+ 29
INDEX 8
SPECIFICATIONS
fences, and any other plants or structures. All play surfaces, sidewalks, hard surfaces,
streets, street medians, playground sidewalks, parking areas, and parking lots must be
kept free of grass, weeds and debris. This task must be completed the some day the
mowing is performed.
3.0 Class C Maintenance Standards
3.1 General: Successful Contractor must commence Work within ten (10) days receipt of
Notice To Proceed. The decision to end or suspend temporarily the maintenance season
shall be made by the Owner's Representative or Agent(s). The Contractor shall be
notified of the Owner's decision by letter.
3.1.1 The areas to be serviced for each site include all right of ways adjoining the site
and to the centerline of all alleys adjoining the site, and extending from back of
curb street -ward and six (6) inches beyond lip of gutter. Contractor is
responsible for safe and careful operation of mowing equipment around plant
............
_ material ..and strttctures- to prevent damage and to prevent clippings . in
contaminating shrub or color beds.
3.1.2 Contractor shall provide a maintenance schedule to the Parks Department within
ten (10) days from Notice To Proceed and will notify the Owner's Representative
or Agent(s) of any changes in the schedule prior to the schedule change.
3.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the
Owner's Representative or Agent(s). Mowing frequency and height shall be determined by
turf growth and occur up to once every ten- (10) days evenly spaced between Cycles. .
Clippings shall not be bagged and all hardscapes shall be cleaned after each service. The
mowers shall leave no clumps or windrows of grass. Mowing equipment shall be
determined by site conditions and equipped with all turf tires and shall be approved by the
Owner's Representative or Agent(s). Some specialty sites such as athletic fields, athletic
facilities, and municipal facilities shall be mowed on specific times and days and of the
week as determined by the Owner's Representative or Agent(s).
3.2.1 TENTATIVE MOWING FREQUENCIES:
January
0
July 2
February
0
August 3
March
I
September 2
April
2
October 1
May
3
November 0
June
3
December 0
3.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a
depth of one inch and all non curbed plant beds shall be edged to a depth necessary to
achieve appropriate results. All edging shall be performed concurrently with mowing at
each site. String trimmer or curb dresser may not be used for these tasks. Chemical
edging is not permitted on Class C Parks.
30
INDEX 8
SPECIFICATIONS
3.3.1 Street curb and drainage channel edging shall be accomplished concurrently with
mowing operations and all debris from this activity shall be removed the same
day that the task is performed. Curb dressers may be used for this task.
3.4 Trimming: All string trimming must be done to achieve a height uniform with the
mowing height. Maintenance of drains and exposed playa lake shorelines due to
evaporation or receding of the lake shall be the Contractor's responsibility. Trimming
must be performed around trees, plant beds, buildings, playground equipment, signs,
fences, and any other plants or structures. All play surfaces, hard surfaces, sidewalks,
streets, street medians, parking areas, parking lots, and playground sidewalks must be
kept free of grass, weeds and debris. This task must be completed the same day the
mowing is performed.
4.0 Class D Maintenance Standards
4.1 General: Successful Contractor must commence Work within ten (10) days receipt of
- - Notice To Proceed. The decision to end or suspend temporarily the maintenance season
shall be made by the Owner's Representative or Agent(s). The Contractor shall be
notified of the Owner's decision by letter.
4.1.1 The areas to be serviced for each site include all right of ways adjoining the site
and to the centerline of all alleys adjoining the site, and extending street -ward
from back of curb and six (6) inches beyond lip of gutter. Contractor is
responsible for safe and careful operation of mowing equipment around plant
material and structures to prevent damage and to prevent clippings from
contaminating shrub or color beds.
4.1.2 Contractor shall provide a maintenance schedule to the Parks Department within
ten (10) days from Notice To Proceed and will notify the Owner's Representative
or Agent(s) of any changes in the schedule prior to the schedule change.
4.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's
Representative or Agent(s). Mowing frequency and height shall be determined by turf
growth and shall occur once every twenty-one (21) days or as determined by the Owner's
Representative or Agent(s). The Owner's Representative or Agent(s) will notify the
j Contractor as needed to perform mowing services. Mowing shall be at four (4) inches and
include trimming around all objects and elimination of growth on any hard surface including
adjacent public roadways. Mowing equipment shall be determined by site conditions and
shall equipped with all turf tires or industrial tires and be approved by the Owner's
Representative or Agent(s).
4.2.1 TENTATIVE MOWING FREQUENCIES:
4 - January 0 July 2
February 0 August I
March 0 September I
April 1 October I
May I November 0
June 2 December 0
4.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a
depth of one inch. All edging shall be performed concurrently with mowing at each
site/section. A String trimmer or curb dresser may not be used for these tasks.
;W 1
31
INDEX 8
SPECIFICATIONS
4.3.1 Street curb and drainage channel edging shall be accomplished concurrently with
mowing operations and all debris from this activity shall be removed the same
day that the task is performed. Curb dressers may be used for this task.
4.4 Trimming: All string trimming must be done to achieve a height uniform with the
mowing height. Maintenance of drains and exposed playa lake shorelines due to
evaporation or receding of the lake shall be the Contractor's responsibility. Trimming
must be performed around trees, plant beds, buildings, playground equipment, signs,
fences, and any other plants or structures. All play surfaces, streets, street medians,
parking lots, and parking areas must be kept free of grass, weeds and debris. This task
must be completed the same day the mowing is performed at each site/section.
5.0 Class B Broadway Streetscapes, Class C Southwest Loop Turnarounds & Class E Right -of -
Way Maintenance Standards
5B.1 General: Please note that Class B, C & E Standards- consists of the Broadway
Streetscapes, Southwest Loop Turnarounds and Class E Hard Surfaced Medians
and their adjacent Right -of -Way areas. The Unit pricing forms included for this
Classification contain Unit pricing requests for the purpose of evaluating yearly site
costs and the cost of maintenance frequency adjustments required by environmental
factors or other conditions. Successful Contractor must commence Work within ten
(10) days receipt of Notice To Proceed. The decision to end or suspend temporarily the
maintenance season shall be made by the Owner's Representative or Agent(s). The
Contractor shall be notified of the Owner's decision by letter.
5B 2.1 Class B-5: Broadway Streetscape Maintenance Standards,
5B 2.1.1 The areas to be serviced for each site include all right of ways adjoining the
site and to the centerline of all alleys adjoining the site. Contractor is
responsible for safe and careful operation of mowing equipment around plant
material and structures to prevent damage and to prevent clippings from
contaminating plant beds.
5B 2.1.2 Service areas are located from Broadway & University Avenue through
Broadway & Martin Luther King Boulevard. The areas include curbed and
non -curbed right-of-way on either side of roadways, hard surfaced and
landscaped medians, landscape islands, city utility sites such as traffic control
devices, signs, and electric poles, visibility triangles at intersections, and
excess right-of-way of variable width.
5B 2.1.3 Curbed areas with adjacent sidewalks shall be maintained through the sidewalk
street -ward to a point two feet from back of curb and ending six (6) inches
from lip of gutter. Median and Traffic Islands shall be maintained in their
entirety including maintenance street -ward to either side from a point two feet
from back of curb or to the edge of roadway on non -curbed medians or traffic
islands. Non -curbed streets shall be maintained from the roadway to the
centerline of the drainage channel. Maintenance at intersections shall include a
visibility triangle extending thirty-foot from either side of the mid -point of the
curb's radius.
32
I
INDEX 8
SPECIFICATIONS
schedule t the Parks Department
SB 2.1.4 Contractor shall provide a maintenance s hed e o p
within ten (10) days from Notice To Proceed and will notify the Owner's
Representative or Agent(s) of any changes in the schedule prior to the schedule
change.
513 2.2 Mowing: Mowing commencement and conclusion shall be at the discretion of
the Owner's Representative or Agent(s). Mowing frequency and height shall
be determined by turf growth and shall occur up to once every seven- (7) days
evenly spaced between Cycles. Mowing equipment shall be a reel mower or
turf type full flotation rotary/recycler mowers equipped with all turf tires and
shall be approved by the Owner's Representative or Agent(s).
513 2.2.2 Clippings shall not be bagged on both the north and south sides starting on
1.
Broadway& University Avenue throw Broadway & Martin Luther Kin
h' >� Y 8
Boulevard.
{
513 2 2.3 The right-of-way boundaries, such as Avenue Q to Texas Avenue on both sides
of Broadway, will be from the buildings street -ward to back of curb and ending
six (6) inches beyond lip of gutter. The only exception will be the North side
from Avenue N to Avenue O. This area is excluded from any maintenance.
-,
513 2.2.4 The maintenance boundaries from Avenue L to Avenue M will be from the
light poles street -ward to back of curb and ending six (6) beyond lip of gutter.
5B 2.2.5 The maintenance boundaries from Avenue J to Avenue L will be from the
buildings street -ward to back of curb and ending six (6) inches beyond lip of
gutter.
5B 2.2.6 The maintenance boundary on the North side from Texas & Broadway to
Avenue G & Broadway will be from the edge of the parking lot street -ward to
back of curb and ending six (6) inches beyond lip of gutter.
5B 2.2.7 The right-of-way boundaries from Avenue G to Avenue E will be from the
buildings street -ward to back of curb and ending six (6) inches beyond lip of
gutter.
5B 2.2.8 The right-of-way boundaries from Ave. D to Ave. A (top section) include the
area from the utility poles to the rails on both sides as well as from the building
on the northwest comer of Broadway & Avenue A street -ward to the curb. The
underpass shall have weed and litter control on the North, South, and middle
areas as well.
513 21.9 The right-of-way boundaries from Avenue A & Broadway to the furthest East
entrance of the South Plains Fairgrounds will be through the sidewalk street -
ward to back of curb, and ending six (6) inches beyond lip of gutter.
5132.2.10 The right-of-way boundaries from Date Avenue to Nutmeg Avenue include
areas on the north side of Broadway through the sidewalk street -ward to a
point six (6) inches beyond lip of gutter. The south side right-of-way
boundary area includes the area from the utility poles street -ward to back of
curb and ending six (6) inches beyond lip of gutter.
INDEX 8
SPECIFICATIONS
5B 2.2.11 The right-of-way boundaries from Broadway & Nutmeg through Broadway &
Martin Luther King Boulevard include the area from the utility poles street -
ward to the curb.
5B 2.2.12 The right-of-way boundary on the north side between Oak Avenue and
Nutmeg Avenue shall be from the building and or chain link fence street -ward
to back of curb and ending six (6) inches beyond lip of gutter.
5B 2.2.13 The right-of-way boundary on the north side between Oak Avenue and MLK
Avenue shall be from the utility poles street -ward to back of curb and ending
six (6) inches beyond lip of gutter.
5B 2.2.14 All hardscapes shall be cleaned after each service. The mowers shall leave no
clumps or windrows of grass. Mowing equipment shall be reel mowers or turf
type full flotation rotary mowers and shall be approved by the Owner's
Representative or Agent(s). "
58 2.3 Edging: All sidewalks and curbed plant material beds shall be edged to a depth necessary
to achieve appropriate results. All edging shall be performed concurrently with mowing
at each site. String trimmer or curb dresser may not be used for these tasks. Chemical
edging is not permitted on Class B-5 right-of-way properties.
B5 2.3.1 Street curb and drainage channel edging shall be accomplished concurrently with
mowing operations and all debris from this activity shall be removed the same
day that the task is performed Curb dressers may be used for this task.
5B 2.4 Trimming: All string trimming must be done to achieve a height uniform with the
mowing height. Trimming must be performed around trees, plant beds, buildings, signs,
fences, and any other plants or structures. All play surfaces, hard surfaces, sidewalks,
streets, street medians, parking areas, and parking lots must be kept free of grass, weeds
and debris. This task must be completed the same day the mowing is performed.
5B 2.5 Litter & Debris: All Litter and other types of Debris such as motor vehicle parts, rocks,
gravel, and dirt, shall be removed by the Contractor. Litter and Debris removal shall be
performed concurrently with other maintenance operations. Hard Surfaced Medians shall
be swept and as well as Street Curb areas.
B5 2.5.1 Disposal: Contractor shall be responsible for the disposal of Litter and Debris
from the areas maintained Disposal shall be accomplished by delivery to the
City of Lubbock Landfill or by placement in dumpsters belonging to the
Contractor. No Litter or Debris shall be disposed of in residential dumpsters
or of those belonging to Commercial Businesses.
5B 2.6 Maintenance Frequency: Mowing frequency and height shall be determined by turf
growth and may occur up to once every seven (7) days, evenly spaced between Cycles.
Maintenance activities performed shall include, as necessary, mowing, edging,
trimming, complete plant material removal from hardscaped areas, litter, and
debris removal.
34
r
0
INDEX 8
SPECIFICATIONS
5B 2.6.1 TENTATIVE MOWING FREQUENCIES:
January
0
July 4
February
0
August 5
March
1
September 4
April
2
October 1
May
4
November 0
June
4
December 0
5.1.1 The areas to be serviced for the Southwest Loop Turnarounds include all. right of way, hard
surface(s) and pavers adjoining the site. The only exceptions to hard surface maintenance are the
drainage channels. Edging of these channels is the only requirement. The vertical hard surface
slope areas include the red cement from the top of the Loop 289 guardrails down to where it meets
vegetation, concrete curbing, or non -sloped hard surfaces. The horizontal red cement slope
boundaries begin underneath Loop 289 and extend to the end of the red cement that will occur on
the Loop's access roads. The only exception to the red cement horizontal slope boundaries will be
on the Northeast and Southeast Quadrants of Quaker Avenue and Southwest_ Quadrant .on Slide.
Road. The ending slope boundaries on the Quaker Quadrants will be even with the trees planted
on the slopes instead of the end of the red cement: The ending slope boundary on the Southwest
Slide Quadrant will be the western -most landscaped flower bed. All paver hard surfaces,
sidewalks, and street medians must be kept free of grass, weeds and debris. The Contractor is
responsible for safe and careful operation of mowing equipment around plant material and
structures to prevent damage and to prevent clippings from contaminating plant beds.
5.1.2 Contractor shall provide a maintenance schedule to the Parks Department within fifteen (15)
days from the date of Award of Contract and will notify the Owner's Representative or
Agent(s) of any changes in the schedule prior to the schedule change.
5.2 Mowing of Flat or Irrigated Turf: Mowing commencement and conclusion shall be at the
discretion of the Owner's Representative or Agent(s). Mowing frequency shall be
determined by turf growth and occur no more than once every ten- (10) days evenly spaced
between Cycles. Turf shall be cut at a height of 2", and will increase to 2'/2" at the discretion
of the Owner's Representative or Agent(s) and last through the remainder of the season.
Clippings shall not be bagged and all hard-scapes shall be cleaned after each service. The
mowers shall leave no clumps or windrows of grass. Mowing equipment shall be reel
mowers or turf type full flotation rotary mower equipped with all turf tires and shall be
approved by the Owner's Representative or Agent(s).
5.3 Mowing of Slopes: Mowing commencement and conclusion shall be at the discretion of the
Owner's Representative or Agent(s). Mowing frequency shall be determined by turf growth
and occur no more than every ten- (10) days evenly spaced between Cycles. Vegetation shall
be cut at a height of 4" - 7", and may increase at the discretion of the Owner's Representative
and Agent(s) and last through the remainder of the season. Clippings shall not be bagged and
all hardscapes shall be cleaned after each service. The mowers shall leave no clumps or
windrows of vegetation. Mowing equipment shall be turf type full flotation rotary mower
and shall be equipped with all turf tires or industrial tires and approved by the Owner's
Representative or Agent(s).
35
i_
INDEX 8
SPECIFICATIONS
5.3.1 TENTATIVE MOWING FREQUENCIES:
January 0 July 2
February 0 August 3
March 1 September 2
April 2 October 1
May 3 November 0
June 3 December 0
5.4 Edging: All sidewalks and curbed plant material beds shall be edged to a depth of one inch
exposing where the grass meets the surface area being edged, and all non curbed plant beds
shall be edged to a depth necessary to achieve appropriate results. All edging shall be
performed concurrently with mowing at each site. A curb dresser may not be used for these
tasks. Chemical edging is not permitted on Class C Southwest Loop Turnarounds.
5.4.1 Street curb and drainage channel edging shall be accomplished concurrently with
mowing operations and all debris from this activity shall be removed the same
day that the task is performed. Curb" dressers may be used for this task
5.5 Trimming: All string trimming must be done to achieve a height uniform with the specified
mowing height. Trimming must be performed around trees, plant beds, guardrails, signs,
pillars, and any other plants or structures. All vertical and horizontal slope hard surfaces,
stamped pavers, sidewalks, and streets, must be kept free of grass, weeds and debris. This
' task must be completed the same day the mowing is performed.
5.6 Litter & Debris: the Contractor shall remove all Litter and other types of Debris such as
rocks, gravel, and dirt. Hard Surfaced Medians shall be swept as well as Street Curb areas.
Litter and Debris removal shall be performed concurrently with other maintenance
operations.
5.7 Disposal: The Contractor shall be responsible for the disposal of Litter and Debris from the
areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock
Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris
1. shall be disposed of in residential and/or commercial dumpsters.
6.0 Right -of -Way Maintenance:
6.1 Service areas are selected right-of-way locations located throughout the City.
The areas include curbed and non -curbed right-of-way on either side of
roadways, hard surfaced and landscaped medians, city utility sites such as traffic
control devices, signs, and electric poles, visibility triangles at intersections, and
excess right-of-way of variable width.
6.1.2 Curbed areas with adjacent sidewalks shall be maintained from the sidewalk
street -ward from back of curb and ending six (6) inches beyond lip of gutter.
Median and Traffic Islands shall be maintained in their entirety including
maintenance street -ward to either side from a point two feet from back of curb or
to the edge of roadway on non -curbed medians or traffic islands. Non -curbed
streets shall be maintained from the roadway to the centerline of the drainage
channel. Maintenance at intersections shall include a visibility triangle extending
thirty-foot from either side of the mid -point of the curb's radius.
36
i..
INDEX 8
SPECIFICATIONS
r
6.1.3 Contractor shall provide a maintenance schedule to the Parks Department within
fifteen (15) days from the date of Award of Contract and will notify the Owner's
Representative or Agent(s) of any changes in the schedule prior to the schedule
change.
6.1.4 Maintenance Frequency: Maintenance shall be performed, at regularly
scheduled intervals, once a month, or on an as needed basis as deemed necessary
by the Owner's Representative or Agent(s) at each site. Maintenance activities
performed shall include, as necessary, mowing, edging, trimming, complete
plant material removal from hardscape areas, litter, and debris removal.
6.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the
Owner's Representative or Agent(s). Mowing frequency and height shall be determined
by turf growth and shall occur once every twenty-five (25) days evenly spaced between
Cycles or as determined by the Owner's Representative or Agent(s). The Owner's
Representative or Agent(s) will notify the Contractor as needed to perform mowing
11 services. Maintenance shall include trimming around all objects and elimination- of
growth on any hard surface including adjacent public roadways. The mowers shall leave
no clumps or windrows of grass. Mowing equipment shall be determined by site
conditions and shall be equipped with all turf tires or industrial tires and approved by the
Owner's Representative or Agent.
6.2.1 TENTATIVE MAINTENANCE FREQUENCIES:
January
0 July I
February
0 August 1
March
1 September 1
April
1 October 1
May
1 November 0
June
1 December 0
63 Trimming: All string trimming must be done to achieve a height uniform with the mowing
height. Trimming must be performed around trees, plant beds, buildings, signs, fences,
and any other plants or structures. All surfaces, streets street medians, and parking areas
must be kept free of grass, weeds and debris. This task must be completed the same
day the mowing is performed.
6.4 Edging: Sidewalks alongside turf areas shall be edged to a depth of one inch. All edging
shall be performed concurrently with mowing at each site. A String trimmer or curb
dresser may not be used for this task. Street curb and drainage channel edging shall be
performed concurrently once per month, and all debris from this activity shall be
removed the same day that the task is performed. Curb dressers, Edgers, or String
Trimmers may be used for this task.
6.5 Litter & Debris: All litter and other types of debris such as motor vehicle parts, rocks,
gravel, and dirt, shall be removed by the Contractor. Hard surfaced medians shall be
swept and as well as street curb areas. Litter and debris removal shall be performed
concurrently with other maintenance operations.
6.6 Disposal: Contractor shall be responsible for the disposal of litter and debris from the
areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock
37
INDEX 8
SPECIFICATIONS
Landfill or by placement in dumpsters belonging to the Contractor. No litter or debris
shall be disposed of in residential and/or commercial dumpsters.
7.0 Cemetery Maintenance Standards — Class B parkland maintenance standards apply to the City
Cemetery except for the specific standards outlined in this section (Section 7.0). To the extent of any
conflict, the provisions of this Section 7 shall control.
7.1 General
7.1.1 Mowing, edging, and trimming of Cemetery property shall be performed during a
concurrent three-day time period (or less), unless the Cemetery Supervisor or his Agent
approves a schedule change.
7.1.2 Cemetery mowing contract will consist of 25 maintenance Cycles.
7.13"" The "areas of the Cemetery property to be serviced includes all rights of way adjoining the
site and to the centerline of all alleys adjoining the property and extending a minimum of
six (6) inches from the lip of the gutter of all streets with curb and gutter.
7.14 Contractor is responsible for safe and careful operation of mowing equipment around
headstones, footstones, memorials, monuments, cemetery markers, facilities, funeral set-
ups, and all public art.
7.15 Contractor is responsible for preventing clippings from contaminating plant beds or
providing an unsightly appearance around the Cemetery Office.
7.2 Mowing:
7.2.1 Mowing commencement and conclusion shall be at the discretion of the Cemetery
Supervisor or his Agent.
7.2.2 Mowing height shall be determined by turf growth, but may be adjusted as necessary at
the discretion of the Cemetery Supervisor. Height shall be adjusted for final freeze cut at
the discretion of - the Cemetery Supervisor or his Agent.
7.2.3 Clippings shall not be bagged and all hardscapes shall be cleaned after each Cycle.
Mowers shall leave no clumps or windrows of grass.
7.2.4 Mowing equipment shall be reel mowers or turf type full flotation rotary mowers and
shall be approved by the Cemetery Supervisor or his Agent.
7.3 Edging
7.3.1 Cremation garden, sidewalks, and curbed plant material beds shall be edged to a depth of
one inch.
7.3.2 All edging shall be performed concurrently with mowing on Cemetery property.
7.3.3 String trimmer or curb dressing may not be used for these tasks. Chemical edging is not
permitted.
38
INDEX 8
SPECIFICATIONS
7.3.4 Street curb edging shall be accomplished concurrently with mowing operations and all
debris from this activity shall be removed the same day that the task is performed. Curb
dressers may not be used for this task.
7.4 Trimming
7.4.1 All string trimming must be done to achieve a height uniform with the mowing height.
7.4.2 Trimming must be performed around monuments (both flat and upright), plaques, trees,
plant buds, buildings, signs, fences, and any other plants or structures. All hard surfaces,
sidewalks, streets and parking areas must be kept &ee of grass, weeds and debris. This
task must be completed the same day as the mowing is performed.
7.4.3 Except as provided herein, Contractor will string trim half of the Cemetery property each
Cycle. The opposite half of the property shall be trimmed during the next mowing Cycle.
The entire Cemetery property shall be trimmed on the initial Cycle of the spring growing
season, as well as the week prior to the following occurrences: Easter Sunday, Memorial
Day, Mother's Day, Father's Day, July 4'", Labor Day and the final freeze cut of the
mowing season.
7.4.4 Contractor will string trim the Cemetery Office and the areas between the office and the
bordering monuments each mowing Cycle. Contractor will string trim the entire
Cremation Garden area each mowing Cycle. Contractor will string trim the entire area of
Block 47 Baby Land each mowing Cycle.
7.5 Control of Work:
7.5.1 Funeral Services and Funeral Processions: The Contractor shall schedule and perform
Work to enhance public use, ensure the safety of visitors to the Cemetery, and to restrict
conflict, interference, or inconveniencing a funeral services or a funeral processions on
the Cemetery property. Upon request, the Cemetery will provide the Contractor with the
locations and times of pending funeral services 24 hours in advance of their occurrence.
7.5.2 Citizen Contact: The Contractor is granted the privilege of doing Work on Cemetery
property, but does not have exclusive use of the property. The Contractor shall take all
precautions that his maintenance activities do not disturb funeral services or those visiting
the Cemetery. Citizen contact with those involved with funeral services as well as with
visitors to the Cemetery requires sensitivity and understanding. Contractor employees
and agents should be aware of the location of the Cemetery office, and should politely
instruct all citizens to direct inquiries there.
39
01
TURF MAINTENANCE GROUPS
GROUP 1,
CLASS A PARKS AND PROPERTIES:
UNIT
ADDRESS
APPROX
ACREAGE
ANNUAL
MAINT
CYCLES
+rrxo.XI;NATE
umm
MAIINT.
CYCLE
UNIT COST
EXTENDED
COST
A -REELED BAGGED
GATEWAY PLAZA
BROADWAY & AVE Q
0.50
29
EA
$
S
WALK OF FAME PLAZA
8TH & AVE Q
0.25
29
EA
S
S
GARDEN & ARTS TEA
44"' & UNIVERSITY
0.25
29
EA
$
S
NON -BAGGED PROPERTIES:
MILWAUKEE MEDIANS
MILWAUKEE &
BROWNFIELD
HIGHWAY TO SPUR 327
0.50
29
EA
$
S
MLK AVENUE MEDIANS
MLK, 2200-2300 BLOCK
0.50
29
EA
$
S
INDIANA MEDIANS
INDIANA IM - 34TH
0.80
29
EA
$
S
UNIVERSITY MEDIANS
UNIVERSITY
(MAIN ST TO 19TH)
1.0
29
EA
S
S
UNIVERSITY MEDIANS
UNIVERSITY
(19" TO 34TH)
3.0
29
EA
$
$
UNIVERSITY MEDIANS
UNIVERSITY
(34"' TO 50TH)
2.0
29
EA
S
$
GROVES LIBRARY
5520 19TH
1.85
29
EA
S
S
BROADWAY MEDIANS
BROADWAY & Q
AND BROADWAY &
MLK
0.25
29
EA
S
S
MACKENZIE PARK
AMPHITHETER
423 EAST BROADWAY
1.95
29
EA
$
S
UNIVERSITY CORNER
l4n & UNIVERSITY
0.50
29
EA
$
$
WALK OF FAME FOUNTAIN T
STH & AVE Q
1.22
29
EA
S
S
GROUP 1 CLASS A TOTALS
14X
S
ti
n
INDEX 9
TURF MAINTENANCE GROUPS
GROUP 1,
CLASS B PARKS AND PROPERTIES:
UNIT
ADDRESS
APPROX
ANNUAL
U/M
MAINT.
EXTENDED
ACREAGE
MAINT
CYCLE
COST
CYCLES
UNIT COST
APi1lOX�MA7'L
CLASS B-ROTARY BAGGED
CLAPP SWIMMING POOL
456 AVE. U
0.25
25
EA
S
S
CLASS B- ROTARY
NON -BAGGED
N. MACKENZIE CONNIE MACK
HARDBALL FIELD (INCLUDING
MUNICIPAL
IN BETWEEN FIELDS)
& PARK RD 18
1.9
25
EA
S
S
N. MACKENZIE FAST PITCH
BASEBALL FIELDS
(INCLUDING IN-BETWEEN
FIELM
MUNICIPAL__
& PARK RD 18
4.2
25
EA
$
S
N. MACKENZIE SOFTBALL
FIELDS 5, 6, & 7, (INCLUDING
MUNICIPAL
IN BETWEEN FIELDS)
& PARK RD 18
5.6
25
EA
S
S
HELEN HODGES PARK &
MARSHALL &
BASEBALL FIELDS
UNIVERSITY
13.1
25
EA
$
$
HAMILTON PARK &
SOFTBALL FIELD
22ND & AVE X
6.6
25
EA
$
$
STUBBS PARK &
SOFTBALL FIELDS
36TH & AVE N
8.0
25
EA
S
$
HOOD PARK & SOFTBALL
FIELDS
23RD & AVE Q
11.66
25
EA
S
$
BERL HUFFMAN (SOFTBALL
N. LOOP 289
FIELDS ONLY)
AND LANDMARK
10.0
25
EA
S
$
LEWIS PARK & LITTLE LEAGUE
IS
BASEBALL FIELDS
54TH & AVE J
8.4
25
EA
S
MCALLISTER B.B.
56TH & FRANKFORD
5.4
25
EA
$
$
MAXEY (BAGGING
SWIMMING POOL)
30TH & NASHVILLE
70.89
25
EA
$
$
BROWNFIELD &
CAVAZOS BASEBALL FIELDS
SPUR 327
7.0
25
EA
$
$
MLK LITTLE LEAGUE FIELD
24TH & MLK
2.0
25
EA
S
$
AVE X TRIANGLE
16TH & AVE X
0.3
25
EA
S
S
TECH TERRACE
23RD & FLINT
18.0
25
EA
S
S
RIBBLE
62ND & TEMPLE
18.02
25
EA
$
$
MLK LITTLE LEAGUE
COMPLEX
E 19'-H & ASPEN AVE
8.6
25
EA
S
S
RODGERS (BAGGING
SWIMMING POOL)
3200 BATES
8.55
25
EA
S
$
GROUP 1 CLASS B TOTALS
20&47
S
2
11
■
INDEX 9
TURF MAINTENANCE GROUPS
GROUP 1,
CLASS C PARKS AND PROPERTIES:
UNIT
ADDRESS
APPROX
ACREAGE
ANNUAL
MAFNT
CYCLES
(APPROM"TE)
V/m
MAINT.
CYCLE
UNIT COST
EXTENDED
COST
QUINCY MEDIANS
82ND & QUI[NCY
(82ND-96TH)
93RD & Pontiac to 96TH
5.62
17
EA
$
s
LIBRARY
1836 PARKWAY DR.
4.85
17
EA
1$
$
-PATTERSON
REMINGTON
74TH & ALBANY
14.96
17
EA
IS
$
69TH & SLIDE
69TH & SLIDE
1.93
17
EA
$
$
N. AVE Q STRIP
N. AVE. Q DR
& N. AVE, P
0.25
17
EA
$
$
GUADALUPE ENTRANCE
IST&AVE. J
0.25
17
EA
. $
$
GUADALUPE
2ND & AVE P
3.66
17
EA
1$
$
WOODS
(Iock&ding swhundu poW)
ERSKINE & ZENITH
11.7
17
EA
$
GUADALUPE STRIP
IST&AVE O
4.14
17
EA
S
CARTER
N. GLOBE & N. LOOP 289
3.3
17
EA
$
$
SIMS, GLADYS
MARLBORO & KING
4.96
17
EA
S
$
REAGAN, NAOMI
COLGATE ST. & OLIVE
AVE.
4.48
17
EA
$
$
HOLLINS
I ST & VERNON
6.4
17
EA
$
s
DAVIES
N. AVE N & CLEMSON
6.0
17
EA
$
$
CANYON RIM
BATES & AVE K
2.9
17
EA
$
$
SEDBERRY
E. I OTH &GUAVA
5.0
17
EA
$
$
BUTLER
E. 4TH & ZENITH
6.0
17
EA
$
$
McCRUMMEN
19TH & AVE T
2.20
17
EA
$
$
CHATMAN HILL ENTRANCE
23RD& AVE A
0.25
17
EA
.$
$
LUSK
E. 25TH & OAK
7.69
17
EA
1$
s
WASHINGTON
E. 22ND & CEDAR
15
17
EA 1$
$
CARLISLE
28TH & AVE X
4.5
17
EA
$
$
OVERTON
14TH & AVE U
2,0
17
EA
$
$
ROY PURR PIONEER
6TH & AVE T
41
17
EA
S
$
CHATMAN
E. 29TH & JUNIPER
10
17
EA
RAWLINGS
40TH & AVE B
2.5
17
EA
BURNS
23RD AND AVE K
3.0
17
EA
$
BERRY
36TH & CEDAR
9.1
17
EA
$
$
WAGNER
26TH & ELGIN
9.0
17
EA
S is
3
INDEX 9
TURF MAINTENANCE GROUPS
UNIT
ADDRESS
APPROX
ACREAGE
ANNUAL
MAINT
CYCLES
APMOX MATE
U/M
MAINT.
CYCLE
UNIT COST
EXTENDED
COST
AUDITORIUM -COLISEUM
4TH & BOSTON
5.0
17
EA
S
S
HINOJOSA
7336 22ND
3.0
17
EA
$
$
CARLISLE CEMETERY
7308 19TH
1.1
17
EA
S
$
SMITH
15TH & CHICAGO
4.3
17
EA
S
$
LOPEZ, RICHARD
AUBURN & CHICAGO
T91
17
EA
$
$
COOKE, ALEX & VERNA
18TH & KIRBY
7.01
17
EA
S
$
DURAN, DR. ARMANDO
26TH & KEWANEE
8.37
17
EA
$
$
STRONG, JACK & MARY NELL
81ST & AVE. U
7.75
17
EA
S
$
UNDERWOOD _ _ .
74TH & CEDAR
7.70
I7
EA _
S
s
DAVIS
40TH & NASHVILLE
8.5
17
EA
$
$
WHEELOCK
40TH & ELGIN
2.0
17
EA
$
$
BROWNFIELD TRIANGLE
SLIDE & BROWNFIELD
0.3
17
EA
$
$
WHISPERWOOD
4TH & WHISPERWOOD
5.0
17
EA
S
$
BUDDY HOLLY REC AREA
N. UNIVERSITY &
CANYON LAKE RD.
5.0
17
EA
$
S
FIESTA PLAZA
911 N. UNIVERSITY
12.0
17
EA
$
$
MAEDGEN
1ST & BOSTON
4.51
17
EA
$
$
DEPROIT AVE. STRIP
CLOVIS HWY. TO 2ND
PLACE
1.1
17
EA
S
$
RCA (DEVELOOPED)
15TH & INLER
3.01
17
EA
$
$
RATLIFF
50TH & CHICAGO
6.26
17
EA
$
$
HOEL
84TH & CHICAGO
11.33
17
EA
$
S
NEUGEBAUER
83RD & GARDENER
3.3
17
EA
$
$
LAKEWOOD
100TH & HOMESTEAD
8.8
17
EA
$
$
CASEY
66TH & AVE W
8.1
17
EA
S
$
CROW
91ST & BELTON
10.17
17
EA
$
$
ANIMAL SHELTER
401 N. ASH
1.0
17
EA
$
$
GROUP I CLASS C TOTALS
279.86
$
TOTAL
GROUP 1— CLASS AB C
502.90
s
4
INDEX 9
TURF MAINTENANCE GROUPS
GROUP 2,
CLASS C PARKS AND PROPERTIES:
UNIT
ADDRESS
APPROX
ACREAGE
ANNUAL
MAINT
CYCLES
APPROXIMATE
U/M
MAINT.
CYCLE
UNIT COST
EXTENDED
COST
AZTLAN
1ST & AVE. K
28.0
17
EA
$
S
ANDREWS
76TH & MEMPHIS
35.5
17
EA
S
$
CLAPP(EXCLUDING HODGES
BASEBALL FIELD &
SWIA10bH4G POOL)
46TH &AVE U
102.95
17
EA
$
$
DUPREE
58TH & TOLEDO
32.56
17
EA
$
S
ELMORE
66TH & QUAKER
43.13
17
EA
$
$
HUNEKE
82ND & NASHVILLE _ _
_ 15.54 _-
_ 17 _
- EA
S
$
KASTMAN
JOLIET & LOOP 289
14.45
17
EA
S
S
GUY
87fH & MEMPHIS
20.3
17
EA
$
$
HIGGINBOTHAM
19TH & VICKSBURG
23.42
17
EA
$
$
BERL HUFFMAN ATHLETIC
COMPLEX (EXCLUDING BALL
FIELDS
N. LOOP 289 &
LANDMARK DR.
104.0
17
EA
$
S
CIVIC CENTER-MAHON
LIBRARY
9TH & AVE P
15.0
17
EA
S
S
SOUTH PARKING LOT
9TH & AVE K
.25
17
EA
S
$
GAZEBO
9TH & AVE K
.25
17
EA
$
$
AVE O MEDIAN
AVE O, 6TH TO IOTH
.5
17
EA
S
$
JENNINGS
73RD & WAYNE
34.58
17
EA
$
$
LEFTWICH
60TH & ELGIN
46.23
17
EA
S
S
TENNIS CENTER
66TH & GARY
13.4
17
EA
S
$
LONG
56TH & ABERDEEN
21.10
17
EA
S
$
MACKENZIE PARK
301 1-27
248
17
EA
$
$
MACKENZIFIAZTLAN
CORRIDOR
BENEATH 1-27 &
CANYON LAKD RD.
3.5
17
EA
$
$
MAHON
29TH & CHICAGO
15.10
17
EA
$
S
MCCULLOUGH
89TH & FLINT
23.33
17
EA
$
$
MILLER
MEMPHIS & S. LOOP 299
31.43
17
EA
$
S
MAE SIMMONS (EXCLUDING
BASEBALL FIELD/INCLUDING
SWIMMING POOL)
E. 23RD & OAK
99.3
17
EA
$
$
STEVENS
75TH & SLIDE
16.66
17
EA
$
S
GROUP 2 CLASS C TOTALS
"7.,W
S
5
;%%iDEX- 9
MAINTENANCE GROUPS
GROUP &
C"M D PARIM AND PROPEW11M
umr
AM111111111111
ANN=
ACIk1"K
AWML
nmr
Cycim
agloom-KAM
UM
MAUM
CYCLIC
umrCoSr
can
CANYON LAXES = =3WT
r-4NYUKLMMID
32 0 0
OR, ob
8M)M1M UMMY1ARFA
&XLCW289
2W
9
HA
S
s
RAVELU&ERSKMTO
KAVILQCINMW
X1 D"
CokMrVMLAME 3
sm
12111A
9
FA
5 -2"o
S
CANVCPIR LAKE UMEM.OrM
(49ACRM WESK 911FV1240MR1.
KSMADWAYA
650
CNM
CADOWLAMM
9
HA
S
s
31100
CAW"LAIM45
CANVMLAMM
215.1
9
m
s
s.50,6vo
CANYMLAMUNDRYMMM
PEAVIELPTIDIM
12OLO
9
1111A
s / qTo
s
BROADWAY&K
CANTEINLAKE
FMANIZAHMON
90111KHMACKENZI8
"ORMANAWMEOF
2.2 so
UKA=P-M
CARMLMM
17.3
9
EAIs
o
s
AWAVLSTW
1923"&AM
2.0
9
E&
s O O
$3 400
RAMCDKIMXAMP=
on-MMMUMMARM
IM&DINUENK.
6.99
9
HA
s
3 3 fl)
AVELAMMM
3CM103UN
lit
9
RA
3
ClAINSIMANGLE
UNWERSITY& Cat OVIS
Q2
9
E&
l jo 0
s D 0
MACKENZ11112MRACE
]EIVAIWAIMAY&DAM
2.60
9
EA
-S
s
CANYONLAIKEUNIEVELMM
ELBROAXPWAYTOIL
550
(ANDREWSBURM114%
19MVIMOVIAM
31.0
9
E&
s
CANVMXA=UMWffV1BlA3lW
AMSMAMMMINGIF
El"11101LUMSE
"A ARM?
Wma CIFLAM
"M
9
FA
S
munaposm
4=&2ZN=
L"
9
m
is
s
VARM&CITNESS
VABW&CTFRM
03
9
HA
s
7x--
71M&ASH
?XMAASR
13.0
9
FA
S 0
s SCO
SOUMEAS17DIR.
M20TOCOVAIMADOST.
ix
9
INA
S
s *00
KMACKORM&
/900
PKABUE DOG 11OWIM
GOLF
9
FA IS
S
RMKEANNU
MMAT9111LIB
32
9
EA
s 2-Q v
s / fo o
AMS131100DAMM
WMAAVWQ
12
9
EA
-S b
S do 0
Wall OF25M UTICA.
Llov
3 boa
IRMNURSELY
INALLEY
14LS
9
EA
S
s
6
7
r
INDEX 9
TURF MAINTENANCE GROUPS
WEST Wm
1ST &FRANXFM
11.0
9
EA
S
BoammWEST
COLGATE &
FRANXFOFM
4.3
9
BA
S G
-s
UNIT
ABERESS
AVrWK
ACORUM
ANNUAL
NAM
CYCLU
um
m4mr.
C!VcLx
umrcOffr
xs3xmm
cosr
LAM
MUMMALDR. &EM
10.0
9
FA
S
MCAIMIERC003MUMBALL.
FIELDS
MLWAIKEE&
BROW24UMBW.
M6
9
FA
S
lip, 64P 0
H040MA, UNDEVEMED
AREA
733622ND
6.0
9
FA
5
MUNKWALDRIVE &ASH
CORNER
MUNWIPAL DR. A ASH
4.0
9
EA
$
$ -5 0
M
CLOPMADIRIANGM
CLOVI&CINAVIELLIRMS
0.2.
EA
S
S 475—
COR.ONADO
COROMADO
JUNV= DR.&
25.0
9
EA
$
IS
s 9,700
1-27ANNIOX
14TH&B
1.57
9
EA
D b
s j2p
CANYON LABS UNDEVELOPED
PARKWAY DL 70
EASTWMADWAY
133-0
9
2A
S
S /?900
LP&LPARKINGL(Yr
MUPAWAL
MACKENMB.BDIL& 6
132
9
EA
S
5 foo
REAGAN ANNEX
CoLrATE&OLIVE
SA
9
EA
3 ZOO
S /,g LOL9
TENNIS CENTER ANNEX
66TH & ElAW
5.72
9
EA
$
S
ANDdAL SHELTER
401 A ASH
149
9
EA
S
S
YOUTHSFORTSCOLVEEK
UNDEVEILOMD-BLOCKI
1585&MILWAUKM
2&5
9
EA
S Q D
3 6 O
YOUTH SPORTS MAPLEX
UNDEVELOPED-BLOCK2
M&MMWALiKEE
10.0
9
E&
$ J
s /3570
YOU TUSPOWScolam
UW6MOM-BLOCK3
M & MILWAIRM
10.0
9
EA
S
S /390
YOUTH SPORTS cc*Aptjix
UNDEVELDPED-BLOCAL4
1585 & MELVAUKEE
7.0
9
EA
I
S Q
S ?0(9
GROUP3 CLASS blOrALS I
lomis I
DO
s 2.m ZA-04P
INDEX 9
TURF MAINTENANCE GROUPS
GROUP4
CLASS B - BROADWAY STREETSCAPES
UNIT
ADDRESS
APPROX
ANNUAL
11IM
MAINT.
EXTENDED
AREA
MAINT
CYCLE
COST
CYCLES
UNIT COST
AFMOMMATE
UNIVERSITY &
BROADWAY TO
BROADWAY STREETSCAPE
BROADWAY & MLK
NON -BAGGED
BLVD.
2.7 MILES
25
EA
$
$
GROUP 4 CLASS B TOTALS
2.7 MILES
S
INDEX 9
TURF MAINTENANCE GROUPS
GROUP4
CLASS C - S.W.LOOP TURNAROUNDS
UNI
ADDRESS
APPROX
ANNUAL
U/M
MAINT.
EXTENDED
ACREAGE
MAINT
CYCLE
COST
CYCLES
UNIT COST
"PROXIMATE
UNIVERSITY / SOUTHEAST
S. LOOP 289 &
QUADRANT
UNIVERSITY
1.95
17
EA
$
S
UNIVERSITY / SOUTHWEST
S. LOOP 289 &
QUADRANT
UNIVERSITY
0.64
17
EA
$
$
UNIVERSITY/ NORTHWEST
S. LOOP 289 &
QUADRANT
UNIVERSITY
1.53
17
EA
S
$
UNIVERSITY/ NORTHEAST
S. LOOP 289 &
QUADRANT
UNIVERSITY
1.32
17
EA
$
$
INDIANA / SOUTHEAST.
_S.LOOP 289 &
UADRANT
INDIANA
IA2
17
EA
$
$
INDIANA / NORTHWEST
S. LOOP 289 &
QUADRANT
INDIANA
1.54
17
EA
$
$
INDIANA/ SOUTHWEST
S. LOOP 289 &
QUADRANT
INDIANA
1.22
17
EA
S
$
INDIANA/ NORTHEAST
S. LOOP 289 &
QUADRANT
INDIANA
1.28
17
EA
$
S
QUAKER / SOUTHEAST
S. LOOP 289 &
QUADRANT
QUAKER
1.92
17
EA
S
$
QUAKER/NORTHEAST
S.LOOP 289&
QUADRANT
QUAKER
1.41
17
EA
$
S
QUAKER / NORTHWEST
S. LOOP 289 &
QUADRANT
QUAKER
1.76
17
EA
S
S
QUAKER/ SOUTHWEST
S. LOOP 289 &
S
S
QUADRANT
QUAKER
1.0
17
EA
SLIDE / SOUTHEAST
S. LOOP 289 &
QUADRANT
SLIDE
2.04
17
EA
S
S
SLIDE/ NORTHWEST
S. LOOP 289 &
ADRANT
SLIDE
2.75
17
EA
$
S
SLIDE/ SOUTHWEST
S. LOOP 289 &
QUADRANT__
SLIDE
0.93
17
EA
S
S
SLIDE / NORTHEAST
S. LOOP 289 &
QUADRANT
SLIDE
0.78
17
EA
S
$
GROUP 4 CLASS C SW LOOP
23.39
s
289 TURNAROUND TOTALS
9
INDEX 9
TURF MAINTENANCE GROUPS
GROUP4
CLASS E - PARKS & RIGHT OF WAY PROPERTIES (W/ LITTER PICKUP INCLUDED)
UNIT
ADDRESS
APPROX
ARK►
ANNUAL
MAINT
CYCLES
ArMO.[IMATE)
Ulm
MAINT.
CYCLE
UNIT COST
EXTENDED
COST
4TH & AVE. H S.E.CORNER)
4TH & AVE. H
0.3 MI
8
EA
S
$
19TH RIGHT-OF-WAY
AVE. A TO AVE. Q
1.5 MI
8
EA
S
$
19TH ST RIGHT-O&WAY
AVE. Q TO UNIVERSITY
0.9 MI
8
EA
S
$
19TH ST RIGHT-OF-WAY
UNIVERSITY TO
INDIANA
I.0 MI
8
EA
$
$
_
19TH ST, RIGHT-OF-WAY
INDIANA TO
BROWNFIELD CIRCLE
0.7 MI
8
EA
S
$
19THST RIGHT-OF-WAY
BROWNFIELD CIRCLE
TO QUAKER AVE.
0.3 MI
8
EA
S
$
19TH ST RIGHT-OF-WAY
FRANKFORD TO W.
LOOP 289
0.5 MI
8
EA
$
$
34TH ST RIGHT-OF-WAY
LOCUST AVE. TO 1-27
1.0 MI
8
EA
$
$
34TH ST RIGHT-O&WAY
1-27 TO AVE. Q
1.1 MI
8
EA
S
$
34TH ST RIGHT-OF-WAY
AVE. Q TO UNIVERSITY
09 MI
8
EA
$
$
34TH ST RIGHT-OF-WAY
UNIVERSITY TO
INDIANA
1.0 MI
8
EA
S
S
34TH ST RIGHT-OF-WAY
QUAKER TO SLIDE
I.0 MI
8
EA
S
$
34TH ST RIGHT-OF-WAY
FRANKFORD TO
MILWAUKEE
0.8 MI
8
EA
$
$
29TH DR RIGHT-O&WAY
34TH TO SLIDE
0.5 MI
8
EA
$
$
50TH ST RIGHT-OF-WAY
MLK BLVD TO I-27
1.6 MI
8
EA
S
$
507H ST RIGHT-OF-WAY
I-27 TO AVE Q
0.8 MI
8
EA
S
$
50TH ST RIGHT-OF-WAY
AVE Q TO UNIVERSITY
0.9 MI
8
EA
$
$
50TH ST RIGHT-OF-WAY
UNIVERSITY TO
INDIANA
1-1 MI
8
EA
S
$
50TH ST RIGHT-OF-WAY
INDIANA TO QUAKER
1.1 MI
8
EA
$
$
50TH ST RIGHT-OF-WAY
QUAKER TO SL IDE
INCLUDING 3 MEDIANS
i� INTERSECTION
1.0 MI
8
EA
S
$
N. MLK RIGHT-OF-WAY
REGIS TO N. LOOP 289
HARDSURFACE &
LANDSCAPE MEDIANS
1.8 MI
8
EA
S
$
MLK RIGHT-OF-WAY
N. LOOP TO 4TH
0.5 MI
8
EA
S
$
MLK RIGHT-OF-WAY
19TH THROUGH 50TH
2.2 MI
8
EA
S
$
E. 26th ST OVERPASS SLOPES &
ADJACENT GROUNDS
E. 24TH TO E. 26TH1
0.3 MI
10
INDEX 9
TURF MAINTENANCE GROUPS
8
EA
$
$
AVE A RIGHT-OF-WAY
UNDERPASS BETWEEN
13TH & 16TH ST.
0.3 MI
8
EA
$
S
AVE A RIGHT-OF-WAY.
51 ST TO 61 ST R-O-W
0.6 NG
8
EA
$
$
UNIT
ADDRESS
APPROX
AREA
ANNUAL
MAINT
CYCLES
(APPROXENUTIE
LI M
MAINT.
CYCLE
KNIT COST
EXTENDED
COST
AVE H UNDERPASS
4TH TO 7T"
0.3 MI
8
EA
$
$
TEXAS AVE UNDERPASS
4TH TO 7"`
0.2 MI
8
EA
$
S
AVE L RIGHT-OF-WAY
4TH TO 8"'
0.3 MI
8
EA
$
$
AVE O RIGHT-OF-WAY
4TH TO 6""
0.2 MI
8
EA
$
$
CLOVIS & AVE. Q MEDIAN
AVE. Q & CLOVIS RD.
.02 MI
8
EA
$
$
CLOVIS & INDIANA MEDIAN
CLOVIS RD. & INDIANA
.02 MI
8
EA
S
$
UNIVERSITY RIGHT-OF-WAY
N. LOOP 289 TO CLOVIS
1.2 MI
8
EA
$
$
UNIVERSITY RIGHT-OF-WAY
CLOVIS TO 4TH
0.9 MI
8
EA
$
S
UNIVERSITY RIGHT-OF-WAY
4TH TO 19TM
I.1 MI
8
EA
$
$
UNIVERSITY RIGHT-OF-WAY
19TH TO 341''H
1.0 MI
8
EA
$
$
UNIVERSITY RIGHT-OF-WAY
34TH TO 56m
1.1 MI
8
EA
S
S
UNIVERSITY RIGHT-OF-WAY
50TH TO S. LOOP
1.3 MI
8
EA
S
S
INDIANA RIGHT-OF-WAY
19TH TO 34"'
1.0 MI
8
EA
$
$
SLIDE ROAD RIGHT-O&WAY
50TH TO S. LOOP
0.9 MI
8
EA
$
$
ERSKINE AVE
N. LOOP 289 TO
MILWAUKEE
2.8 MI
8
EA
$
$
GROUP 4 CLASS E TOTALS
36.04
MILES
GROUP 4 CLASS R, C & E
TOTALS
S
$
11
INDEX 9
TURF MAINTENANCE GROUPS
GELOUP 5
CLASS 8 - CEMETERY
UNff
ADDRESS
APPROX
ACREAGE
ANNUAL
MAHff
Ufm
MARM
CYCLE
EXTENDED
Cogr
CYCLES
UNIT COST
(A�OXU"Tr)
CITY OF LUBBOCK
CEMEURY
2011 FAST 3 IsT srRm
160
25
FA
GROUP 5 CLASS 8
TOTALS
160
I
7 7,11.0
1$(&
12
INDEX 10
CITY OF LUBBOCK
PROPOSED EQUIPMENT
FOR
CONTRACT TURF MAINTENANCE
13
7
'71
71
INDEX 11
CITY OF LUBBOCK PARKS DEPARTMENT
PAYMENT REQUEST
FOR
CONTRACT TURF MAINTENANCE
DATE:
PURCHASE ORDER NUMBER.,
COMPANY NAME•
COMPANY ADDRESS:
Payment for completed Turf Maintenance Cycles for the following Groups.
(List each separately):
Group Mowing Cycle # Date Completed Cost
TOTAL COST $
PERFORMANCE VERIFICATION BY
CONTRACTOR'S REPRESENTATIVE
PAYMENT AUTHORIZATION BY
OWNER'S REPRESENTATIVE
INDEX 12
WRITTEN HAZARDOUS COMMUNICATION
PROGRAM
WRITTEN
HAZARD COMMUNICATION
PROGRAM
Exhibit A
Administered by the City of Lubbock's Safety Department
2
INDEX 12
WRITTEN HAZARDOUS COMMUNICATION
PROGRAM
WRITTEN HAZARD COMMUNICATION PROGRAM
TABLE OF CONTENTS
L POLICY STATEMENT REGARDING HAZARD COMMUNICATION
IL 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
INDEX 12
WRITTEN HAZARDOUS COMMUNICATION
PROGRAM
I. 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
employees 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 II 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.
INDEX 12
WRITTEN HAZARDOUS COMMUNICATION
PROGRAM
II. 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)
INDEX 12
WRITTEN HAZARDOUS COMMUNICATION
PROGRAM
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.
C. 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.
The Hazard Communication Coordinator must inform employees who work around
unlabeled pipes the following_ information regarding potentially hazardous substances
contained in the piping:
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.
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WRITTEN HAZARDOUS COMMUNICATION
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D. EMPLOYEE TRAINING
All Contractor employees will be trained in Hazard Communication. In accordance with
9'
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:
1. 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.
E. OTHER IMPLEMENTATION PROCEDURES
1. 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
r_
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.
-
3. 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
B
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WRITTEN HAZARDOUS COMMUNICATION
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employees have a "right to know", according to law, about chemical hazards in the
workplace. Those rights include:
I . Access to a workplace chemical list.
2. Access to a MSDS for all hazardous chemicals in the workplace.
3. A right 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.
4. 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 beein 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 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/ seasonaU 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.
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WRITTEN HAZARDOUS COMMUNICATION
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(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.
5. Personal Protection Equipment (P.P.E.)
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.
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20 Appendix A
Workplace Chemical List
(List of hazardous materials stored in excess of 55 gallons or 500 pounds)
department
Chemical
Location
2.
3.
4.
5.
6.
7.
8.
L 9.
10.
v, 11.
Date of list:
Signature
" Note: This list must be maintained on file in the department for 30 years.
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WRITTEN HAZARDOUS COMMUNICATION
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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)
9
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WRITTEN HAZARDOUS COMMUNICATION
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Hazard Communication Training 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.
1
-_ 1.
J
i
�i
•_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.
10
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WRITTEN HAZARDOUS COMMUNICATION
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L: a
Appendix D
Contractor Acknowledgment
E
of Hazard Communication
F..
I have been informed of the presence of hazardous materials on the
premises, and of the
q
f
-' - location of the -corresponding Material -Safety DataSheets(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.
Contractor signature
i
J
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Appendix E
CHEMICAL SPILL PLAN
I. Small Spill - less than 20 gallons contained on an impervious surface (concrete, etc.)
• Attend to Injured
• Notify the Hazard Communication Coordinator at #
• 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
II. Large Spill - 20 gallons or more, or any spill that threatens surface waters (playa
lake), ground water, or sanitary or storm sewer systems, or any
hazardous substance" spill. (Consult Texas Tier Two list)
• Call 911
• Attend to injured
• Notify the Hazard Communication Coordinator at #
• 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
Spill Containment Materials
Emergency Exit Map
12
"extremely