HomeMy WebLinkAboutResolution - 2016-R0424 - Contract - West Texas Services Inc.- Quincy Park PID Lanscaping - 12_01_2016Resolution No. 2016-RO424
Item No. 5.5
December 1, 2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Contract No. 12991 for Quincy Park PID Landscape
Services, by and between the City of Lubbock and West Texas Services, Inc. dba Toms Tree
Place, of Lubbock, Texas, and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
Passed by the City Council on-- J)gggmbgrl12016
L0.--A— —
DAN M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Bill How n, Assistant City
APPROVED AS TO FORM:
Amy s, Deputy ,, ey
RES.Contract-Nbr 12991-Quincy Park PID Landscape Services
11.10.16
Resolution No. 2016-RO424 INDEX 6
CONTRACT
12991
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 1st day of December, 2016, 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 West Texas Services, Inc. dba Tom's Tree Place 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 16-12991-KM, Quincy Park PID Landscape Services
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 necessary to complete the said services in accordance with the
contract documents as defined in the General Conditions of Agreement. West Texas Services, Inc. dba Tom's
Tree Place (Contractor) bid dated August 17, 2016 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.
INDEX 6
CONTRACT
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.
CONTRACTOR:
COMPLETE ADDRESS:
Company a"'s -Tz6�
Address 5t off 84"I't s..rae-r-1
City, State, Zip w ftac.,e- , rc. -1-144*
T:
Corporate Secretary
CITY OF LUBBOCK, TEXAS (OWNER):
By: (4�-�
DANIEL M. POPE, MAYOR
mmr 0 IT,
Rebec a Garza, City Secretary
OWNERS REPRESENTATIVE:
", CB'Jlk'
Cheryl Brock, Executivepirector of Budget
INDEX 4
BID SUBMITTAL
DATE: S / 1-1 / Zo 16 .
ITB 16-12991-KM, Quincy Park PID Landscape Services
Bid of lJ ST T► r 1 ,pr T-o&A TPI a_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 Quincy Park PID Landscape Services
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.
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 instructions specified herein.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality
in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) 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 the written Notice to
Proceed, and to substantially complete the Work on which he has bid; as provided in the contract
documents.
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.
S Purahase/Bid tbcs/ITB 16-12991-KM Quincy Pork No Landscape Services
INDEX 4
BID SUBMITTAL
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.
(Seal if Bidder is a Corporation)
Bidder acknowledges receipt of the following addenda:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
M/WBE
Firm:
Date: C� �6
Au oriz d nature
Ate-V Orb 1 1^ reJI'Chi tt—
(Printed or Tyt' Aftri Name}
Too.. `.s
Company
510,4
Address
Wa a0C- t-
Luaaou�.
City,
County
Te,x o, s
, "1111410
State
Zip Code
Telephone: ba _-
1101-
Fax: w6 - -Me
- g-1 !s
Federal Tax ID: -1 5 - I Lz.st 7-7-2.
Woman Black American Native American
Hispanic American Asian Pacific American Other (Specify)
S Purchase/Bid DocsfrM 16-12991-KM Quincy Park PID Landscape Services
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GENERAL CONDITIONS OF THE AGREEMENT
I. GENERAL PROVISIONS
1.0 DEFINITIONS
1.1 Agent — An employee of the City of Lubbock, who is appointed by the City to monitor the work
and actions of the Contractor.
1.2 City — The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas.
1.3 City Council — City Council of the City of Lubbock, Texas.
1.4 Contract — The contract consists of the following: Notice to bidders; General Provisions;
Specifications; Plans; Addenda; Bid; Agreement; Insurance; Encumbrance; Notice to Proceed; and
Change Orders. These form the agreement whereby the Contractor shall furnish all labor,
equipment, tools, materials, and perform all work necessary to satisfactorily accomplish the
proposed plan, sponsored by the City.
1.5 Contract Time — The number of allowable days to complete the contract.
1.6 Contractor — The individual, firm, partnership, joint venture, or corporation contracting with the
City to perform work.
1.7 Cycle — The period in which each service is completed once on the median and once on the park.
1.8 Director of Parks and Recreation — The individual who shall act on the City's behalf according
to the direction of the Fiscal Policy Designee and appoint an Agent to ensure compliance with the
contract requirements, such as but not limited to, acceptance, inspection and delivery.
1.9 Excluded Damage — Damage caused by vandalism, pedestrians, vehicles, animals (except insects
and/or rodents), or other unusual factors. It does not include damage caused by the Contractor's
actions, lack of reasonable care, pest damage (such as insects), diseases or plant loss due to lack of
water caused by an irrigation system programming error, irrigation system breakage or irrigation
malfunction.
1.10 Existing Conditions, Examination of Site — Within fifteen (15) days from the date of Award of
Contract, the Contractor shall make a thorough examination of the current conditions at the site. As
part of the examination, the Contractor shall create an inventory list of the name and quantity of
each plant in each planter and confirm the existing quantities in each planter meet or exceed those
shown on any previous plant inventories. The Contractor shall make a list of all landscape items at
the site that he/she believes are broken, missing, not healthy or otherwise not in compliance with
these specifications. A copy of this list, along with an additional itemized quote for correcting each
item, shall be given to the Agent. Upon confirmation of each item, the Agent will either give the
Contractor written authorization to make the correction or a written release from responsibility for
the item.
1.11 Extra Work — Work over and above that called for in the contract. Any extra work to be performed
by Contractor must first be approved by City appointed agent.
1.12 Fiscal Policy Designee — An employee of the City of Lubbock Fiscal Policy Department, who is
appointed by the City to act as liaison to the Quincy Park Public Improvement District (PID)
Advisory Board and to oversee the management of the Quincy Park PID. All payments to the
Contractor must be approved by the Fiscal Policy Designee.
1.13 Mayor — The duly appointed official of the City of Lubbock, Texas, who is empowered by the City
Charter to enter into a contract on behalf of the City.
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GENERAL CONDITIONS OF THE AGREEMENT
1.14 Notice to Proceed — Written notice to the Contractor issued and signed by the authorized Agent
stating the date on which the Contractor should proceed with work as stated in the contract.
1.15 Review Committee — A committee chosen by the City of Lubbock, to analyze and recommend to
City Council the best Contractor(s) to perform the tasks governed by the contract.
1.16 Specifications — The directions, provisions, and requirements pertaining to the method and manner
of performing the work or to the quality of the materials and equipment to be furnished under the
contract.
1.17 Subcontractor — Any individual, firm, partnership, or corporation licensed or otherwise authorized
by law to do business in Texas, to whom the Contractor, with written consent of the City, sublets a
part of the work.
1.18 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.
1.19 Unit Price — Payment to the Contractor based on a unit or portion of the work performed.
1.20 Work All work, including the furnishing of staff, equipment, materials, and other incidentals
necessary for the performance of the contract. All work will be in the public right-of-way per
attached exhibit.
2.0 TERMS AND CONDITIONS
2.1 Work: It is the intent for the Contractor to provide for completion in every detail the work described
herein. The Contractor shall provide all labor, tools, transportation, materials, and equipment
necessary to complete the work in accordance with specifications provided and terms of the contract.
The attached "Exhibit A-1 thru A-3" indicates the completed landscaped areas. Bidders are
to provide unit pricing that will be applied to landscaped areas completed and accepted for
maintenance.
2.2 Specification Change: During the term of the Contract, the City may change maintenance
frequencies, thereby increasing or decreasing maintenance frequencies. Unit pricing will be used to
determine cost adjustments. All changes shall be in writing.
2.3 Changed Condition: If the Contractor finds latent conditions which differ from those outlined in
the contract or specifications which differ from customary work, and which the Contractor could
not have discovered during the investigation of the site prior to the bid, and in which such condition
increased the expense to the Contractor, immediate written notice shall be promptly mailed to the
Agent. The Contractor shall afford the City the opportunity to inspect the same. After inspection
by the City, the Contractor shall not delay work pending a decision to be made by the City regarding
the claim. Failure of the Contractor to give prompt written notice and afford the City the opportunity
to inspect the condition, before it is disturbed, shall be deemed a waiver by the Contractor of all
claims and extra compensation arising out of the alleged condition.
If the Agent and the Fiscal Policy Designee determine that the Contractor is entitled to extra
compensation by reason of increased expense to the Contractor and caused by the condition, and
find that the condition requires work not covered in the contract, a change order may be executed
for additional compensation which shall be agreed upon by all parties involved and approved by the
Agent and the Fiscal Policy Designee. Additional time may be granted if the City deems additional
time is necessary to accomplish the job. No change order or combination of change orders shall
exceed twenty-five percent (25%) of the total contract.
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GENERAL CONDITIONS OF THE AGREEMENT
2.4 Clean-up: As specified in the Maintenance Standards Specifications, all work shall be cleaned up
and waste materials removed from the site. No equipment shall be left at maintenance sites and all
material removed from the job shall be at the Contractor's expense. If materials or waste are not
removed from the site, written notification from the Agent shall be delivered to the Contractor. The
Contractor shall have forty-eight (48) hours to remove the material in question. If the material in
question is not removed in the forty-eight (48) hour period, the City shall remove the material and
the Contractor shall be charged for the expense. Payment to the City for said expenses shall be
deducted for the Contractor's payment. If such conditions continue, the contract may be terminated
due to breach of contract.
2.5 Preservation and Restoration of Property: The Contractor is responsible for the preservation of
all City owned and adjacent property owner lands expose which the Contractor may come into
contact with. The Contractor shall use every precaution necessary to prevent damage to trees,
shrubs, above and below ground structures, utilities and any other form of property. Should damage
occur, it is the Contractor's responsibility to report the damage to the Agent as soon as possible but
not exceeding twenty-four (24) hours from the time damage occurred. If damage occurs as a result
of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged
property at their own expense. Time required to repair damaged property shall be expedient and to
the approval of the Agent. If the damage is not repaired in the agreed upon time period, the City
may after forty-eight (48) hours' notice from the Agent, proceed to repair the damage. The
Contractor shall be held financially responsible for the repair work and the cost shall be deducted
from the Contractor's payment.
2.6 Equipment: The Contractor shall provide everything necessary to fulfill the requirements of this
contract. All equipment shall meet all applicable federal, state and local laws and regulations.
Contractor's equipment is subject to inspection and approval of the Agent. All manufacturers' safety
features must be operational, in good repair and in proper positions during operation. All equipment
shall be professional grounds maintenance quality and in good condition throughout the course of
the contract. If the Agent deems the equipment faulty or if the equipment is damaging the turf or
other surfacing materials in anyway, the Contractor shall remove the equipment from the premises.
Contractor shall not impede other grounds maintenance operations during the course of those
maintenance operations.
2.7 Service Boundaries: The service area may be bounded by hard surfacing materials, sidewalks, or
non -curbed turf areas. The successful bidder shall be responsible for all areas defined by turf or
hard surfacing. However, the successful bidder is not responsible for edging of un-curbed turf.
Although the mowing Contractors are required to operate mowing equipment in a manner that
directs the clippings away from plant beds, the nature of mowing equipment will at times allow
some clipping debris to drop into planting areas.
2.8 Termination of Contract: This contract shall remain in effect until the expiration date for
performance of services ordered. Termination of either party requires a thirty (30) day written notice
prior to any cancellation. Such written notice must state the reason for cancellation. The City of
Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it
deems to be in the best interest of the City.
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GENERAL CONDITIONS OF THE AGREEMENT
3.0 CONTROL OF WORK
3.1 Authority of the Director of Parks and Recreation: It is understood by all parties that the work
is to be done to the satisfaction of the Fiscal Policy Designee and the Director of Parks and
Recreation or his authorized Agent(s). The Director of Parks and Recreation or his Agent shall
interpret all specifications and shall determine the acceptability of all work. The Director of Parks
and Recreation or his Agent shall decide the classification, quality, and amount of all work done
under the contract. The Fiscal Policy Designee shall be the sole administrator of payment(s), and
his or her decision shall be final, conclusive and binding on all parties.
3.2 Authority of the Agent: The Director of Parks and Recreation may appoint an Agent or Agents to
serve as an inspector. The Agent(s) shall be allowed to inspect all work at any time. The Agent
shall not be allowed to alter, revise, add, or delete anything from the contract or specifications. An
Agents duties shall include keeping the Director of Parks and Recreation notified as to the progress
of the job and the procedures involved in completing the job. The Agent shall call to the attention
of the Director of Parks and Recreation and the Contractor any deviation of contract or
specifications, but failure of the Agent or of the Director of Parks and Recreation to call to the
attention of the Contractor any deviation of the contract or specifications shall not constitute
acceptance of said work. The Agent shall have the authority to suspend any work pending a decision
by the Director of Parks and Recreation.
3.3 Extra Work: Extra work being done by the Contractor without authorization through change
orders, or work which is not shown on the contract or specifications, shall be considered as
unauthorized work; and if performed shall be at the risk of the Contractor. The City appointed agent
shall discuss any extra work with the Fiscal Policy Designee and reserves all rights to refuse
payment for such work.
3.4 Unauthorized Work: All work and/or materials which do not conform to the contract and
specifications, and work done contrary to written instructions of the Agent shall be done at the
expense of the Contractor. The Contractor may be ordered to remove or remedy such work at its
own expense. If Contractor damages adjacent property, the Contractor shall remedy such property
at its own expense.
3.5 Final Inspection: Final inspection of the site shall take place by the Agent as soon as possible after
the completion of the project. If the project is completed in cycles, the project shall be inspected
after each cycle by the Agent. The Contractor shall be allowed to be present at the examination. If
the inspection reveals any defective work, the Agent may require the work to be remedied before
final acceptance is granted. All said remedies shall be at the expense of the Contractor.
3.6 Laws and Regulations: The Contractor and any Subcontractor(s) shall at all times comply with all
local, county, state and federal laws. The Contractor and his Subcontractor shall abide by all Labor
Laws observed by the State of Texas. The Contractor shall comply with all federal, state and local
Environmental Protection Laws, and regulations. The Contractor shall comply with all applicable
federal, state and local laws and regulations regarding pollution of rivers, lakes, streams and other
waters. The Contractor shall store, handle, use and dispose of chemicals, fuels, oils, greases and
other materials in a manner that prevents them from entering surface or ground waters. Upon receipt
of notice of noncompliance of environmental protection provisions, the Contractor shall take
immediate corrective action at the Contractor's expense. If the Contractor fails or refuses to
immediately take corrective action, the City may issue an order stopping all or part of the work until
satisfactory corrective action has been taken.
3.6.1 Prior to any application of chemicals, the Contractor shall request, in writing, approval
from the Agent. The request shall include the target pest and the type of chemical(s) to be
used. If permission is granted, all applications shall be performed through a Licensed
Applicator, licensed by the Texas Structural Pest Control Board and/or the Texas
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GENERAL CONDITIONS OF THE AGREEMENT
Department of Agriculture. Upon completion of the operation, the Contractor shall provide
to the Agent, a copy of the Pesticide Application Documentation that the Contractor
records pursuant to the requirements of the Structural Pest Control Board.
3.7 Advertising: Contractor shall not advertise or publish, without City's prior consent, the fact that
the City has entered into this contract, except to the extent necessary to comply with proper request
for information from an authorized representative or the federal, state or local government.
3.8 Citizen Contact: The Contractor is granted the privilege of doing work on City owned property,
but does not have exclusive use of the property and must respect the activities of patrons while doing
work on City owned property. The Contractor shall take all precautions necessary to insure that
adjacent property owners are not disturbed.
3.9 Identification and Character: Contractor's vehicles shall be marked with the Contractor's
company name, on both sides and in lettering that is a minimum of two inches tall and of an easily
read typeface. In lieu of lettering, Contractors may submit easily recognizable Company Logos for
approval by the Agent. All employees of the Contractor shall have a name badge for identification,
either clip on or incorporated with a uniform. This identification shall be worn at all times that the
employee is at the job site. The Contractor shall provide uniforms of a different color than City
employee uniforms. Uniforms may not be torn or ragged and shall present a professional
appearance. Additionally, the Contractor will at all times require employees to remain fully dressed
and will not allow employees to wear unbuttoned clothing while on City property.
3.9.1 The Contractor shall prohibit the use of intoxicating substances by its drivers and
crewmembers while on duty or in the course of performing their duties under this Contract.
3.9.2 Employees driving the Contractor's vehicles shall at all times possess and carry a valid
State of Texas Driver's License appropriate for the weight and type of vehicle being driven.
Contractors are specifically required to ensure that a Texas Commercial Driver's License
is obtained where applicable for the type(s) of vehicles in use.
3.9.3 The Contractor's employees, officers, Agents and Subcontractors shall, at no time, be
allowed to identify themselves or in any way represent themselves as being employees of
the City of Lubbock.
3.10 Safety: The Contractor is responsible for maintaining a safety program that insures compliance
with all current requirements of the Federal Occupational Safety and Health Act of 1970. The
Contractor is responsible for safety on the project site and the City shall take no action to interfere
with the Contractor's safety program. Failure to maintain compliance with this act shall be grounds
for termination of the contract.
4.0 INDEMNITY INSURANCE
4.1 Contractor shall indemnify, hold harmless, and defend the City of Lubbock, its officers and
employees from and against any and all liability or alleged liability without fault and liability by
virtue of the obligations that the City of Lubbock assumes toward its indemnity(s) insofar as
applicable to this Contract or the work to be performed hereunder and including cost of suit,
attorneys' fees, and all other related costs and expenses of whatever kind or character arising directly
or indirectly from any cause whatsoever in connection with or incidental to this Contract or the work
to be performed hereunder, including such injury or harm as may be caused in part by any neglect,
act, or omission of the City, its officers and employees, excepting only such injury or harm as may
be caused solely by an act or omission of the City, its officers and employees. Notwithstanding the
foregoing, the Contractor specifically agrees to so indemnify, hold harmless, and defend the City
from and against any and all such liability, suits, action, legal proceedings, claims, or demands that
may be made or pursued by an employee of Contractor, or of any Subcontractor, or materialsman,
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GENERAL CONDITIONS OF THE AGREEMENT
or anyone acting on behalf of Contractor in connection with or incidental to this Contract which are
alleged to be attributable to any condition of or upon the City's property facilities, materials, or
equipment, including where such condition and resulting injury or harm is caused in part by any
negligent act or omission of City, its officers and employee, but excepting only such injury or harm
as may caused solely by an act or omission of City, its officers and employees. Contractor agrees
to waive any and all claims and suits covered by this indemnity agreement and agrees that any
insurance carrier involved shall not be entitled to subrogation under any circumstance against City,
its officers and employees.
4.2 The Contractor shall secure and maintain insurance for the duration of the contract. Proof of the
Contractor's liability insurance shall be provided prior to receipt of a signed contract. The following
insurance is required:
4.2.1 Workman's Compensation Insurance covering all employees whether employed by the
Contractor or any Subcontractor on the job including Employers Liability of at least
$500,000 aggregate.
Commercial General Liability Insurance at minimum combined single limits of$1,000,000
per occurrence and $1,000,000 general aggregate for Bodily Injury and Property Damage,
which coverage shall include Products/Completed Operations, and XCU Hazards
Coverage for Products/Completed Operations must be maintained for at least five (5) years
after the work is completed. 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
$500,000 per occurrence for owned, non -owned, and hired coverage.
4.3 All policies or certificates shall also contain the following endorsements:
4.3.1 The City of Lubbock shall be named as an additional insured on a primary and non-
contributory basis and shall include a waiver of subrogation in favor of the City on all 4
liability coverage's except professional liability.
4.3.2 All liability policies shall contain cross liability and severability of interest clauses.
4.3.3 A waiver of subrogation in favor of the City of Lubbock for all types of insurance
coverages.
4.3.4 The policy shall be endorsed to require the insured to immediately notify the City of
Lubbock of any changes in the insurance coverage.
4.4 All insurance shall be purchased from an insurance company that meets the following requirements.
4.4.1 A Best financial grading of ANN or better
4.4.2 Licensed and admitted to do business in the State of Texas and is a subscriber to the Texas
Guaranty Fund.
4.5 All insurance must be written on forms filed with and approved by the Texas State Board of
Insurance. Certificates of insurance shall be prepared and executed by the insurance company or
it's authorized Agent and shall contain provisions representing and warranting the following:
4.5.1 The company is licensed and admitted to do business in the State of Texas.
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GENERAL CONDITIONS OF THE AGREEMENT
4.5.2 The company's forms have been approved by the Texas State Board of Insurance.
4.5.3 Sets forth all endorsements as required above.
4.6 The City of Lubbock shall receive at least sixty (60) calendar days' notice prior to cancellation or
termination of insurance.
4.7 The Contractor shall understand and agree that they are an independent Contractor and that they are
not an employee of the City, and that the City will not provide Worker's Compensation, health or
accident insurance, general liability insurance, or any other form of insurance coverage of any kind
which would cover the Contractor or their employees, if any, in and under the terms of the Bid.
5.0 CONTRACT TERM
5.1 The term of the contract shall be for a period of one year plus four one-year additions, unless
terminated or extended in accordance with the provisions of this contract.
6.0 PROSECUTION AND PROGRESS OF WORK
6.1 Notice to Proceed: Notice to proceed shall be mailed to the Contractor by certified letter. The
Contractor shall have ten (10) working days from the day he receives the letter to actively proceed
with the work.
6.2 Contract Time: All work is schedule driven, therefor, the Contractor's work force and equipment
needs shall vary throughout the contract's time period. The normal work schedule shall fall within
the time frame of Monday through Friday 6:00 a.m. to 6:00 p.m.
6.3 Weekends, Holidays and Nights: Work on weekends, holidays, and nights shall be at the
discretion of the Contractor. Should the Contractor find it necessary to work during this time, notice
of his intention to do so shall be given to the Agent at least seventy-two (72) hours prior to doing
SO.
6.4 Weather: Weather will affect the progress of grounds maintenance at times and Contractor shall
recognize this and have a plan of action and/or resources available to proceed in an expedient
manner. Should weather conditions alter schedules, the Contractor shall notify the Agent at the
beginning of the next workday. It is the Contractor's responsibility to provide quality workmanship.
If weather conditions prevent such quality, the Contractor shall suspend work and resume work as
soon as weather allows. If the Agent finds that weather conditions are inappropriate for maintaining
high quality work, they may notify the Contractor and suspend work. The suspension of work by
the Agent shall not in any way allow the Contractor to find grounds for adjustments in contract time
or provide for extra compensation.
6.5 Character of Work: All workers, supervisors, managers, and Subcontractor(s) employed by the
Contractor shall be competent and careful workers skilled in their respective trades. The Agent may
remove from the work site any person employed by the Contractor who does not represent the City
in a professional manner or does not follow the instructions given to him. If any person misconducts
their self, is incompetent, or negligent in the performance of their duties, they may be removed from
the work site and shall not return until the Contractor receives written consent from the City's
Representative. Should the Contractor continue to employ such individual to continue work under
this contract, the City reserves the right to withhold payment and/or nullify the contract.
6.6 Assigning or Subletting the Contract: The Contractor shall not assign or sublet the contract, or
any portion of the contract, without written consent from the Director of Purchasing and Contract
Management. The City's permission to sublet any contract shall not be construed as making the
City a party of such subcontract. No Subcontractor shall release the Contractor of its surety or its
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GENERAL CONDITIONS OF THE AGREEMENT
liability and obligation to fulfill all transactions made under the contract. Should consent be given,
the Contractor shall insure the Subcontractor or shall provide proof on insurance from the
Subcontractor that complies with all Insurance requirements contained in paragraphs, 4.0-4.7,
Indemnity Insurance.
6.7 Payment: The Contractor shall receive compensation for services provided for in the contract on
a monthly basis. Upon the end of each month, during the contract period, the contract shall submit
an invoice to the Fiscal Policy Designee for 1/12" of the Annual Maintenance Cost. Any Extra
Work shall be shown on the same monthly invoice and identified as "Extra Work." Extra Work
billing should designate hourly labor cost, parts/materials costs and a description of the work
performed. Payment shall be determined by the form included in this package as Exhibit I and
approved by the Fiscal Policy Designee.
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SPECIFICATIONS
1.0 Turf Maintenance Standards
1.1 General: Successful Contractor shall have ten (10) days from receipt of the Notice to Proceed to
commence contract maintenance activities. The decision to end the maintenance season shall be
made by the Agent. The Contractor shall be notified of the City's decision by letter.
1.1.1 The areas to be serviced for each site include all turf areas in the right-of-way per the
attached map, 'see Exhibit A. Contractor is responsible for safe and careful operation of
mowing equipment around plant material and structures to prevent damage and to prevent
clippings from contaminating shrub or color bed.
1.1.2 Contractor shall provide a maintenance schedule to the Agent within fifteen (15) days from
the date of Award of Contract and will notify the Agent of any changes in the schedule
prior to the schedule change.
1.1.3 Upon award of contract the Agent and Contractor will have a walk-through of the property
to document any pre-existing damage for which the Contractor shall not be liable. If trees,
shrubs or grass are found to have pests after the initial walk-through, the Contractor will
be responsible for treating pests to ensure a vigorous healthy plant life. Contractor must
notify the Agent for approval before treatment.
1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Agent. Mowing
frequency shall be determined by turf growth and occur up to once per calendar week, evenly spaced.
Mowing costs are to be determined at a rate of twenty-nine (29) cycles per calendar year. Any
cycles more than twenty-nine (29) shall be billed as Extra Work. Litter shall be picked up before
any mowing occurs. Turf shalt be cut at a height of two (2) inches; unless otherwise directed by the
Agent, clippings shall be bagged or recycled and all hardscapes shall be cleaned after each service.
Grass clippings cannot be blown into the lake. Mowing equipment shall be a reel mower or
rotary/recycler. If and when the Contractor wants to raise the height above two inches they must
first receive written approval from the Agent. All equipment must be of appropriate size for each
site and approved by the Agent.
1.3 Edging: All sidewalks and curbs shall be edged to a depth of two inches and shall be performed
concurrently with mowing operations. String trimmers or curb dressers may not be used for edging.
Chemical edging is not permitted.
1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height.
Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants
or structures. All hard surfaces, sidewalks, streets, parking areas and street medians must be kept
free of grass, weeds and debris. This task must be completed the same day the mowing is performed.
The Contractor is responsible for protecting all trees and shrubs from string trimmer damage.
1.5 Fertilization: Contractor shall be responsible for applying sufficient fertilizer to promote a green,
healthy turf. A soil sample shall be submitted to the Agent every other year. At a minimum, the
Contractor shall apply fertilizer as follows:
1" Application: April I — April 30
2",1 Application: July 1 —July 31
314 Application: August I — August 31
1.6 Pesticide/Herbicide Application: Contractor shall be responsible for insuring that plant health and
appearance is maintained by applying pre- emergent and post -emergent herbicides once in March
and once in early September to control noxious weed growth. If needed, the pesticide to be used
shall be discussed with the Agent and not applied until receipt of written approval. Without
exception, the individual applying the pesticide shall be licensed by the Structural Pest Control
S Purchase Bid DocsllTB 16-12991-KM Quincy Park P1D tandscapc Scrviccs
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SPECIFICATIONS
Board, or any other applicable agency, for the specific category involved. The applicator shall also
be required to follow manufacturer's recommendations for product usage and all applicable state
and federal laws concerning pesticide applications, rinsate disposal, and container disposal.
2.0 Tree Maintenance Standards
2.1 Trees shall be maintained in a healthy, vigorous growing condition, free from disease and large
concentrations of pests.
2.2 Prune trees only to remove dead, diseased, broken, dangerous, or crossing branches, and as required
below. Pruning of this type is a minor, non -reimbursable cost to be included as part of the regular
maintenance. Prune in accordance with generally accepted standards for proper pruning.
2.3 Discard all tree trimmings off -site using a legal method.
2.4 Any tree found to be dead or missing shall be replaced with plant material of identical species at the
Contractor's expense, unless the loss was due to excluded damage. If the loss resulted from excluded
damage, replacement will be paid for as extra work. Submit a quote for replacement within two
weeks of the loss. Unless otherwise instructed by the Agent, replacement trees shall equal the value
ofthe tree size that died based upon the total caliper inch of that tree. (No more than $110 per caliper
inch.)
2.5 Replacement trees shall be approved for size and appearance by the Agent prior to planting.
2.6 The cutting blades on pruning shears, clippers, blades, saws, etc. shall be sterilized after pruning
each tree to minimize the possibility of spreading disease. When pruning trees known or suspected
to be diseased, cutting blades shall be sterilized after each cut. Sterilize blades by dipping them in a
solution of I part bleach and 9 parts water or heavily spray them with a disinfectant spray, such as
Lysol. After dipping or spraying, wait 20 seconds before using again.
2.7 Contractor will be responsible for maintaining or replacing mulch around the trees as necessary.
3.0 Irrigation Standards
3.1. Water Application & Scheduling:
3.1.1 It is the Contractor's responsibility to make sure that plants receive adequate water regardless
of weather conditions.
3.1.1.1. It is the responsibility of the Contractor to conserve water and assure that all
watering rules and regulations are followed. Any penalties, fines, or citations for
watering ordinance violations shall be paid by the Contractor.
3.1.1.2. Irrigation shall be made by the use of the permanent irrigation systems. Failure of
the irrigation system to provide full and proper coverage shall not relieve the
landscape maintenance Contractor of the responsibility to provide adequate
irrigation. It is the Contractor's responsibility to make sure that the irrigation system
is maintained and operates properly.
3.1.2 The Contractor is responsible for the complete operation and maintenance of the irrigation
systems, except as noted below. The Contractor shall examine the irrigation system for
damage or malfunction weekly and shall report damage or malfunction to the Agent in
writing. If the Contractor fails to report the broken or malfunctioning irrigation system
components within two weeks of the breakage or malfunction, the Contractor shall be
responsible for all damages resulting from the broken irrigation system component.
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SPECIFICATIONS
3.1.3 Adjust watering times each week. Do not overwater plantings. Use multiple -start times and
short run times to prevent run-off. Drip systems should be left on for sufficient time to allow
for saturation of the root zone. Shorter runs with drip irrigation do not provide sufficient
water penetration for healthy root development. Avoid multiple -start times with drip systems
if possible. Do not allow run-off from any irrigation.
3.1.4 When breakdowns or malfunctions exist, the Contractor shall hand water, if necessary, to
maintain all plant material in a healthy condition. If the irrigation , repairs are major and will
be billed as additional work (see items that qualify for extra work as outlined below), the
labor costs for hand watering may also be submitted for payment as noted in the General
Requirements section of these specifications. Do not wait for approval to begin hand watering
if it is required to save the plantings.
3.2 Irrigation System Scheduled Maintenance:
3.2.1 Each valve zone shall be observed for signs of damage on a weekly basis during the
irrigation season.
3.2.2 The landscape maintenance Contractor shall maintain the irrigation system, including
cleaning of filter screens and flushing pipes as needed, as part of this contract.
3.2.3 Drip irrigation systems need periodic flushing to remove sediment. When Rushing is
necessary, it shall be performed as part of this contract. Drip systems shall be Rushed at
least once a year. Open ends of drip lines and run for at least 15 minutes at full flow to
Rush. It may be necessary to install Rush outlets in order to Rush the drip system.
3 2.4 Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or gutters is
not permitted. The Contractor shall immediately shut down the irrigation system and make
adjustments, rcpairs, or replacements as soon as possible to correct the source of the run-
off.
3.3 Irrigation System Repair:
3.3.1 The Contractor shall replace or repair, at the Contractor's expense, any irrigation
components damaged, unless due to excluded damage. Repair shall be made within two
weeks of the day the damage occurred. If the damage was due to excluded damage, the
irrigation repairs will be paid for as extra work. The Contractor shall make notification of
needed repairs within two weeks of the day the damage occurred. Regardless of the cause
of damage, the Contractor shall take immediate action to prevent further damage by
shutting off the damaged part of the irrigation system and commencing with hand watering
as needed. As soon as possible after receiving written authorization to proceed, the
Contractor shall make repairs. The following items are considered to be minor repairs:
damaged or clogged sprinkler nozzles, adjustment of sprinkler patterns or arcs, adjustment
of sprinkler position (i.e.; raise, lower, or straighten sprinkler head), replacement of
clogged, broken, or missing barbed -style drip emitters, replacement or repositioning ofdrip
distribution tubing smaller than I /2 inch or 15 mm diameter. These minor repair items shall
be corrected by Contractor at Contractor's expense.
3.3.2 Any replacement of irrigation system components shall be made with materials of the same
manufacturer and model as the original equipment. Substitutions of materials other than
original equipment will be approved only when the original equipment has been
discontinued and is no longer available for purchase at any location. The substituted
equipment must be completely compatible with the original and must be approved in
advance by the owner's authorized representative.
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SPECIFICATIONS
3.3.3 All repairs to the system shall be identical to the original installation, unless approved
otherwise in advance by the owner's authorized representative. If a change to the
installation will result in lower future maintenance costs, less frequent breakage, or an
increase in public safety, request authorization to make the change from the owner's
authorized representative.
3.3.4 The Contractor shall check the entire irrigation system weekly for items such as dry spots
and missing or malfunctioning irrigation components. Check for leaking valves, water
running across sidewalks, water standing in puddles, or any other condition which hampers
the correct operation of the system or the public safety. The Contractor shall carefully
observe plant materials for signs of wilting, indicating a lack of water. Plants which die
due to irrigation failure will be considered to have died due to the Contractor's negligence
and shall be replaced at the Contractor's expense.
3.3.5 Plastic sprinkler nozzles with bad patterns shall be replaced with new nozzles of the same
gallonage and arc as part of the regular maintenance of the sprinkler system. Do not attempt
to clean plastic nozzles by sticking knife blades or wire into the openings. The plastic will
be scratched and the pattern will be ruined. Brass nozzles may be carefully cleaned if
needed.
3.3.6 The Contractor shall inspect and test all components and zones in the irrigation system
monthly and shall reset zone times according to seasonal evapotranspiration changes.
Minor adjustments and repairs such as head -emitter cleaning or replacement, filter
cleaning, small leaks, and minor timer adjustments shall be made by the Contractor. During
weekly maintenance, the Contractor will note and report to client any symptoms of
inadequate or excessive irrigation, draining problems, etc.
3.3.7 Repairs of irrigation system beyond the above scope will be charged as Extra Work at an
hourly rate per person plus parts. Contractor shall bill the City for parts according to the
current Manufacturer's List Price or a discount thereof. The Contractor will notify the
Agent of the nature of the problem before repairs are made.
4.0 Median Maintenance Standards
4.1. Plants and shrubs shall be maintained in a healthy, vigorous growing condition, free from disease
and large concentrations of pests.
4.2. Prune plants and shrubs to remove damaged, diseased, or dead stems or foliage and to promote
uniform growth patterns. Unless otherwise specified, they shall not be pruned into ball or box
shapes. Plantings should be pruned as required to keep them within the bed area or to control their
vertical ascent.
4.3. Contractor shall be responsible for applying sufficient fertilizer to promote a healthy, green turf.
Contractor shall insure that fertilizer residue is removed from foliage and shall apply sufficient water
to incorporate the fertilizer into the soil.
4.4. Contractor shall be responsible for insuring that plant health and appearance is maintained by
applying corrective insecticides, fungicides or other pesticides as required to control pest
populations. The pesticide application standards previously set forth in item 1.6 shall be adhered to.
4.5. Contractor shall insure that all litter is removed from the medians two days each week.
4.6. Contractor shall be responsible for the disposal of all debris removed from beds and shall not place
the debris in curbside receptacles or dumpsters.
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SPECIFICATIONS
5.0 Water Wells and Pump House Maintenance
5.1. Contractor shall maintain water wells to ensure they are in good working order and keep the pump
house clean and orderly.
6.0 Pond Maintenance Standards
6.1. Contractor shall be responsible for controlling and- minimizing the growth of the Cattails by cutting
and spraying.
6.2. Contractor shall ensure all litter and trash is removed from around and in the pond.
7.0 Trash Receptacles and Pet Waste Stations Maintenance
7.1. Contractor will be responsible for emptying all litter receptacles. The Contractor will provide trash
receptacle liners to be placed in each receptacle after removal of litter and debris. The Agent will
supply contractor with pet waste bags and trash receptacle bags, not liners. Contractor shall be
responsible for the disposal of litter and debris. 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, curbside trash receptacles or those belonging to
Commercial Businesses,
7.2. Contractor will be responsible for replacing the bags in the pct waste stations as needed to ensure
each station holds the maximum amount of bags each Friday and Monday.
7.3. All receptacles shall be emptied on Mondays and Fridays of each week. Agent could request
additional frequencies for receptacle maintenance. Additional maintenance beyond the
Monday.'Friday schedule shall be deemed as Extra Work.
8.0 Benches, Hardscape, and Concrete Maintenance
8.1. Contractor will be responsible for removing any litter or debris from around or inside the pavilion
area and hard surfaces shall be swept on Mondays and Fridays of each week. Agent could request
additional frequencies for pavilion maintenance. Additional maintenance beyond the
Monday,'Friday schedule shall be deemed as Extra Work.
8.2. Any litter or debris shall also be removed from the park benches each Friday and Monday.
8.3. Any damage or disrepair to the pavilion, benches, or concrete should be reported to the Agent as
soon as possible by the Contractor.
9.0 Playground and Playground Equipment Maintenance
9.1. Contractor will be responsible for removing any litter ordebris from around or inside the playground
area and pick up any playground surface material outside of the defined area and return to
playground.
9.2 Contractor shall inspect the playground equipment for damages each week and notify the Agent as
soon as possible. If equipment damage poses a safety risk, necessary precautions must be taken
immediately to prevent children from playing on the equipment until repairs are made.
S Purchase/Bid Docs/ITB 16-12991-KM Quincy Park PID Landscape Services
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SPECIFICATIONS
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INDEX 8
SPECIFICATIONS
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INDEX 8
SPECIFICATIONS
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s-, purchaseJBid Docs/ITB 16-12991-KM Quincy Park PID Landscape Services
INDEX 9
BID FORM
BID FORM
In compliance with the Invitation to Bid I6-12991-KM, the undersigned Bidder having examined the Invitation to
Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for
ftrnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to
deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered
irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or
alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below
reasonably expected values), or irregularities of any kind. The Invitation to Bid I6-12991-KNI is by reference
incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITEM
QTY
UNIT OF
MEASURE
DESCRIPTION
UNIT COST
EXTENDED COST
(+/-)
1.
29
Annual Maintenance
Cycle
Maintenance during the Growing
Season, herein.
$
¢ Z`1,
as specified
14000
000
2.
104
Annual Maintenance
Trash receptacles, pet waste stations,
Cycle
benches, hardscape, playground, and
concrete maintenance twice weekly,
as specified herein.
3.
5
Annual Maintenance
Fertilizing three times a year and
Cycle
herbicide application twice each
(� e)c�
4 9 , doo
year, as specified herein.
4.
10
Annual Maintenance
Cycle
Maintenance during the non -growing
specified herein.
+ 5o0
` St OC)O
season, as
5.
1
Hourly Rate
Extra work, as specified herein
Total Cost (Items 1-5)
S
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis
for any Item or group of Items shown on the bid.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0 %, net _
calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form,
payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the
receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment
requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated
number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that
meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be
considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged
anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not
include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of
products/services of like quality and quantity; and does not include any provision for discounts to selling agents. if at
any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less
quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier
agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in
which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of
the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing
agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase
S• PurchaseMid DoeslrrB 16-12991-KM Quincy Park PID Landscape Services
INDEX 9
BID FORM
the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in
the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of
Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree
that all terms, conditions, specifications, and pricing would apply?
Other governmental entities that might have interests in this contract are Frenship Independent School
District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech
University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock
will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of
this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly
to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for
another governmental entity's debts. Each governmental entity will order their own materials/service as
needed.
THUS BID IS SUBMITTED BY .-sr -1- .gam s1Q2.m=a corporation organized under the laws of the State of
or a partnership consisting of
or individual
trading as of the City of I,jzjkX&=
Firm: _LkaY -Tr.,uks :Sm&n 4es Ise- iVAr Tom's rego PL-&4G
Address: 61 oN .a!r" 3,TrAErcj
City: Lr.raa4;?C_lc- State: -M*4^5 Zip 7'I`tlo
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
Business Telephone Number_ ck—(0 799 - 3 fe-7-1 FAX:(aX.� -7" -9-1 `t'S
E-mail Address: G 1�yc_�(o�7 40m3 CA!I 0,.t 4. -�o WX
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over S50,000): Date P.O./Contract Issued:
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INDEX 9
BID FORM
RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK
SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
S Purchase/Bid Docs/ITB 16-12991-KM Quincy Patk P1D Landscape Services
INDEX 10
PROPOSED EQUIPMENT LIST
Quincy Park PID Landscape Services
TY
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Contractor]
GENERAL CONDITIONS City of Lubbock
**** PLEASE READ CAREFULLY ****
These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shal I mean the
City of Lubbock.
Rcquirements Contract: During the period of the contract, the Contractor shall provide all the services described in the contract. The
Contractor understands and agrees that this is a requirements contract and that the City shall have no obligation to the Contractor if
no services are required. Any quantities that are included in the scope of work reflect the current expectations of the City for the
period of the contract. The amount is only an estimate and the Contractor understands and agrees that the City is under no obligation
to the Contractor to buy any amount of the services as a result of having provided this estimate or of having any typical or measurable
requirement in the past. The Contractor further understands and agrees that the City may require services in an amount less than or in
excess of the estimated annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the
estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually
used. In making its bid hereunder, the Contractor expressly recognizes the rights of the City provided herein, and further recognizes
that the Contractor shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted.
2 Nonannronriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for
this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or
services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day
of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this
contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract,
cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect
and the City shall not be obligated under this contract beyond the date of termination.
3 Invoices: Contractor shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery.
Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall
be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when
applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457.
Payment shall not be due unless and until the Contractor shall not be in default under the terms of the contract, and until the above
instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING
THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS
WITHOUT ANY ADDITIONS OR SURCHARGES.
4 No Warranty By The City Aeainst Infrineements: As part of the contract for sale, Contractor agrees to ascertain whether goods
manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by
way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give
rise to such a claim, and in no event shall The City be liable to Contractor for indemnification in the event that Contractor is sued on
the grounds of infringement or the like. If Contractor is of the opinion that an infringement or the like will result, he will notify the
City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently
held liable for the infringement or the like, Contractor will save The City harmless. 1fConiractor in good faith ascertains the production
of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void.
5 Gratuities: The City may, by written notice to the Contractor, cancel the contract or purchase order without liability to Contractor if
it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor,
or any agent or representative of the Contractor, to any of icer or employee of the City of Lubbock with a view toward securing a
contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect
to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to anyotherrights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing
such gratuities.
6 Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions
of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood.
7 Assienment-Deleeation: No right or interest in the contract shall be assigned or delegation of any obligation made by Contractor
without the written permission of the City. Any attempted assignment or delegation by Contractor shall be wholly void and totally
ineffective for all purposes unless made in conformity with this paragraph.
8 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each
chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on
the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter502, Texas Health
and SafetyCode Ann. (This Act is corollary to OSHA Standard 29 CRF 1910,1200, which is generally known as the Right to Know
Law.)
9 Waiver No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of
the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.
S: PurchaseJBid Does/rl'B 16.1 n9I KM Quincy Park PID landscape Services
Contractor C,
City of Lubbock 74�
10 Right To Assurance: Whenever one patty to the contract in good faith has reason to question the other party's intent to perform he
may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance
is given within five (5) days, the demanding parry may treat this failure as an anticipatory repudiation of the Contract.
I 1 Unsatisfactory Work: If, at any time during the contract term, the service performed or work done by the Contractor is considered by
the City to create a condition that threatens the health, safety, or welfare of the community, the Contractor shall, on being notified by
the City, immediately correct such deficient service or work. In the event the Contractor fails, after notice, to correct the deficient
service or work immediately, the City shall have the right to order the correction of the deficiency by separate contract or with its own
resources at the expense of the Contractor.
12 li=: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by
Contractor to meet the time specifications of the contract will cause Contractor to be in default of the contract.
13 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and
that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be
made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production
to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
14 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all
injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or
accrue against the City in consequence of the granting of the contract or which may anywise result there from, whether or not it shall
be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor
or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all
costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the
City in any such action, the Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that
any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and
save harmless and defend the City as herein provided.
15 Termination: The City may terminate the contract or purchase order in whole, or in part Termination hereunder shall be effected by
the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is terminated and
the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller
shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services
actually performed under and in compliance with the terms of the contract or purchase order.
16 NON -ARBITRATION: The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall
not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein
are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
17 Environmental Stewardshin: The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to
demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations,
and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide
services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by
the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers
agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural
resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or
material, City contractors and suppliers, as well as any subcontractors under their supervision, will:
• minimize waste and pollution generation; conserve natural resources and energy;
• minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products;
• use the highest available post -consumer content materials and products;
• recycle and/or reuse as much as is possible, waste materials;
• incorporate into project design energy efficient fixtures, appliances and mechanical equipment
18 The City Right to Audit
At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of
Texas, at its expense and at reasonable tithes, reserves the right to audit Contractor's records and books relevant to all services provided
to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall
refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves
the right to deduct such amounts owing the City from any payments due Contractor.
19 House Bill 2015signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a
person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to
subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental
contract will be penalized S200 for each individual that has been misclassified. Governmental entities may want to include information
S: PurchaWBid Do&r M 16.12991-KM Quincy Park PID landscape Services
Contractor
City of Lubbock
on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas
Government Code Section 2155.001).
20 AcLenina or Subl t in the Contract
The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of
Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof
on insurance from the Subcontractor that complies with all contract insurance requirements.
S: Purchue/Bid Docs/rM 16-12991-KM Quincy Paris PID Landscape Services
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-135056
Date Filed:
11/09/2016
Date Acknowledged:
11/10/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
West Texas Services, Inc. DBA Toms Tree Place
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City Of Lubbock
3
Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
12991
Landscape Services
4
Name of Interested Pa
Party
City, State, Count lace of business
y Country (p )
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos. 1- a and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-135056
Date Filed:
11/09/2016
Date Acknowledged.
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
West Texas Services, Inc. DBA Toms Tree Place
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City Of Lubbock
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
12991
Landscape Services
4 Name of Interested PartY
City, State, Country (place of business)(check
Nature of interest
applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
n
�'tr:rfi F. JACK BRANHAM t
•i ; • My Notary ID # U09770 L 61
,•`•-L� �& T
, ti;tI�' Expires August 17, 2020 Signature of authorized agent of tractmg business entity
AFFIX NOTARY STAMP /SEAL ABOVE � n Q �; y� `,�
q4k
Swor t and subscribed before me, by the said 3 V� 1 w+ I��l i� this the day o "
20�, to certify which, witness my hand and seal of office.
roL ) S reams,
Signature of officer administering oat Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277