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Resolution - 2010-R0043 - Contract 9380 West Texas Maintenance For Turf Maintenance - 01_28_2010 (3)
Resolution No. 2010-R0043 January 28, 2010 Item No. 5.27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9380 for parks turf maintenance per ITB 10-029-DD, by and between the City of Lubbock and West Texas Maintenance 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 this 28th day of January _ , 2010. TOM MARTIN, MAYOR ATTEST: .p. Q�� - `Garza, City Secretary APPROVED AS TO CO Scott Snider, Assistant City Manager Community Development AS TO FORM: jChad Weaver, Assistant City Attorney ccdocs.'RES.Contract-West Texas Maintenance uary 6, 2010 r-- City ofLubbock PURCHASING AND CONTRACT MANAGEMENT SUITE 204, MUNICIPAL BUILDING 1625 I3"" STREET LUBBOCK, TEXAS 79401 PH:(806)775-2168 FAX:(806)775-3326 http://purchasing.ci.lubbock.tx,us DATE ISSUED: CLOSE DATE: ITB-10-029-DD, Addendum # I ADDENDUM # 1 ITB-10-029-DD Parks Turf Maintenance Contract �®D`�3 December 16, 2009 December 22, 2009 @ 3:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidders attention is directed to the following: Any reference in the bid documents or on the bid submittal form, regarding a bid bond is to be DELETED. 2. In GENERAL INSTRUCTIONS TO OFFERORS, paragraph 1, section 1.1, CHANGE the second sentence to read as follows: Sealed bids will be received no later than 3:00 p.m., December 22, 2009 at the office listed below. All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to ddoss amylubbock.us. THANK YOU, CITY OF LUBBOCK Van&W 90" Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidders responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB-10-029-DDad I City of Lubbock PURCHASING AND CONTRACT MANAGEMENT SUITE 204, MUNICIPAL BUILDING 1625 13" STREET LUBBOCK, TEXAS 7940I PH:(806)775-2168 FAX:(806)775-3326 http://purchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: ITB-10-029-DD, Addendum # 2 ADDENDUM # 2 ITB-10-029-DD Parks Turf Maintenance Contract December 16, 2009 December 22, 2009 @ 3:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidders must submit the*** REVISED*** BID SUBMITTAL FORM, attached. All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to ddossammylubbock.us. THANK YOU, CITY OF LUBBOCK Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidders responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. IITB-10-029-DDad2 INDEX 4 **** REVISED ****BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS DATE: PROJECT NUMBER: 1TB-10-029-DD - PARKS TURF MAINTENANCE CONTRACT Bid of (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 PARKS TURF MAINTENANCE CONTRACT 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 CLASS A PARKS AND PROPERTIES: UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/M MAINT. CYCLE UNIT COST EXTENDED COST A -REELED BAGGED 1. GATEWAY PLAZA BROADWAY & AVE Q (NE Corner) 0.50 29 EA $ $ 2. BROADWAY ANNEX BROADWAY & AVE Q SW Corner 0.34 29 EA $ $ 3. WALK OF FAME PLAZA 8TH & AVE Q 0.25 29 EA $ $ (NON -BAGGED) PROPERTIES: 4. UNIVERSITY MEDIANS UNIVERSITY MAIN ST TO 19TH 1.0 29 EA $ $ 5. PATTERSON LIBRARY 1836 PARKWAY DR. 4.85 29 EA $ $ 6. GROVES LIBRARY 5520 19TH 1.85 29 EA $ $ 7. SLIDE RD MEDIANS SLIDE RD. (4TH TO NORTH LOOP 289) 3.75 29 EA $ $ 8. BROADWAY MEDIANS BROADWAY & Q AND BROADWAY & MLK 0.25 29 EA MACKENZIE PARK 9. AMPHITHETER 423 EAST BROADWAY 1.95 29 EA $ $ 10. MACKENZIE TERRACE BROADWAY AND DATE 1 2.60 1 29 1 EA $ $ 11. WALK OF FAME FOUNTAIN 8TH & AVE Q 1.22 29 EA $ $ 1 INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP CLASS B PARKS AND PROPERTIES UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/M MAINT. CYCLE UNIT COST EXTENDED COST CLASS B- ROTARY NON -BAGGED 12. N. MACKENZIE CONNIE MACK HARDBALL FIELD (INCLUDING IN BETWEEN FIELDS) MUNICIPAL & PARK RD 18 1.9 25 EA $ $ 13. N. MACKENZIE FAST PITCH BASEBALL FIELDS (INCLUDING IN BETWEEN FIELDS) MUNICIPAL & PARK RD 18 4.2 25 EA $ $ 14. N. MACKENZIE SOFTBALL FIELDS 5, 6, & 7, (INCLUDING IN BETWEEN FIELDS) MUNICIPAL & PARK RD 18 5.6 25 EA $ $ 15. HELEN HODGES PARK & BASEBALL FIELDS MARSHALL & UNIVERSITY 13.1 25 EA $ $ 16. BERL HUFFMAN ATHLETIC COMPLEX N. LOOP 289 AND LANDMARK 124.0 25 EA $ $ 17. AVE X TRIANGLE 16TH & AVE X 0.3 25 EA $ $ 18. AUDITORIM-COLISUEM 4TH & BOSTON 5.0 25 EA $ $ 19. MLK LITTLE LEAGUE E 19TH & ASPEN AVE 8.6 25 EA $ $ 20. RODGERS (BAGGING SWIMMING POOL) 3200 BATES 8.55 25 EA $ $ 21. CIVIC CENTER-MAHON LIBRARY 9TH & AVE P 15.0 25 EA $ $ 22. AVENUE O MEDIAN AVE O, 6TH TO IOTH .5 25 EA $ $ 23. SOUTH PARKING LOT 9TH & AVE K .25 25 EA $ $ 24. GAZEBO 9TH & AVE K .25 25 EA $ $ 25. NORTHWEST LITTLE LEAGUE 903 NORTH UNIVERSITY AVENUE 5.63 25 EA $ $ GROUP l CLASS A & B ITEMS 1-25 TOTAL COST: 211.44 $ INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS �- GROUP 2 CLASS A PARKS AND PROPERTIES: UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES APPROXIMATE U/M MAINT. CYCLE UNIT COST EXTENDED COST A -REELED BAGGED 1. GARDEN & ARTS TEA 44TH & UNIVERSITY 0.25 1 29 1 EA $ $ (NON -BAGGED) PROPERTIES: 2. MILWAUKEE MEDIANS MILWAUKEE & BROWNFIELD HIGHWAY TO SPUR 327 0.50 29 EA $ $ 3. MLK AVENUE MEDIANS MLK, 2200-2300 BLOCK 0.50 29 EA $ $ 4. INDIANA MEDIANS INDIANA,(19TH-34TH) 0.80 29 EA $ $ 5. UNIVERSITY MEDIANS UNIVERSITY (19TH TO 34TH) 3.0 29 EA $ $ 6. UNIVERSITY MEDIANS UNIVERSITY 34TH TO 50TH) 2.0 29 EA $ $ 7. UNIVERSITY CORNER 19TH & UNIVERSITY 0.50 29 EA $ $ GROUP2 CLASS B PARKS AND PROPERTIES UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES APPROXIMATE U/M MAINT. CYCLE UNIT COST EXTENDED COST CLASS B - ROTARY (BAGGED) 8. CLAPP SWIMMING POOL 4502 AVE. U 0.25 25 EA $ $ CLASS B - ROTARY NON -BAGGED 9. HAMILTONPARK& SOFTBALL FIELD 22ND & AVE X 6.6 25 EA $ $ 10. STUBBS PARK & SOFTBALL FIELDS 36TH & AVE N 8.0 25 EA $ $ 11. HOOD PARK & SOFTBALL FIELDS 23RD & AVE Q 11.66 25 EA $ $ 12. LEWIS PARK & LITTLE LEAGUE BASEBALL FIELDS 54TH & AVE J 8.4 25 1 EA $ $ INDEX 4 GROUP 2 i **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS - -' CLASS B PARKS AND PROPERTIES UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) Um MAINT. CYCLE UNIT COST EXTENDED COST 13. MCALLISTER B.B. 56TH & FRANKFORD 5.4 25 EA $ $ 14. CAVAZOS BASEBALL FIELDS BROWNFIELD & SPUR 327 7.0 25 EA $ $ 15. MLK LITTLE LEAGUE FIELD 24TH & MLK 2.0 25 EA $ $ 16. TECH TERRACE 23RD & FLINT 18.0 25 EA $ $ 17. TRINITY BASEBALL 40TH & UNIVERSITY 2.65 25 EA $ $ 18 RIBBLE 62ND & TEMPLE 18.02 25 EA $ $ 19 DAVIS 40TH & NASHVILLE 8.2 25 EA $ $ 20. MAXEY (BAGGING SWIMMING POOL) 30TH AND NASHVILLE 70.89 25 EA $ $ 21. YOUTH SPORTS COMPLEX BASEBALL FIELDS DEVELOPED 6204125TH 41.75 25 EA $ $ GROUP 2 CLASS A & B ITEMS 1-21 TOTAL COST: 216.37 25 EA $ GROUP3 CLASS C PARKS AND PROPERTIES: UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES APPROXIMATE U/M MAINT. CYCLE UNIT COST EXTENDED COST l . QUINCY MEDIANS 82ND & QUINCY (82ND-96TH) 93RD & Pontiac to 96TH 5.62 17 EA $ $ 2. REMINGTON 74TH & ALBANY 14.96 17 EA $ $ 3. 69TH & SLIDE 69TH & SLIDE 1.93 17 EA $ $ 4. McCRUMMEN 19TH & AVE T 2.20 17 EA $ $ 5. CHATMAN HILL ENTRANCE 23RD & AVE A 0.25 17 EA $ $ 6. LUSK E. 25TH & OAK 7.69 17 EA $ $ 7. WASHINGTON E. 22ND & CEDAR 3.5 17 EA $ $ INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS g- GROUP3 CLASS C PARKS AND PROPERTIES: UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/M MAINT. CYCLE UNIT COST EXTENDED COST 8. CARLISLE 28TH & AVE X 4.5 17 EA $ $ 9. CHATMAN E. 29TH & JUNIPER 3.0 17 EA $ $ 10. RAWLINGS 40TH & AVE B 2.5 17 EA $ $ 11. BURNS 23RD AND AVE K 3.0 17 EA $ $ 12. BERRY 36TH & CEDAR 9.1 17 EA $ $ 13. WAGNER 26TH & ELGIN 9.0 17 EA $ $ 14. HINOJOSA 7336 22ND 3.0 17 EA $ $ 15. DURAN, DR. ARMANDO 26TH & KEWANEE 8.37 17 EA $ $ 16. STRONG, JACK & MARY NELL 81ST & AVE. U 7.75 17 EA $ $ 17. UNDERWOOD 74TH & CEDAR 7.70 17 EA $ $ 18. WHEELOCK 40TH & ELGIN 2.0 17 EA $ $ 19. BROWNFIELD TRIANGLE SLIDE & BROWNFIELD 0.3 17 EA $ $ 20. RATLIFF 50TH & CHICAGO 6.26 17 EA $ $ 21. HOEL 84TH & CHICAGO 11.33 17 EA $ $ 22. NEUGEBAUER 83RD &GARDENER 3.3 17 EA $ $ 23. CASEY 66TH & AVE W 8.1 17 EA $ $ 24. CROW 91ST & BELTON 10.17 17 EA $ $ GROUP 3 CLASS C ITEMS 1-24 TOTAL COST: 135.53 $ GROUP4 CLASS C PARKS AND PROPERTIES UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/M MAINT. CYCLE UNIT COST EXTENDED COST l . N. AVE 0 STRIP N. AVE. Q DR. & N. AVE. P 0.25 17 EA $ $ 2. GUADALUPE ENTRANCE 1ST & AVE. J 0.25 17 EA $ $ 3. GUADALUPE 2ND & AVE P 3.66 17 EA $ $ 4. WOODS ERSKINE & ZENITH 11.7 17 EA $ $ 5. GUADALUPE STRIP 1ST & AVE O 4.14 17 EA $ $ 6. CARTER N. GLOBE & N. LOOP 289 3.3 17 EA $ $ 7. SIMS, GLADYS MARLBORO & KING 4.96 17 EA $ $ INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS i-- GROUP 4 CLASS C PARKS AND PROPERTIES UNIT ADDRESS APPROX ACREAG E ANNUAL MAINT CYCLES I U/M MAINT. CYCLE UNIT COST EXTENDED COST 8. REAGAN NAOMI COLGATE ST. & OLIVE AVE. 4.48 17 EA $ $ 9. HOLLINS IST & VERNON 6.4 17 EA $ $ 10. DAVIES N. AVE N & CLEMSON 6.0 17 EA $ $ 11. CANYON RIM BATES & AVE K 2.9 17 EA $ $ 12. SEDBERRY E. I OTH & GUAVA 5.0 17 EA $ $ 13. BUTLER E. 4TH & ZENITH 6.0 17 EA $ $ 14, OVERTON 14TH & AVE U 2.0 17 EA $ $ 15. ROY FURR PIONEER 6TH & AVE T 4.2 17 EA $ $ 16. CARLISLE CEMETERY 7308 19TH 1.1 17 EA $ $ 17. SMITH I STH & CHICAGO 4.3 17 EA $ $ 18. LOPEZ, RICHARD AUBURN & CHICAGO 7.91 17 EA $ $ 19. COOKE, ALEX & VERNA 18TH & KIRBY 7.01 17 EA $ $ 20. WHISPERWOOD 4TH & WHISPERWOOD 5.0 17 EA $ $ 21. BUDDY HOLLY REC AREA N. UNIVERSITY & CANYON LAKE RD. 5.0 17 EA $ $ 22. FIESTA PLAZA 911 N. UNIVERSITY 12.0 17 EA $ $ 23. MAEDGEN 1 ST & BOSTON 4.51 17 EA $ $ 24. DETROIT AVE. STRIP CLOVIS HWY. TO2ND PLACE 1.1 17 EA $ $ 25. RCA (DEVELOPED) 15TH & INLER 3.01 17 EA $ $ 26. ANIMAL SHELTER 401 N. ASH 1.0 17 EA $ $ GROUP 4 - CLASS C ITEMS 1-26 TOTAL COST: 117.18 $ GROUPS CLASS C PARKS AND PROPERTIES: UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT. CYCLES U/M MAINT. CYCLE UNIT COST EXTENDED COST 1. MACKENZIE PARK 301 1-27 248 17 EA $ $ 2. MAE SIMMONS (EXCLUDING BASE BALLFIELD) & (INCLUDING SWIMMING POOL) E. 23RD & OAK 98.3 17 EA $ $ INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP5 CLASS C PARKS AND PROPERTIES: UNIT ANNUAL EXTENDED ADDRESS APPROX. MAINT. MAINT. COST ACREAGE CYCLES CYCLE (Approximate U/M UNIT COST IST & AVE. K & ALONG CANYON LAKE RD 3. ATZLAN/ATZLAN CORRIDOR BENEATH I-27 31.5 17 EA $ $ GROUP 5 CLASS C $ ITEMS 1-3 377.80 TOTAL COST: GROUP 6 CLASS C PARKS AND PROPERTIES: UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT. CYCLES (Approximate) U/M MAINT. CYCLE UNIT COST EXTENDED COST 1. CLAPP, (EXCLUDING HODGES BASEBALL FIELD & SWIMMING POOL) 46TH & AVE U 102.95 17 EA $ $ 2. LEFTWICH 60TH&ELGIN 46.23 17 EA $ $ 3. ELMORE 66TH & QUAKER 43.13 17 EA $ $ 4. ANDREWS 76TH & MEMPHIS 35.5 17 EA $ $ 5. JENNINGS 73RD & WAYNE 34.58 17 EA $ $ 6. DUPREE 58TH & TOLEDO 32.56 17 EA $ $ 7. MILLER MEMPHIS & S. LOOP 289 31.43 17 EA $ $ 8. HIGINBOTHAM 19TH & VICKSBURG 23.42 17 EA $ $ 9. McCULLOUGH 88TH & FLINT 23.33 17 EA $ $ 10. LONG 56TH & ABERDEEN 21.10 17 EA $ $ 11. GUY 87TH & MEMPHIS 20.3 17 EA $ $ 12. STEVENS 75TH & SLIDE 16.66 17 EA $ $ 13. HUNEKE 82ND & NASHVILLE 15.54 17 EA $ $ 14. MAHON 29TH & CHICAGO 15.10 17 EA $ $ 15. KASTMAN JOLIET & LOOP 289 14.45 17 EA $ $ 16. TENNIS CENTER 66TH & GARY 13.4 17 EA $ $ GROUP 6 CLASS C ITEMS 1-16 TOTAL COST: 489.68 $ INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP? CLASS D PARKS AND PROPERTIES: UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT. CYCLES (Approximate) U/M MAINT. CYCLE UNIT COST EXTENDED COST I. CANYON LAKES 1&2, EXCEPT BUDDY HOLLY REC. AREA CANYON LAKE RD. & N. LOOP 289 200 9 EA $ $ 2. CANYON LAKE 3 N. AVE. U & ERSKINE TO N. AVE. Q ON WEST SIDE 128.6 9 EA $ $ 3. CANYON LAKE UNDEVELOPED (40 ACRES) WEST OF WINDMILL CENTER. E. BROAKWAY & CANYON LAKE RD. 40.0 9 EA $ $ 4. CANYON LAKE 6 MLK BLVD & CANYON LAKE RD. 223.7 9 EA $ $ 5. CANYON LAKE UNDEVELOPED N. AVE. P TO I-27 120.0 9 EA $ $ 6. SOUTH MACKENZIE ( SLUDG E PIT) BROADWAY & E. CANYON LAKE RD.ENTRANCE, ON NORTH. & EAST SIDE OF CANYON LAKE RD. 10.82 9 EA $ $ 7. ASH AVE. STRIP E. 23RD & ASH 2.0 9 EA $ $ 8. RADIO CONTROL AIRPORT ( UNDEVELOPED AREA) 15TH & INLER 6.99 9 EA $ $ 9. AVE. L MEDIAN 34TH TO 38TH 1.8 9 EA $ $ 10. CLOVIS TRIANGLE UNIVERSITY & CLOVIS 0.2 9 EA $ $ 11. CANYON LAKE UNDEVELOPED (ANDREWS BUILDING) E. BROADWAY TO E. 19TH, WEST OF LAKE 35.0 9 EA $ $ 12. CANYON LAKE UNDEVELOPED AND SIMMONS WEST OF PLAYGROUND (FARM E. 19TH TO E. 24TH ST. WEST OF LAKE 44.68 9 EA $ $ 13. BUTLER ANNEX 4TH & ZENITH 1.75 9 EA $ $ 14. VAR DO & CYPRESS VARDO & CYPRESS 0.1 9 EA $ $ 15. 78 & ASH 78TH & ASH 13.0 9 EA $ $ 16. SOUTHEAST DR. E. 20 TO CORONADO ST. 1.94 9 EA $ $ 17. PRAIRIE DOG TOWN N. MACKENZIE & MEADOWBROOK GOLF 6.8 9 EA $ $ 18. RIBBLE ANNEX 58TH & TEMPLE 3.2 9 EA $ $ 19. MOSE HOOD ANNEX 24TH & AVE Q 1.2 9 EA $ $ 20. TREE NURSERY WEST OF 2502 UTICA, INALLEY 14.5 9 EA $ $ INDEX 4 GROUP7 REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS .1 CLASS D PARKS AND PROPERTIES: UNIT ADDRESS APPROX. ANNUAL U/M MAINT. EXTENDED ACREAGE MAINT. CYCLE COST CYCLES I UNIT COST (Approximate) 21. WEST WIND IST & FRANKFORD 11.0 9 EA $ $ 22. HORIZON WEST COLGATE & FRANKFORD 4.8 9 EA $ $ 23. UNDEVELOPED LAND MUNICIPAL DR. & ELM 10.0 9 EA $ $ 24. McALLISTER, EXCLUDING BASEBALL FIELDS MILWAUKEE & BROWNFIELD HWY. 259.6 9 EA $ $ 25. HINOJOSA, UNDEVELOPED AREA 733622ND 6.0 9 EA $ $ 26. MUNICIPAL DR & ASH CORNER MUNICIPAL DR. & ASH 4.0 9 EA $ $ 27. CLOVIS RD, TRIANGLES CLOVIS, ON AVE. R & S 0.2 9 EA $ $ 28. 1-27 ANNEX 14TH & B 1.57 9 EA $ $ 29. CANYON LAKE UNDEVELOPED PARKWAY DR. TO EAST BROADWAY 116.7 9 EA $ $ 30. LP&L PARKING LOT MUNICIPAL DR. & MACKENZIE B.B. 1.32 9 EA $ $ 31. REAGAN ANNEX COLGATE & OLIVE 5.0 9 EA $ $ 32. TENNIS CENTER ANNEX 66TH & ELGIN 5.72 9 EA $ $ 33. LUBBOCK YOUTH SPORTS COMPLEX (UNDEVELOPED) 6204125TH 115.43 9 EA $ $ GROUP 7 CLASS D ITEMS 1-33 TOTAL COST: 1397.29 $ GROUP8 CLASS B - BROADWAY STREETSCAPES UNIT ADDRESS APPROX ANNUAL U/M MAINT. EXTENDED AREA MAINT CYCLE COST CYCLES UNIT COST APPROXIMATE 1. BROADWAY STREETSCAPE UNIVERSITY& (NON -BAGGED) BROADWAY TO BROADWAY & MLK BLVD. 2.7 MILES 25 EA $ $ GROUP 8 CLASS B 2.7 MILES $ ITEM 1 TOTAL COST: f INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP8 CLASS C - S.W. LOOP TURNAROUNDS UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/M MAINT. CYCLE UNIT COST EXTENDED COST 2. UNIVERSITY/SOUTHEAST & LOOP 289 & UNIVERSITY 1.85 17 EA 3. UNIVERSITY/SOUTHWEST S. LOOP 289 & UNIVERSITY 0.64 17 EA 4. UNIVERSITY/NORTHWEST S. LOOP 289 & UNIVERSITY 1.53 17 EA 5. UNIVERSITY/NORTHEAST S. LOOP 289 & UNIVERSITY 1.32 17 EA 6. INDIANA / SOUTHEAST S. LOOP 289 & INDIANA 1.42 17 EA 7. INDIANA / NORTHWEST S. LOOP 289 & INDIANA 1.54 17 EA 8. INDIANA/SOUTHWEST S. LOOP 289 & INDIANA 1.22 17 EA 9. INDIANA/ NORTHEAST S. LOOP 289 & INDIANA 1.28 17 EA 10. QUAKER/SOUTHEAST & LOOP 289 & QUAKER 1.92 17 EA 11. QUAKER / NORTEAST S. LOOP 289 & QUAKER 1.41 17 EA 12. QUAKER / NORTHWEST S. LOOP 289 & QUAKER 1.76 17 EA 13.QUAKER/ SOUTHWEST S. LOOP 289 & QUAKER 1.0 17 EA 14. SLIDE / SOUTHEAST QUADRANT S. LOOP 289 & SLIDE 2.04 17 EA $ 15. SLIDE/NORTHWEST QUADRANT S. LOOP 289 & SLIDE 2.75 17 EA $ 16. SLIDE/SOUTHWEST QUADRANT S. LOOP 289 & QUAKER .93 17 EA 17. SLIDE/NORTHEAST QUADRANT S. LOOP 289 & SLIDE 0.78 17 EA $ GROUP 8 CLASS C S.W. LOOP TURNAROUND ITEMS 2-17 TOTAL COST: 23.39 10 INDEX 4 GROUP 8 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS CLASS E RIGHT OF WAY PROPERTY UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT CYCLES APPROXIMATE U/M MAINT. CYCLE UNIT COST EXTENDED COST 18. 4TH &AVE. H (S.E.CORNER) 4TH & AVE. H 0.3 MI 8 EA 19. 19TH RIGHT-OF-WAY AVE, C TO AVE, F .2 MI 8 EA 20. 19TH ST RIGHT-OF-WAY AVE. X TO UNIVERSITY .13 MI 8 EA 21. 19TH ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 1.0 MI 8 EA 22. 19TH ST, RIGHT-OF-WAY INDIANA TO PEORIA 0.7 MI 8 EA $ 23. 19TH ST RIGHT-O&WAY FRANKFORD TO W. LOOP 289 0.22 MI 8 EA $ 24. 34TH ST RIGHT-OF-WAY HICKORY TO GLOBE .11 MI 8 EA $ 25. 34TH ST RIGHT-OF-WAY AVE G. TO I-27 1.0 MI 8 EA $ $ 26. 34TH ST RIGHT-OF-WAY 1-27 TO AVE. J .90 MI 8 EA $ 27. 34TH ST RIGHT-OF-WAY AVE. X TO UNIVERSITY 0.13 MI 8 EA $ $ 28. 34TH ST RIGHT-O&WAY UNIVERSITY TO AKRON .12 MI 8 EA $ 29. 34TH ST RIGHT-OF-WAY VICKSBURG TO SLIDE .37 MI 8 EA $ $ 30. 34TH ST RIGHT-OF-WAY FRANKFORD TO HYDEN 0..48 MI 8 EA 31. 29TH DR. RIGHT-OF-WAY 34TH TO MARSHA SHARP FREEWAY 0.22 MI 8 EA $ 32. 50TH ST RIGHT-OF-WAY AVE C TO I-27 .35 MI 8 EA 33. 50TH ST RIGHT-OF-WAY 1-27 TO AVE Q 0.59 MI 8 EA 34. 50TH ST RIGHT-OF-WAY AVE W TO UNIVERSITY 0..25 MI 8 EA $ $ 35. 50TH ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 1.0 MI 8 EA $ $ 36. 50TH ST RIGHT-OF-WAY INDIANA TO QUAKER 1.0 MI 8 EA 37. 50TH ST RIGHT-O&WAY WAYNE TO SLIDE INCLUDING 3 MEDIANS @ INTERSECTION .25 MI 8 EA 38. N. MLK RIGHT-OF-WAY REGIS TO MUNICIPAL DRIVE HARDSURFACE & LANDSCAPE MEDIANS 2.04 MI 8 EA 39. MLK RIGHT-OF-WAY E. 2ND TO E. 4TH 0.28 MI 8 EA $ $ 40. MLK RIGHT-OF-WAY E. 19TH THROUGH 37TH 1.3 MI 8 EA 41. E. 26TH ST OVERPASS SLOPES & ADJACENT GROUNDS E. 24TH TO E. 26TH 0.3 MI 8 EA GRP. 8 CLASS E ITEMS 18-41 TOTAL COST: 11 t INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUPS CLASS E RIGHT OF WAY PROPERTY UNIT ADDRESS APPROX. ANNUAL U/M MAINT. EXTENDED ACREAGE MAINT CYCLE COST CYCLES UNIT COST (APPROXIMATE) 42. AVE A RIGHT-OF-WAY UNDERPASS BETWEEN 13TH & 16TH ST. 0.19 MI 8 EA 43. AVE A RIGHT-OF-WAY 51 ST TO 60TH 0.63 MI 8 EA $ 44. AVE H UNDERPASS 4TH TO 7TH 0.20 MI 8 EA $ 45. TEXAS AVE UNDERPASS 4TH TO 7TH 0.22 MI 8 EA 46. AVE L RIGHT-OF-WAY 4TH TO 8TH 0.28 MI 8 EA $ 47. AVE O RIGHT-OF-WAY 4TH TO 6TH 0.15 MI 8 EA $ 48. CLOVIS & AVE Q MEDIAN AVE Q & CLOVIS RD. 0.02 MI 8 EA $ 49. CLOVIS & INDIANA MEDIAN INDIANA & CLOVIS RD. S.E.CORNER MEDIAN .01 MI 8 EA 50. UNIVERSITY RIGHT-OF-WAY N. LOOP 289 TO ERSKINE 1.0 MI 8 EA $ 51. UNIVERSITY RIGHT-OF-WAY CLOVIS TO DARTMOUTH 0.07 MI 8 EA $ 52. UNIVERSITY RIGHT-OF-WAY MAC DAVIS TO 9TH .19 MI 8 EA 53. UNIVERSITY RIGHT-OF-WAY 17TH TO 19TH .14 MI 8 EA 54. UNIVERSITY RIGHT-OF-WAY 19TH TO 20TH .09 MI 8 EA 55. UNIVERSITY RIGHT-OF-WAY 38TH TO 44TH .38 MI 8 EA $ 56. UNIVERSITY RIGHT-OF-WAY 46TH TO 50TH .25 MI 8 EA $ 57. UNIVERSITY RIGHT-OF-WAY 50TH TO S. LOOP 1.34 MI 8 EA $ 58. SLIDE ROAD RIGHT-OF-WAY 60TH TO S. LOOP .31 MI 8 EA $ 59. ERSKINE AVE FRANKFORD TO MILWAUKEE 1.0 MI 8 EA $ $ 19.71 MI GRP. 8 CLASS E ITEMS 18-41 TOTAL COST: GROUP 8 CLASS B, C & E ITEMS 42-59 TOTAL COST: 1% INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP 9 CLASS B -CEMETERY UNIT ADDRESS APPROXLAR NUAL Ulm MAINT. EXTENDED ACREAGEAINT CYCLE COST YCLES UNIT COST OXIMATE BASE BID CITY OF LUBBOCK CEMETERY $ $ 2011 EAST 31 ST STREET 160 25 EA ADDITIVE OPTION 2011 EAST 31ST 25 EA $ $ CITY OF LUBBOCK CEMETERY STREET GROUP 9- CLASS B 160 $ TOTAL COST: GROUP 1, TOTAL COST ($ ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) GROUP 2, TOTAL COST ($ (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) GROUP 3, TOTAL COST ($ (Amount shall be shown in both words and numerals. In case ofdiscrepancy, the amount shown in words shall govern.) GROUP 4, TOTAL COST ($— (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) GROUP 5, TOTAL COST ($ (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) GROUP 6, TOTAL COST ($ (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) GROUP 7, TOTAL COST ($ (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) GROUP 8, TOTAL COST ($ (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) GROUP 9, BASE ONLY, TOTAL COST ($ ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) GROUP 9, ADDITIVE OPTION ONLY, TOTAL COST (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 13 INDEX 4 **** REVISED ****BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS 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. 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 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. 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) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Telephone: Fax: Zip Code M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) 14 CITY OF LUBBOCK INVITATION TO BID •, TITLE: PARKS TURF MAINTENANCE CONTRACT ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 10-029-DD PROJECT NUMBER: 5221.8313 CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT INDEX 1. TABLE OF CONTENTS 2. NOTICE TO BIDDERS 3. GENERAL INSTRUCTIONS TO BIDDERS 4. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 5. STATUTORY BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. SPECIFICATIONS 10. TURF MAINTENANCE GROUPS 11. PROPOSED EQUIPMENT FOR CONTRACT TURF MAINTENANCE 12. PAYMENT REQUEST FOR TURF MAINTENANCE 13. WRITTEN HAZARDOUS COMMUNICATION PROGRAM INDEX 1 TABLE OF CONTENTS INDEX 2 NOTICE TO BIDDERS.................................................................I INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS........................................I BidDelivery, Time & Date...............................................................................................1 PreBid Meeting.....................................................................................................1 Agenda& Modifications............................................................................................1 Examination of Documents and Requirements.......................................................................2 BidPreparation Costs....................................................................................................2 Trade Secrets, Confidential Information and The Texas Public Information Act.......................................2 Licenses, Permits, Taxes................................................................................................................3 Utilization of Local Business Resources...............................................................................................3 Conflictof Interest........................................................................................................................3 ContractDocuments......................................................................................................................3 PlansFor Use By Bidders................................................................................................................3 Bidder Inquiries and Clarification of Requirements..................................................................................3 Time and Order For Completion.......................................................................................................4 Payment....................................................................................................................................4 Affidavitsof Bills Paid..................................................................................................................4 Materials and Workmanship............................................................................................................4 Guarantees.................................................................................................................................4 Plans For The Contractor...............................................................................................................4 ProtectionOf The Work.................................................................................................................4 TexasState Sales Tax....................................................................................................................5 Protection Of Subsurface Lines and Structures.......................................................................................5 Barricades and Safety Measures........................................................................................................5 Contractor's Representative.............................................................................................................5 Insurance................................................................................................................................... 5 Laborand Working Hours...............................................................................................................6 Provisions Concerning Escalation Clauses............................................................................................6 PreparationFor Bid.......................................................................................................................6 Bound Copy of Contract Documents....................................................................................................7 Qualificationsof Bidders.................................................................................................................7 BidAward..................................................................................................................................8 INDEX 4 BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS.....................2 BidSubmittal...............................................................................................................................2 INDEX 5 CERTIFICATE OF INSURANCE.....................................................I Certificate ofInsurance ....................................................................................................................1 INDEX 6 CONTRACT..............................................................................I Contract................................................................................................................................. 1 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT ............................1 INDEX 1 TABLE OF CONTENTS Definitions.............................................................................................................................. I Owner....................................................................................................................................2 Contractor................................................................................................................................2 Owner's Representative................................................................................................................2 ContractDocuments....................................................................................................................2 Interpretationof Phrases................................................................................................................2 Subcontractor............................................................................................................................2 WrittenNotice...........................................................................................................................3 Contractor's Responsibilities..........................................................................................................3 CitizenContact..........................................................................................................................3 SubstantiallyComplete.............................................................. ..............3 Clean-up.................................................................................................................................4 MowingSchedules.....................................................................................................................4 Litter......................................................................................................................................4 RightOf Entry ...........................................................................................................................4 Identification and Character...........................................................................................................4 Owner's Representative's And Agent(s) Authority and Duty ......................................................................5 Superintendence & Inspection.........................................................................................................5 1J, Contractor's Duty and Superintendence.............................................................................................5 Contractor's Understanding............................................................................................................5 Labor, Equipment, and Materials.....................................................................................................6 Propertyand Boundary .................................................................................................................6 Terminationof Contract................................................................................................................7 Defects& Their Remedies............................................................................................................7 Changesand Alterations................................................................................................................7 Extrawork...............................................................................................................................7 UnauthorizedWork.....................................................................................................................8 Discrepancies& Omissions............................................................................................................8 Right of Owner To modify Methods & Equipment................................................................................ 9 Protection Against Accident To Employees & The Public & General Indemnity ..............................................9 Contractor's Insurance..................................................................................................................9 ProofOf Coverage.....................................................................................................................13 DisabledEmployees..................................................................................................................15 Protection Against Claims of Subcontractors, Laborers, Material men, & Fumishers of Machinery, Equipment& Supplies................................................................................................................15 Protection Against Royalties or Patent Invention.................................................................................16 Lawsand Ordinances..................................................................................................................16 Advertising..............................................................................................................................16 Subcontracting..........................................................................................................................17 Time For Substantial Completion....................................................................................................17 Time& Order Of Completion........................................................................................................17 TimeOf Performance..................................................................................................................17 Hindranceand Delays......................................................... :........................................................ 18 I, Quantities & Measurements............................................................................................................18 Protection Of Adjoining Property ......................................................................................................18 Price For Work...........................................................................................................................19 4 , 1 Payments..................................................................................................................................19 PaymentWithheld.......................................................................................................................19 Contractor Default Owner's Right To Suspend Work & Annual Contract.....................................................20 ..1 FinalInspection.........................................................................................................................20 SpecialEvents...........................................................................................................................21 Claimor Disputed Work...............................................................................................................21 } Non -Compliance and/or Abandonment by Contractor.............................................................................22 Limitation on Contractor's Remedy..................................................................................................23 Maintaining Work Schedules. SpecialConditions......................................................................................................................23 Loss or Expense Due To Unusual Or Unanticipated Circumstances............................................................23 i INDEX 1 TABLE OF CONTENTS Independent Contractor................................................................................................................23 No Waiver of Right Or Estoppel......................................................................................................24 Hazardous Substances and Asbestos.................................................................................................24 Non-Appropriation.....................................................................................................................24 Suspension By Court Order Against City...........................................................................................25 ContractTerm...........................................................................................................................25 NoticeTo Proceed......................................................................................................................25 Weather...................................................................................................................................2 5 SpecificationChange...................................................................................................................25 ChangedCondition.....................................................................................................................26 ForceMajeure...........................................................................................................................26 Severability..............................................................................................................................26 Presumption Against Scrivener.......................................................................................................27 INDEX 8 SPECIFICATIONS......................................................................28 Maintenancestandards......................................................................................................................................................28 INDEX 9 TURF MAINTENANCE GROUPS.................................................40 Group1...................................................................................................................................40 Group2....................................................................................................................................41 Group3....................................................................................................................................43 Group4....................................................................................................................................44 Group5....................................................................................................................................45 Group6....................................................................................................................................46 Group7....................................................................................................................................47 Group8....................................................................................................................................49 Group9....................................................................................................................................53 INDEX 10 PROPOSED EQUIPMENT FOR CONTRACT TURF MAINTENANCE..55 Proposed Equipment For Contract Turf Maintenance...............................................................................55 INDEX 11 PAYMENT REQUEST FOR TURF MAINTENANCE .........................56 Payment Request For Turf Maintenance...............................................................................................56 INDEX 12 WRITTEN HAZARDOUS COMMUNICATION PROGRAM.................I Written Hazardous Communication Program...........................................................................................1 INDEX 2 NOTICE TO BIDDERS ITB-10-029-DD Sealed bids addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on December 22, 2009, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all Work for the following described project: "PARKS TURF MAINTENANCE CONTRACT" Bids are due at 3:00 o'clock p.m. on December 22, 2009, and the City of Lubbock City Council will consider the bids on January 28, 2009, at City Hall, 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. 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 December 15, 2009 at 9:00 o'clock A.M., in the Parks Department Conference Room at 1010-91h 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 Purchasing Manager 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. 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 this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in 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. CITY OF LUBBOCK ,s MARTA ALVAREZ PURCHASING MANAGER INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish the Parks Turf Maintenance Contract per the attached Specifications and contract documents. Sealed bids will be received no later than 3:00 p.m., December 22, 2009 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 10-029-DD, PARKS TURF MAINTENANCE CONTRACT" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain that bids are delivered to the Purchasing & Contract p g g 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 he/she use some sort of delivery t 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 T 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 meeting will be held at 9:00 a.m., December 15, 2009 at the Parks Conference Room 1010-91h 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. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.Bidsync.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 http:r'/www.Bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO t 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 i closing date. 13 14 15 16 17 1-:1 19 INDEX 3 t GENERAL INSTRUCTIONS TO BIDDERS 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. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to 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. �£ 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 t F 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. 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. PLANS FOR THE CONTRACTOR i 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. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, nj 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 E 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. 4 ' INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS 20 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. 21 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. 22 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. 23 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. 24 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 coverage's shall be submitted before contract execution. 1: 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 BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF 25 26 27 INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS 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 mess 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 y 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 i 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 •.i 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 t 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 i 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 i' INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS 27.3.2 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. a, 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. 28 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) 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. 29 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 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. (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 City of Lubbock Specifications in mind. Demonstration of experience shall include a complete list of ALL similar 7 30 INDEX 3 GENERAL INSTRUCTIONS TO BIDDERS 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 F 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. 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 4 *"** REVISED ****BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS DATE: 12 - 22 - avo s PROJECT NUMBER: ITB-I0-029-DD - PARKS TURF MAINTENANCE CONTRACT Bid of [ �S� /�xas /'/A2.vT.�_�✓Aaa= (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 PARKS TURF MAINTENANCE CONTRACT 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 fillnish 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 CLASS A PARKS AND PROPERTIES: UNrr ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES APPROXIMATE UIM MAINT. CYCLE UNIT COST EXTENDED COST A -REELED BAGGED 1. GATEWAY PLAZA BROADWAY & AVE Q E Corner 0.50 29 EA $ of 0 D $ 15 8 o 0 2. BROADWAY ANNEX BROADWAY & AVE Q SW Comer 0.34 29 EA I $ O O $ 53O 0 3. WALK OF FAME PLAZA 8TH & AVE Q 0.25 29 EA $ 1 0 p $ C1 QQ NON -BAGGED PROPERTIES: 4. UNIVERSITY MEDIANS UNIVERSITY MAIN ST TO 19TH 1.0 29 EA $ C7 $ 1 a S 0 5. PATTERSON LIBRARY 1836 PARKWAY DR 4.85 29 EA $ U $ O 6. GROVES LIBRARY 552019TH 1.85 29 EA $ oZ 5 C 7 $ 5 v 7. SLIDE RD MEDIANS SLIDE RD. (4TH TO NORTH LOOP 289) 3.75 29 EA $ 3 1 5 $ 1 D 3 1 5 8. BROADWAY BROADWAY & Q 29 1 S o Ll 3 S o MACKENZIE PARK 9. AMPHITHETER 423 EAST BROADWAY 1.95 29 EA $ 10 C -0 j $ d i) po 10. MACKENZIE TERRACE BROADWAY AND DATE 2.60 29 EA $ $ 11. WALK OF FAME FOUNTAIN 8TH & AVE Q 1.22 29 EA $ =10 0 Is 5900 INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP CLASS B PARKS AND PROPERTIES UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES APPROXIMATE U/M MAINT. CYCLE UNIT COST EXTENDED COST CLASS B - ROTARY ON -BAGGED 12. N. MACKENZIE CONNIE MACK HARDBALL FIELD (INCLUDING IN BETWEEN FIELDS) MUNICIPAL & PARK RD 18 1.9 25 EA $ 5 0 $ 1.4 A S o 13. N. MACKENZIE FAST PITCH BASEBALL FIELDS (INCLUDINGFIL•IN BETWEEN &PARKIRD 18 4.2 1 25 EA $ O $ 6 A S Q 14. N. MACKENZIE SOFTBALL FIELDS 5, 6, & 7, (INCLUDING IN BETWEEN FIELDS) MUNICIPAL & PARK RD 18 56 25 EA $ a 5 0 $ 'Aso 15. HELEN HODGES PARK & BASEBALL FIELDS MARSHALL & UNIVERSITY 13.1 25 EA $ 500 $ IA 5 00 16. BERL HUFFMAN ATHLETIC COMPLEX N. LOOP 289 AND LANDMARK 124.0 25 EA $ 5 O O $ S U O 17. AVE X TRIANGLE 16TH & AVE X 0.3 25 EA $ 100 $ 18. AUDITORIM-COLISUEM 4TH & BOSTON 5.0 25 EA $ ® $ c) 19. MLK LITTLE LEAGUE E 19TH & ASPEN AVE 8.6 25 EA $ 500 $ 20. RODGERS (BAGGING SWIMMING POOL) 3200 BATES 8.55 25 EA $ 5 c) $ 5 O 21. CMC CENTER-MAHON LIBRARY 9TH & AVE P 15.0 25 EA $ O $ 00 22. AVENUE O MEDIAN AVE O 6TH TO LOTH .5 25 EA $ 00 $ 23. SOUTH PARKING LOT 9TH & AVE K .25 25 EA $ C>o $ a soo 24. GAZEBO 9TH & AVE K .25 25 EA $ Q $ 25. NORTHWEST LITTLE LEAGUE 903 NORTH UNIVERSITY AVENUE 5.63 25 EA $ Q $ I A, 5 00 GROUP 1 CLASS A& B ITEMS 1-25 TOTAL COST: 211.44 Is d L9 C,1 -1 S INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP2 CLASS A PARKS AND PROPERTIES: UNIT ADDRESS APPROX ACREAGE ANNUAL MAUff CYCLES APPROXIMATE U/M MAtNT. CYCLE UNIT COST EXTENDED COST A -REELED BAGGED 1. GARDEN & ARTS TEA 44TH & UNIVERSITY 0.25 29 EA $ ,� o U $ S 800 NON -BAGGED PROPERTIES: 2. MILWAUKEE MEDIANS MILWAUKEE & BROWNFIELD HIGHWAY TO SPUR 327 0.50 29 EA $ 1 Q 0 $ Qc1 0 3. MLK AVENUE MEDIANS MLK, 2200-2300 BLOCK 0.50 29 EA $ a (7 O $ sgoo 4. INDIANA MEDIANS INDIANA, 19TH-34TH 0.80 29 EA $pt C)® $,sgoo 5. UNIVERSITY MEDIANS UNIVERSITY 19TH TO 34TH 3.0 29 EA $ :i C) o q $ S O 0 6. UNIVERSITY MEDIANS UNIVERSITY 34TH TO 50 2.0 29 EA $ -C1 0 o $ S 0 �j 00 7. UNIVERSITY CORNER 19TH & UNIVERSITY 0.50 29 EA $ $ S GROUP2 CLASS B PARKS AND PROPERTIES UNIT ADDRESS APPROX ACREAGE ANNUAL MARVT CYCLES APPROXIMATE U/M MAINT, CYCLE UNIT COST EXTENDED COST CLASS B - ROTARY (BAGGED) 8. CLAPP SWIMMING POOL 4502 AVE. U 0.25 25 EA $ 15D $ 3`1 S d CLASS B - ROTARY NON -BAGGED 9, HAMILTON PARK & SOFTBALL FIELD 22ND & AVE X 6.6 25 EA $ o o $ --I S o o 10. STUBBS PARK & SOFTBALL FIELDS 36TH & AVE N 8.0 25 EA 7t, $ $ q 3 -1'5 1 I . HOOD PARK & SOFTBALL FIELDS 23RD & AVE Q 11.66 25 EA $ 5 0 0 $ 1 S ®c) 12. LEWIS PARK & LITTLE LEAGUE BASEBALL FIELDS 54TH & AVE J 8.4 25 EA $400 $ i obo o 3 No Text t_1 INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP 2 CLASS B PARKS AND PROPERTIES UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) Um MARNT. CYCLE UNIT COST EXTENDED COST 13. MCALLISTER B.B. 56TH & FRANKFORD 5.4 25 EA $ S o $ y --1 S 0 14_ CAVAZOS BASEBALL FIELDS BROWNFIELD & SPUR 327 7.0 25 EA $ L4 c) o $ 1 Q Q0 15. MLK LITTLE LEAGUE 24TH & MLK 2.0 25 EA $ 3FIELD OO $ ,Sod 16. TECH TERRACE 23RD & FLINT 18.0 25 EA $ 0 o o $ a 00 C) 17. TRINITY BASEBALL 40TH & UNIVERSITY 2.65 25 EA $ $ 18 RIBBLE 62ND & TEMPLE 18.02 25 EA $ $ , Co o o a 19 DAVIS 40TH & NASHVILLE 8.2 25 EA $ $ 20. MAXEY (BAGGING SWIMMING POOL) 30TH AND NASHVILLE 70.89 25 EA $ $ S Le A S 0 21. YOUTH SPORTS COMPLEX BASEBALL FIELDS DEVELOPED 6204125TH 41.75 25 EA $ a Q c) Q C $ S 000 Uv GROUP 2 CLASS A & B ITEMS 1-21 TOTAL COST: 216.37 25 EA S a13 3 a 5 GROUP3 CLASS C PARKS AND PROPERTIES: UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES APPROXIMATE Ulm MAINT. CYCLE UNIT COST EXTENDED COST I QUINCY MEDIANS 82ND & QUINCY (82ND-96TH) 93RD & Pontiac to 96TH 5.62 17 EA $ $ 2. REMINGTON 74TH & ALBANY 14.96 17 EA $ $ 3. 69TH & SLIDE 69TH & SLIDE 1.93 17 EA $ $ 4. McCRUMMEN 19TH & AVE T 2.20 17 EA $ $ 5. CHATMAN HILL ENTRANCE 23RD & AVE A 0.25 17 EA $ $ 6. LUSK E. 25TH & OAK T69 17 EA $ $ 7. WASHINGTON E. 22ND & CEDAR 3.5 17 EA $ $ 4 INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP3 VI.ACC C PARKS ANn PRnPF.RTIRS- UNIT ADDRESS APPROX ACREAGE ANNUAL, MAINT CYCLES APPROXIMATE UM MAINT. CYCLE UNIT COST EXTENDED COST 8. CARLISLE 28TH & AVE X 4.5 17 EA $ $ 9. CHATMAN E. 29TH & JUNIPER 3.0 17 EA $ $ 10. RAWLINGS 40TH & AVE B 2.5 17 EA $ $ 11. BURNS 23RD AND AVE K 3.0 17 EA $ $ 12. BERRY 36TH & CEDAR 9.1 17 EA $ $ 13. WAGNER 26TH & ELGIN 9.0 17 EA $ $ 14. HINOJOSA 7336 22ND 3.0 17 EA $ $ 15. DURAN, DR. ARMANDO 26TH & KEWANEE 8.37 17 EA $ $ 16. STRONG, JACK & MARY NELL 81ST & AVE. U 7.75 17 EA $ $ 17. UNDERWOOD 74TH & CEDAR 7.70 17 EA $ $ 18. WHEELOCK 40TH & ELGIN 2.0 17 EA $ $ 19. BROWNFIELD TRIANGLE SLIDE & BROWNFIELD 0.3 17 EA $ $ 20. RATLIFF 50TH & CHICAGO 6.26 17 EA $ $ 21. HOEL 94TH & CHICAGO 11.33 17 EA $ $ 22. NEUGEBAUER 83RD & GARDENER 3.3 17 EA $ $ 23. CASEY 66TH & AVE W 8.1 17 EA $ $ 24. CROW 91ST & BELTON 10.17 17 $ $ GROUP 3 CLASS C ITEMS 1-24 TOTAL COST: 135.53 r $ GROUP4 CLARR C PARKS AND PRnPPRTIFS UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE U/M MAINT. CYCLE UNIT COST EXTENDED COST I. N. AVE Q STRIP N. AVE. Q DR. & N. AVE. P 0.25 17 EA $ 2. GUADALUPE ENTRANCE 1ST&AVE. J 0.25 17 EA $ $ 3. GUADALUPE 2ND & AVE P 3.66 17 EA $ $ 4. WOODS ERSKINE & ZENITH 11.7 17 EA $ $ 5. GUADALUPE STRIP 1ST & A VE O 4.14 17 EA $ $ 6. CARTER N. GLOBE & N. LOOP 289 3.3 17 EA $ $ 7. SIMS, GLADYS MARLBORO & KING 4.96 17 EA $ $ 5 INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP 4 CI.ACC C PARKfi ANn PROPF.RTIF.0 UNIT ADDRESS APPROX ACREAG E ANNUAL MAINT CYCLES U/M MAINT. CYCLE UNIT COST EXTENDED COST 8. REAGAN NAOMI COLGATE ST. & OLIVE AVE. 4.48 17 EA $ $ 9. HOLLINS IST&VERNON 6.4 17 EA $ $ 10. DAVIES N. AVE N & CLEMSON 6.0 17 EA $ $ 11. CANYON RIM BATES & AVE K 2.9 17 EA $ $ 12. SEDBERRY E. IOTH & GUAVA 5.0 17 EA $ $ 13. BUTLER E. 4TH & ZENITH 6.0 17 EA $ $ 14. OVERTON 14TH & AVE U 2.0 17 EA $ $ 15. ROY FURR PIONEER 6TH & AVE T 4.2 17 EA $ $ 16. CARLISLE CEMETERY 730819TH 1.1 17 EA $ $ 17. SMITH 15TH & CHICAGO 4.3 17 EA $ $ 18. LOPEZ, RICHARD AUBURN & CHICAGO Z91 17 EA $ $ 19. COOKE, ALEX & VERNA I M & KIRBY 7.01 17 EA $ $ 20. WHISPERWOOD 4TH & WHISPERWOOD 5.0 17 EA $ $ 21. BUDDY HOLLY REC AREA N. UNIVERSITY & CANYON LAKE RD. 5.0 17 EA 22. FIESTA PLAZA 911 N. UNIVERSITY 12.0 17 EA $ $ 23. MAEDGEN I ST & BOSTON 4.51 17 EA j $ $ 24. DETROIT AVE. STRIP CLOVIS HWY. TO 2ND PLACE 1.1 17 EA $ $ 25. RCA DEVELOPED 15TH & INLER 3.01 17 EA $ $ 26. ANIMAL SHELTER 401 N. ASH 1.0 17 EA $ $ GROUP 4 - CLASS C ITEMS 1-26 TOTAL COST: 117.18 S GROUPS CI.ACC C PARKIC ANn PROPF.RTIFS- UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT. CYCLES U/M MAINT. CYCLE UNIT COST EXTENDED COST 1. MACKENZIE PARK 301 1-27 248 17 EA $ 5 C) d Q $ 5 C) o 2. MAE SIMMONS (EXCLUDING BASE BALLFIELD) & (INCLUDING SWIMMING POOL) E. 23RD & OAK 98.3 17 EA $ a o o c) S Uo U ' 6 INDEX 4 BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUPS CLASS C PARKS AND PROPERTIES: UNIT ANNUAL EXTENDED ADDRESS APPROX. MAINT. MAINT. COST ACREAGE CYCLES CYCLE (Approximate) U/M UNIT COST 1ST & AVE. K & ALONG CANY (; `► do l S 3c)D 3. ATZLAN/ATZLAN CORRIDOR BENEATH 1-27RD 31.5 17 EA $ $ GROUP 5 CLASS C $ ITEMS 1-3 377.80 TOTAL COST: ,, GROUP 6 CLASS C PARKS AND PROPERTIES: UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT. CYCLES (Approximate) U/M MAINT. CYCLE UNIT COST EXTENDED COST 1. CLAPP, (EXCLUDING HODGES BASEBALL FIELD & SWIMMING POOL 46TH &AVE U 102.95 17 EA $ QC) $ 3 4 O CEO ' 2. LEFI'WICH 60TH & ELGIN 46.23 17 EA $ $ 3. ELMORE 66TH & QUAKER 43.13 17 EA $ $ 4. ANDREWS 76TH &MEMPHIS 35.5 17 EA $ $ 5. JENNINGS 73RD & WAYNE 34.58 17 EA $ (7Q $ 6. DUPREE 58TH & TOLEDO 32.56 17 EA $ M $ T MILLER MEMPHIS & S. LOOP 289 31.43 17 EA $ 0 $ (� 8. HIGINBOTHAM 19TH & VICKSBURG 23.42 17 EA $ $ 9. McCULLOUGH 88TH & FLINT 23.33 17 EA $ $ 10. LONG 56TH & ABERDEN 21.10 17 EA $ U $ c^ 11. GUY 87TH & MEMPHIS 20.3 17 EA $ $ 12. STEVENS 75TH & SLIDE 16.66 17 EA $ 0 $ t y 0 0 13. HUNEKE 82ND & NASHVILLE 15.54 17 EA $ $ 14. MAHON 29TH & CHICAGO 15.10 17 EA $ 3 Is cp$ 15. KASTMAN JOLIET & LOOP 289 14.45 17 EA $ upo $ 16. TENNIS CENTER 66TH & GARY 13.4 17 EA $ $ GROUP 6 CLASS C ITEMS 1-16 TOTAL COST: 489.68 $ �I _ O t Vl l Q i� s, P INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP? CLASS D PARKS AND PROPERTIES: UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT. CYCLES (Approxhmate) U/M MAINT. CYCLE UNTT COST EXTENDED COST 1. CANYON LAKES 1&2, EXCEPT BUDDY HOLLY REC, AREA CANYON LAKE RD. & N. LOOP 289 200 9 EA $ o o � $ c� vvo 2. CANYON LAKE 3 U N. AVE. ON WEST SIDE 128.6 9 EA $ CEO O $ I 000 3. CANYON LAKE UNDEVELOPED (40 ACRES) WEST OF WINDMILL CENTER E. BROAKWAY & CANYON LAKE RD. 40.0 9 EA $ 000 - $ q, ODD - 4. CANYON LAKE 6 MLK BLVD & CANYON LAKE RD. 223.7 9 EA $ $ } 0 a 5. CANYON LAKE UNDEVELOPED N. AVE. P TO 1-27 120.0 9 EA $ 10 0 0 �+ $ "I o 6 SLUDGUTH MACKENZIE BROADWAY & E. CANYON LAKE RD.ENTRANCE, ON NORTH. & EAST SIDE OF CANYON LAKE RD. 10.82 9 EA $ S c f /, �\ $ I `'i S U V 7. ASH AVE. STRIP E. 23RD & ASH 2.0 9 EA 0 $ 8. RADIO CONTROL AIRPORT ( UNDEVELOPED AREA) 15TH & INLER 6.99 9 EA $ 14 0 Q $ 3 ceQ Q 9. AVE. L MEDIAN 34TH TO 38TH 1.8 9 EA $ ( Q 0 $ 900 10. CLOVIS TRIANGLE UNIVERSITY & CLOVIS 0.2 9 EA $ $ 900 11. CANYON LAKE UNDEVELOPED (ANDREWS BUILDING) E. BROADWAY TO E. 19TH, WEST OF LAKE 35.0 9 EA $ s o o $ y S00 12. CANYON LAKE UNDEVELOPED AND SIMMONS WEST OF PLAYGROUND (FARM E. 19TH TO E. 24TH ST. WEST OF LAKE 44.68 9 EA $ �+ J $ O 13. BUTLER ANNEX 4TH & ZENITH 1.75 9 EA $ $11(00 14. VAR DO & CYPRESS VARDO & CYPRESS 0.1 9 EA $ $ 15. 78 & ASH 78TH & ASH 13.0 9 EA $ $ 16. SOUTHEAST DR. E. 20 TO CORONADO ST. 1.94 9 EA $ $ 17. PRAIRIE DOG TOWN N. MACKENZIE & MEADOWBROOK GOLF 6.8 9 EA $ 500 $ q,5 Q Q 18. RIBBLE ANNEX 58TH & TEMPLE 3.2 9 EA $ C-) 0 $ lwoo 19. MOSE HOOD ANNEX 24TH & AVE Q 1.2 9 EA $ $ 20. TREE NURSERY WEST OF 2502 UTICA, IN ALLEY 14.5 9 EA $ Do $ `) S 8 INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP? CLASS D PARKS AND PROPERTIES: UNIT ADDRESS APPROX. ANNUAL U/M MAUST. EXTENDED ACREAGE MAINT. CYCLE COST CYCLES UNIT COST (Appmdi-te) 21. WEST WIND 1ST&FRANKFORD 11.0 9 EA $ $ 22. HORIZON WEST COLGATE & FRANKFORD 4.8 9 EA $ Q (� $ S 00 23. UNDEVELOPED LAND MUNICIPAL DR. & ELM 10.0 9 EA $ S O $ O 24. McALLISTER, EXCLUDING BASEBALL FIELDS MILWAUKEE & BROWNFIELD HWY. 259.6 9 EA $ ZJ S o Q $ 31 So 0 25. HINOJOSA, UNDEVELOPED AREA 7336 22ND 6.0 9 EA $ .5 Q Q ' r $ 4 26. MUNICIPAL DR & ASH CORNER MUNICIPAL DR. & ASH 4.0 9 EA $ A 00 a $ I 0 C) v 27. CLOVIS RD. TRIANGLES CLOVIS, ON AVE. R & S 0.2 9 EA $ $ 28. 1-27 ANNEX 14TH & B 1.57 9 EA $ 150 $ 1 35 o 29. CANYON LAKE UNDEVELOPED PARKWAY DR. TO EAST BROADWAY 116.7 9 EA $ D DO $ C7( Q O O 30. LP&L PARKING LOT MUNICIPAL DR. & MACKENZIE B.B. 1.32 9 EA $ A5Q $ a a S o 31. REAGAN ANNEX COLGATE & OLIVE 5.0 9 EA $ $ 32. TENNIS CENTER ANNEX 66TH & ELGIN 5.72 9 33. LUBBOCK YOUTH SPORTS COMPLEX UNDEVELOPED 6204125TH 115.43 9 EA $ 1 OOC)$ DQ GROUP 7 CLASS D ITEMS 1-33 TOTAL COST: 1397.29 $ l (, CROUP CLASS B - BROADWAV STREETSCAPES UNIT ADDRESS APPROX ANNUAL U/M MAINT. EXTENDED AREA MAC CYCLE COST CYCLES UNIT COST APPROXIMATE 1. BROADWAY STREETSCAPE UNIVERSITY & (NON -BAGGED) BROADWAY TO BROADWAY& MLK ! 15 J C) y l Soo BLVD, 2.7 MILES 25 EA $ v $ GROUP 8 CLASS B 2.7 MILES $ ITEM 1 3� c O T J TOTAL COST: lJ 9 INDEX 4 **** REVISED ****BID SUBMITTAL -- BID FOR LUMP SUM CONTRACTS GROUPS CI,ASS C - S-W. 1,00P Ti1RNAROI1NDS UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/M MAINT. CYCLE UNIT COST EXTENDED COST 2. UNIVERSITY / SOUTHEAST S. LOOP 289 & UNIVERSITY 1.85 17 EA � 4o(50 1UNIVERSITY /SOUTHWEST S. LOOP SI & UNIVERSITY 0.64 17 EA a c v J 1 l+o O'` J 4. UNIVERSITY/NORTHWEST S. LOOP 289 & UNIVERSITY 1.53 17 EA 01► JO a 3V 5. UNIVERSITY[ NORTHEAST S. LOOP SI & UNIVERSITY 1.32 17 EA i J 6. INDIANA / SOUTHEAST S. LOOP 289 & INDIANA 1.42 17 EA 7. INDIANA /NORTHWEST S. LOOP NA & INDIANA 2.54 17 EA V 8. INDIANA/ SOUTHWEST S. LOOP 289 & INDIANA 1.22 17 E 5 U S 9. INDIANA/ NORTHEAST S. LOOP 289 & INDIANA 128 17 EA S�t 10. QUAKER/SOUTHEAST S. LOOP 289 & QUAKER 1.92 17 EA 1 al IL QUAKER ! NORTEAST S. LOOP 289 & QUAKER 1.41 17 EA C O J 12. QUAKER / NORTHWEST S. LOOP 289 & QUAKER 1.76 17 EA SS 13. QUAKER/ SOUTHWEST S. LOOP 289 & QUAKER 1.0 17 EA S O D 14. SLIDE / SOUTHEAST QUADRANT S. LOOP 289 & SLIDE 2.04 17 EA 1 �S O 'Ta W� LL D �/ 15. SLIDE/ NORTHWEST QUADRANT S. LOOP 289 & SLIDE 2.75 17 EA 16. SLIDE/ SOUTHWEST S. LOOP 289 & QUAKER .93 17 EA J 17. SLIDE/NORTHEAST QUADRANT S. LOOP 289 & SLIDE 0.78 17 EA S J GROUP 8 CLASS C S.W. LOOP TURNAROUND ITEMS 2-17 TOTAL COST: 23.39 II -- l fir' / Doc) 10 I INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUPS CI.eCC F. RIGHT OF WAY PROPERTY UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT CYCLES (APPROXUKA-TE) U/M MAINT. CYCLE UNIT COST EXTENDED COST 18. 4TH & AVE. H S.E.CORNER 4TH & AVE. H 0.3 MI 8 EA 19. 19TH RIGHT-OF-WAY AVE C TO AVE F .2 MI 8 EA 0. 19TH ST RIGHT-OF-WAY AVE. X TO UNIVERSITY .13 MI 8 EA 21. 19TH ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 1.0 MI 8 EA 22. 19TH ST RIGHT-OF-WAY INDIANA TO PEORIA 0.7 MI 8 EA S o sQ 23. 19TH ST RIGHT-OF-WAY FRANKFORD TO W. LOOP 289 022 MI 8 EA 24. 34TH ST RIGHT-OF-WAY HICKORY TO GLOBE .11 MI 8 EA 5. 34TH ST RIGHT-OF-WAY AVE G. TO 1-27 1.0 MI 8 EA 26. 34TH ST RIGHT-OF-WAY 1-27 TO AVE. J .90 MI 8 EA 27. 34TH ST RIGHT-OF-WAY AVE. X TO UNIVERSITY 0.13 MI 8 EA 28. 34TH ST RIGHT-OF-WAY UNIVERSITY TO AKRON .12 MI 8 EA D 9. 34TH ST RIGHT-OF-WAY VICKSBURG TO SLIDE .37 MI 8 EA 30. 34TH ST RIGHT-OF-WAY FRANKFORD TO HYDEN 0-48 MI 8 -IDES s 31. 29TH DR. RIGHT-OF-WAY 34TH TO MARSHA SHARP FREEWAY 0.22 MI 8 EA Q-b 33. 50TH ST RIGHT-OF-WAY I-27 TO AVE Q 0.59 MI 8 EA 34. 50TH ST RIGHT-OF-WAY AVE W TO UNIVERSITY 0-25 MI 8 EA 35. 50TH ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 1.0 MI 8 EA 36. 50TH ST RIGHT-O&WAY INDIANA TO QUAKER 1.0 MI 8 EA 37. 50TH ST RIGHT-OF-WAY WAYNE TO SLIDE INCLUDING 3 MEDIANS Q INTERSECTION .25 MI 8 EA Q 0 s 38. N. MLK RIGHT-OF-WAY REGIS TO MUNICIPAL DRIVE HARDSURFACE & LANDSCAPE MEDIANS 2.04 MI 8 EA Ml 0 s Y Da 39. MLK RIGHT-O&WAY E. 2ND TO E. 4TH 028 MI 8 EA 40. MLK RIGHT-OF-WAY E. 19TH THROUGH 37TH 1.3 MI 8 EA 41, E. 26TH ST OVERPASS SLOPES & ADJACENT GROUNDS E. 24TH TO E. 26TH 0.3 MI 8 EA !� 1 U 0 s oc) GRP. 8 CLASS E ITEMS 18-41 TOTAL COST + C)0 m INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS I GROUPS r__. CLASS E RIGHT OF WAY PROPERTY UNIT ADDRESS APPROX. ANNUAL U/M MAINT. EXTENDED ACREAGE MAU+1T CYCLE COST CYCLES UNIT COST (APPROXIMATE) 42. AVE A RIGHT-OF-WAY UNDERPASS BETWEEN 13TH & 16TH ST. 0.19 MI 8 EA 43. AVE A RIGHT-OF-WAY 51 ST TO 60TH 0.63 MI 8 EA S 1 17 Q 44. AVE H UNDERPASS 4TH TO 7TH 0.20 MI 8 EA 45. TEXAS AVE UNDERPASS 4TH TO 7TH 0.22 MI 8 EA Q 46, AVE L RIGHT-OF-WAY 4TH TO 8TH 0.29 MI 8 EA 47. AVE O RIGHT-OF-WAY 4TH TO 6TH 0.15 MI 8 EA 48. CLOVIS & AVE Q MEDIAN AVE Q & CLOVIS RD. 0.02 MI 8 EA Q 49. CLOVIS & INDIANA MEDIAN INDIANA & CLOVIS RD. S.E.CORNER MEDIAN .01 MI 8 EA cJ V 5 50. UNIVERSITY RIGHT-OF-WAY N. LOOP 289 TO ERSKINE 1.0 MI 8 EA 51. UNIVERSITY RIGHT-OF-WAY CLOVIS TO DARTMOUTH 0.07 MI 8 EA 52. UNIVERSITY RIGHT-OF-WAY MAC DAVIS TO 9TH .19 MI 8 EA 53. UNIVERSITY RIGHT-OF-WAY 17TH TO 19TH .14 MI 8 EA 54. UNIVERSITY RIGHT-OF-WAY 19TH TO 20TH .09 MI 8 EA 55. UNIVERSITY RIGHT-OF-WAY 38TH TO 44TH .38 MI 8 EA 56. UNIVERSITY RIGHT-OF-WAY 46TH TO 50TH .25 MI 8 EA 57. UNIVERSITY RIGHT-O&WAY 50TH TO S. LOOP 1.34 MI 8 EA S s X 0 58. SLIDE ROAD RIGHT-OF-WAY 60TH TO S. LOOP .31 MI 8 EA 59. ERSKINE AVE FRANKFORD TO MILWAUKEE 1.0 MI 8 EA `� 1 V 900 19.71 MI GRP. 8 CLASS E ITEMS 18-41 TOTAL COST: 1 3 Soo -Oa GROUP 8 CLASS % C & E ITEMS 429 TOTAL COST: 1 3 -1 r QQ "1 12 Em I H INDEX 4 **** REVISED ****BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS GROUP 9 CLASS B - CEMETERY UNIT ADDRESS APPROX ANNUAL Ulm MAINT. EXTENDED ACREAGE MAIIVT CYCLE COST CYCLES UNIT COST APPROXIMATE BASE BID $ $ CITY OF LUBBOCK CEMETERY 2011 EAST 31 ST STREET 160 25 EA ADDITIVE OPTION CITY OF LUBBOCK CEMETERY 2011 EAST31ST 25 EA $ $ STREET GROUP 9- CLASS 8 160 $ TOTAL COST TLJ O h u r, 6 ry c1 5 k y n i n c -A h.DL,5c.rd GROUP I, TOTAL COST Seurr) ht.,-rt.dreC.( jeUc..ry�-j F-r611dhxpcj-15.Cx7) (Amount shall be shown to both words and numerals. In case of discrepancy, the amount shown In words shall govern.) Two hL-Lr,drrd -thrcc-+hoc,Cry GROUP 2,TOTAL COST+hrrt hundfcd +wenvkfiUe- d011c,r5 ($�13,3,15•O(�) (Amount shall be shown in both words and numerals. to cast of discrepancy, the amount shown in words shall govern.) GROUP 3, TOTAL COST ($ (Amount shall be shown in both words and numerals. In cane ofdiscrepancy, the amount shown in words shall govern.) GROUP 4, TOTAL COST ($ ) (Amount shall be shown in both words and numerak Io case of dlscrepancy, the amount shown in words shall govern.) 0r)-' htAndr'Ed fitiI ( �v (:' r~r +ho"SC.rx(4 GROUP 5, TOTAL COST 4hrr: c- cjo l lG c 3 . ($ i i4� 3()0.06 ) (Amount shall be shown in both words and numerak In case ofdiscrepancy, the amount shown in words shall govern.) (Dn e h u nCl i .ecf 5 i )(+y +houaand GROUP 6, TOTAL COST -5i �, i>l.trI6ff d Pf P �-.j d01 ILY S ($ )(D Q (.0 5 D ) (Amount shall be shown in both words and numeral+. In case of discrepancy, the amount shown in words shall govern.) (.,all hur-Icl rr-d ` Lkt e �-j rnC-�C_ -�V-%DLA -,d GROUP 7, TOTAL COST C'1 (7+`I 6 a(kC(-5' (QAgo5o.W) (Amount shall be shown is both words and numerals to case of discrepancy, the amount shown in words shall govern.) (D R e h L-L'-1dr e-(3 +h c (-+l '5e Lr n +hbul� GROUP 8, TOTAL COST Y%I r\'P- hu r\d.r ed d(D"O rs• ($) :C10o�) (Amount shall be shown in both words and numerate Is case of discrepancy, the amount shown in words shall govern GROUP 9, BASE ONLY, TOTAL COST ($ ) (Amount shall be shown in both words and numerals to case of discrepancy, the amount shown in words shall govern.) GROUP 9, ADDITIVE OPTION ONLY, TOTAL COST (Amount shall be shown in both words and aumernls, In case of discrepancy, the amount shown in words sball govern.) 13 INDEX 4 "*** REVISED "**"BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS 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. 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 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. 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) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date - d-Iwq Addenda No. 2 Date /2 &loof Addenda No. Date Addenda No. Date Date: Authe�Signa ee (Printed or Typed Name) Company >6is' 5' Address Lu-3'*ou< , L G/l�iou! Ci4,_ County State Zip Code Telephone: �Q� - Sr18 - /,SSo Fax: M/WBE Firm: Woman I I Black American Native American Hispanic American I I Asian Pacific American Other (Specify) 14 INDEX 4 BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS LIST OF SUBCONTRACTORS 1. a AOF- Minority Owned Yes No 0 ❑ 2. ❑ ❑ 3. ❑ ❑ 4. 0 0 5. ❑ 0 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. 0 0 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO SECTION 29G OF THE GENERAL CONDITIONS. 16 INDEX 4 BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance 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. Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: L./�fsr 1 orris �As...rAa�tE (Print or Type ) CONTRACTOR'S FIRM ADDRESS: Name of Agent/Broker: 57.4rG %.�irn, 1�.� �y.�.•r �a,E,�a�vvFr Address of Agent/Broker: 330.2 G `1 t-- lEtwi 2Sy/.3 City/State/Zip: L y4Ao4 c. I4FAW1 g Agent/Broker Telephone Number: ( 06 ) Zff - Fff/ _ Date: /2. 22• Zo o Jr. 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 Purchasing Manager for the City of Lubbock at (806) 775-2165. ITB-10-029-DD - PARKS TURF MAINTENANCE CONTRACT 17 INDEX 4 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 Cale, 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 thereoE 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 exam 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. b. Citations (as defined below) from an 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 (10) 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: "14,9KIND 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 citati ns 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. 18 INDEX 4 BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS 6 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 o ers, final orders, and judicial final judgments. YES NO 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 Has 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 _-jZ 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 willfid 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 arty misrepresentations or omissio my bid to be rejected Signature Title 19 INDEX 4 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 Signature of Date Signed: /2 • Z2- 2vo Printed name of company official signing 20 No Text I CERTIFICATE OF INSURANCE RANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. - This certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ 81-ATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the followinq Named Insured as shown below. NAMED INSURED: nest Texas iiaiiitenauce ADDRESS OF NAMED INSURED: 4615 94" St, Lubbock, TX 79424 POLICY NUMBER 104 9847-1325-43 104 9847-1325-43 EFFECTIVE DATE OF POLICY 08-12-08/09 08-12-09/10 2005 2005 DESCRIPTION OF International INTERNATIONAL VEHICLE (Including VIN) Truck 1HTMMAAL95HI45277 TRUCK 1HTMMAAL95H145277 LIABILITY COVERAGE ® YES ❑ NO ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person 500000 500000 Each Accident 500000 500000 b. Property Damage Each Accident 500000 500000 c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES ® YES ❑ NO ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO a. Comprehensive $ 1000 Deductible $ 1000 Deductible $ Deductible $ Deductible ® YFS ❑ NO ® YI=`; ❑ NO ❑ YFS ❑ NO ❑ Yt=S ❑ NO b. Co!hsion $ 1 n J`' Dnd ct!hIA i� 'f'- r 1ta tlhle t� [7�e1f et!�1g q, 067ducti!if r nrl I,d�!(i Fti _ic 7oF I ❑ i iatir ®'N ❑ irs © iq- ElYE-Q El^e ii Elice_`` ElNO _- j ❑ _ ❑� ,r� I ❑ ., M ": i ❑ „_y ❑ �._ YES ❑ NO 07/08/0O z:,;gnaturc er tno.;z a ,,cpresertsr;ve ;10 Agent's Code Number Date N 3 _f Ceiti.t_a Hf�ider tda_ t st„� a ,d, d, r�s� n fr to ' -,ne and Address o Ar en cSTATE FARM Certificate of Insurance This certifies that State Farm Fire and Casualty Company, Bloomington, Illinois State Farm General Insurance Company, Bloomington, Illinois State Farm Fire and Casualty Company, Aurora, Ontario State Farm Florida Insurance Company, Winter Haven, Florida State Farm Lloyds, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder Randy Mills dba West Texas Maintenance Address of policyholder 4615 94th St., Lubbock, TX 79424 Location of operations Texas Description of operations Mowing The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms, exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. Policy Period Limits of Liability Policy Number Type of Insurance Effective Date Expiration Date (at beginning of policy period) 93-BK-Z341-7 Comprehensive 06/02/09 06/02/10 BODILY INJURY AND Business Liability -------------------- PROPERTY DAMAGE ----------------------------- This insurance includes: ---------------------------------- ----------------------------- Products - Completed Operations Contractual Liability Each Occurrence $ 1,000,000.00 Personal Injury Advertising Injury General Aggregate $ 1,000,000.00 Medical Payments $5,000 Product - Completed $ 1,000,000.00 Operations Aggregate Policy Period BODILY INJURY AND PROPERTY DAMAGE Policy Number EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit Umbrella Each Occurrence $ Other A re ate $ Policy Period Effective Date Expiration Date PartI - Workers Compensation - Stai '__. Workers' Compensation Part 11- Employers Liability and Employers Liability Each Accident $ Disease - Each Employee $ Disease - Policy Limit $ Policy Period Limits of Liability Policy Number Type of Insurance Effective Date Expiration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certification Holder If any of the described policies are canceled before City of Lubbock their expiration date, State Farms will try to mail a Box 2000 written notice to the certificate holder 10 days P Lubbock, 00 79457 before cancellation. If we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents or representatives. Signature of Mthorized Representative _. Agent 07/08/09 Title Date f W Lynn Alexander 4 Agent Name L Telephone Number fL* nn Alexander 8046 L Agents Code StaniiWe 84 Agent Code 1AF0 Lubbock F064 Code IL 1001260 106399.9 03.16-2009 r INDEX 5 CERTIFICATE OF INSURANCE CONTRACTOR CHECKLIST A CON CTOR SHALL: (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; /((22) provide a Certificate of Coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) 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; Z(6) retain all required cefific ates of coverage on file for the Duration of the Project and for one year thereafter; 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 fnr the notices shall be the following teat 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 REQUIRED WORKERS' COMPENSATION COVERAGE "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: (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; (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) t0 days aft 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) - (M with the Certificate of Coverage to be provided to the person for whom they are providing services._ INDEX 6 CONTRACT CONTRACT 9380 STATE OF TEXAS COUNTY OF LUBBOCK i THIS AGREEMENT, made and entered into this 28th DAY OF JANUARY 2010 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 MAINTENANCE 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 10-029-DD - PARKS TURF MAINTENANCE CONTRACT - Group 6 including 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 4-- materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction of in accordance with the contract documents as defined in the General Condition of Agreement. WEST TEXAS MAINTENANCE bid dated DECEMBER 22, 2009 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 ftmds 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. CONTRACTOR: L 1 By. PRINTED NAME: i TITLE: Ow,yg2 COMPLETE ADDRESS: Company LrfS r �,�x�s A��JiE,vA.vt,� Address City, State, Zip 24144i a" %t= mi -i l".10 ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER): By: MAYOR y ATTEST: City Secret Director APP . ' V AST FORM: City Attorney 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 Contractor's/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. 2. 4. 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. 1.22 Work - All Work, including the furnishing of staff, equipment, materials, and other incidentals necessary for the performance of the contract. 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. 5. 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. 6. 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. 7. 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. r_ '- 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 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 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 name and the employee's affiliation with the Contractor. Employees 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 t-. 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. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 12. CLEAN-UP FJI 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 twenty four (24) hours to remove the equipment, materials, or waste in question. If the, equipment, materials, or waste in question is not removed in the twenty four (24) 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 in accordance with the Specifications. 14. LITTER The Owner will be responsible for litter control for Groups 1 through 7 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 8 Broadway Streetscapes, Southwest Loop Turns & 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 Contractor's vehicles shall be marked with the Contractor's company name, on both sides and in lettering that is a minimum of two inches tall and of an easily read typeface. In lieu of lettering, Contractors may submit easily recognizable Company Logos for approval by the Parks Department. All employees of the Contractor shall have a name badge and company logo for identification; either clip -on or incorporated with a uniform. This 1 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 resent a Y gg p 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. 4 1� r 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 done under this 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/Foreman and any necessary assistants, all satisfactory to Owner's Representative or Agent(s). The Designated Superintendent/Foreman shall represent the Contractor in its absence and all directions given to the Designated Superintendent/Foreman 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 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 encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the 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 21. 22. INDEX 7 ' GENERAL CONDITIONS OF THE AGREEMENT terms or obligations herein contained. Subject to the rights of Owner as set forth in Item #25-Changes and 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 bome 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 shall provide all 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 furnish 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. 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 '/2 (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 1 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT. THE 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." s 23. 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. 24. DEFECTS AND THEIR REMEDIES t_. It is expressly agreed that if the Work or any part 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 t -- 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 i 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 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT } 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 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' 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 Representative. The Owner's Representative may also specify in writing, before the Work commences, the 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 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." 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) (1). 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 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 -- INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT I 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 s with these plans and Specifications. If Contractor does not notify Owner's Representative 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. 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 order the Contractor verbally or 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 verbally or 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. r, 30. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact 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 supervise safety precautions by either the Contractor or any of its subcontractors. 1. 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. INDEX 7 1 GENERAL CONDITIONS OF THE AGREEMENT 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 subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted annually prior to contract execution.n 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 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 materials man, or anyone acting on behalf of contractor in connection with or incidental to this Contract which are alleged to be attributable to any condition of or upon the City's property facilities, materials, or equipment, including where such condition and resulting injury or harm is caused in part by any negligent act or omission of City, its officers and employee, but excepting only such injury or harm as may caused solely by an act or omission of City, its officers and employees. Contractor agrees to waive any and all claims and suits covered by this indemnity agreement, and agree that any insurance carrier involved shall not be entitled to subrogation under any circumstance against City, its officers and employees. 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 $100,000. 31.2.3 Commercial General Liability Insurance at minimum combined single limits of $100,000 per occurrence and $100,000 general aggregate for Bodily Injury and Property Damage, which coverage shall include Products/Completed Operation ($100,000 Products/Completed Operations Aggregate), and XCU Hazards Coverage for Products/Completed Operations must be maintained for at least two (2) 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 $100,000 per occurrence for owned, non -owned, and hired coverage. 1-? 10 �1 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT Excess Umbrella Liability Insurance is not required. 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: 31.4.1 The CITY OF LUBBOCK shall be named as an additional insured and a copy of the 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 ANII or better 31.5.2 Licensed and admitted to do business in the State of Texas and is a subscriber to the Texas Guaranty Fund. 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 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. 11 INDEX 7 - GENERAL CONDITIONS OF THE AGREEMENT 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. 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, anew 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. J 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: z 12 - INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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; 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 provisions is a 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 f 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 there under on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability there under 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. A_ ( 13 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT (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; (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 80013 72- 7713 or 5121804-4000 (Legg.//wwiv.twec.state Mus/twcccontaca. him l) 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: 14 t - INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT (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 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 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: (1) a Certificate of Coverage, prior to the other person beginning Work on 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 1 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. 15 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 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, material men and furnishers of machinery 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. 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. 36. LAWS AND ORDINANCES 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 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 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 though embodied herein. Prior to any application of chemicals, the Contractor shall request, in writing, for approval from the Owner's 1 } Representative or Agent(s). If permission is granted, all applications shall be performed through a Licensed j Applicator, licensed by the Texas Structural Pest Control Board or Texas Department of Agriculture. Before f 16 € 37. L 38. pia 40. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT applications commence, the Contractor shall furnish the Owner's Representative or Agent(s) a list of proposed areas to be treated and chemicals to be used. 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. 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. All required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before commencing to another mowing site. 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). 17 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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. 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 �- 18 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT {. liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. 7; 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. 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. 11 46. PAYMENTS 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 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; 19 48. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 claims; _a 47.7 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; 47.10 Failure of the Contractor to provide work schedules as required by the City; 47.11 Use of subcontractors without City's approval. When the above grounds are removed, payment shall be made for amounts withheld because of them, and City shall never be liable for interest on any delayed or late payment. 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; 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; 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 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; i l 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; 20 i INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT i 48.9 Repeated violations of safe working procedures; i 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. 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 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 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 terms 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 1 of Item #26-Extra 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 21 i INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT contract or violate the terms and provisions of the contract, he shall direct the Contractor to proceed, and the Contractor must promptly comply. In order to reserve his (its) right to claim compensation for such Work resulting from such compliance, the Contractor must, within seven (7) calendar days after receiving the Owner's 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. r 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 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. 52. 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 22 1 - INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 terms 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 there with. 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 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 f 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. 23 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 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 not at any time change or effect the status of the Contractor as an independent Contractor with respect to either the Owner, Owner's Representative or Agent(s) or to the Contractor's own employees or to any other person, firm, or corporation. 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: 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 any parts thereof, do not in fact conform to the contact requirements; and 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 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 u 24 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 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 31,2012. 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. 25 63. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 65. 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. 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. T 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. 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 enacted 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 enacted, 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, 26 I INDEX 7 1 GENERAL CONDITIONS OF THE AGREEMENT 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. 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 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 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 the Owner's decision by letter. 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 including the curb and ending 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, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 1.1.2 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. 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 shall be bagged and recycled and all hard surfaces shall be cleaned after each service. Mowing equipment shall be a reel mower for Gateway Plaza, Walk of Fame Plaza, Broadway Annex 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). All required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 1.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July February 0 August March 1 September April 4 October May 4 November June 4 December 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. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class A Parks. 1.3.1 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 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. E 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 drainage channels must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 28 1 INDEX 8 SPECIFICATIONS 2.0 Class B Maintenance Standards 2.1 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. 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 including the curb and ending 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, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for theses areas 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 hard surfaces 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). All required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 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 of each site. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is 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. 29 r } INDEX 8 SPECIFICATIONS 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, fences, and any other plants or structures. All play surfaces, sidewalks, hard surfaces, streets, street medians, playground sidewalks, parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This task must be completed the same 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 street -ward including the curb and ending 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, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas 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 hard surfaces 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). All required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before commencing to another mowing site. Alternate i mowing patterns are required every cycle to avoid turf damage. 3.2.1 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 3.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch z 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 trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with I It 30 INDEX 8 SPECIFICATIONS turf on either side of the fence is permitted on Class C Parks. All jogging tracks shall be edged concurrently with mowing operations. 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, sidewalks, hard surfaces, streets, street medians, playground sidewalks, parking areas, parking lots and drainage channels 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 including the curb and ending 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, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required. 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. t_ 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 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 surfaces including adjacent public roadways. Mowing equipment shall be determined by site conditions and shall be equipped with all turf tires or industrial tires and be approved by the Owner's Representative or Agent(s). All required unit work which includes mowing, edging, trim mowing, string trimming and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 4.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July February 0 August March 0 September ' April 1 October May 1 November June 2 December 31 INDEX 8 SPECIFICATIONS 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. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class D Parks. ' 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, parking areas and drainage channels 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 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, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 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 extending street - ward including the 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. 5B 2.1.4 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) days z 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. 32 t INDEX 8 SPECIFICATIONS 5B 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 P`{ 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). Alternate mowing patterns are h.. required every cycle to avoid turf damage. 5B 2.2.2 The right-of-way boundaries from Broadway and University through Broadway and Avenue Q on both sides will be through the sidewalk extending street ward including the curb and ending six (6) inches from lip of gutter. 5B 2.2.3 The right-of-way boundaries from Broadway and Avenue Q to Broadway and Avenue E on both sides, will be through the sidewalk extending street ward including the 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. b 5B 2.2.8 The right-of-way boundaries from Broadway and Avenue E to Broadway and Avenue 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 corner of Broadway & Avenue A extending street -ward including the curb and ending six (6) inches beyond lip of gutter. The underpass shall have weed and litter control on the North, South, and middle areas as well. 5B 2.2.9 The right-of-way boundaries on the North side from Broadway and Avenue A to the furthest East entrance of the South Plains Fairgroundse throu the sidewalk extending street -ward .. will b through g - including the curb, and ending six (6) inches beyond lip of gutter. �i 5B 2.2.10 The right -of --way boundaries on the South side from Broadway and Avenue A to 720 E Broadway will be from the utility poles extending street ward including the curb and ending six (6) inches beyond the lip of gutter. 5B 2.2.11 The right-of-way boundaries on the South side from Broadway and Canyon Lake Road to Broadway and MLK Avenue include the area from the utility poles extending street ward including the curb and ending six (6) inches beyond the lip of gutter. 5B 2.2.12 The right-of-way boundary on the North side from Broadway and Nutmeg to Broadway and Oak Avenue shall be from the building and/or chain link fence extending street -ward including the curb and ending six (6) inches beyond lip of gutter. 5B 2.2.13 The right-of-way boundary on the North side from Broadway and Oak Avenue to Broadway and MLK Avenue shall be from the utility poles extending street -ward including the curb and ending six (6) inches beyond lip of gutter. 5B 2.2.14 All hard surfaces 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). 5B 2.3 Edging: All sidewalks and curbed plant material beds shall be edged to a depth of one inch. All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class B, Broadway Streetscape Maintenance. 33 INDEX 8 SPECIFICATIONS 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 hard surfaces, sidewalks, streets, street medians, parking areas, parking lots and drainage channels 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 hard surface areas, litter, and debris removal. 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 adjacent right of way medians, hard surface(s) and pavers adjoining the site. 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, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas. 5.1.2 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) 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. 34 INDEX 8 SPECIFICATIONS 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'/z" 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 surfaces 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 hard surfaces 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). Alternate mowing patterns are required every cycle to avoid turf damage. 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. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is 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. Maintenance of drains due to evaporation or receding water shall be the Contractor's responsibility. All vertical and horizontal slope hard surfaces, stamped pavers, sidewalks, streets and drainage channels 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 motor vehicle parts, 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 shall be disposed of in residential and/or commercial dumpsters. 35 INDEX 8 SPECIFICATIONS 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 1 such as traffic control devices, signs, and electric poles, visibility triangles at intersections, and excess right- !' of -way of variable width. 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, hard surfaces, streets and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas.' 6.1.2 Curbed areas with adjacent sidewalks shall be maintained through the sidewalk extending street ward including the curb and ending six (6) inches beyond lip of gutter. Curbed areas without an adjacent sidewalk shall be maintained from back of curb including the 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. 1 6.1.2.1 Maintenance of Underpasses shall be maintained through the sidewalk from curb to curb up to vertical wall and/or slope, including all adjacent hard surface medians. ' 6.1.2.1 The ROW Maintenance boundaries on Erskine Ave. from Frankford to Milwaukee Avenue shall be through the sidewalk and/or curb extending street ward to the adjacent curb and/or through the sidewalk. 6.1.3 Contractor shall provide a maintenance schedule to the Parks Department within ten (10) 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 hard surface 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 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. Alternate mowing patterns are required every cycle to avoid turf damage. 6.2.1 TENTATIVE MAINTENANCE FREQUENCIES: January 0 July 1 February 0 August 1 36 � l 5 INDEX 8 SPECIFICATIONS March 1 September 1 April 1 October 1 May 1 November 0 June 1 December 0 6.3 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. Maintenance of drains due to evaporation or receding water shall be the Contractor's responsibility. All surfaces, streets street medians, parking areas and drainage channels 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 edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class E, ROW maintenance. 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 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. Mowing, edging, and trimming of Cemetery property shall be performed between 8:00 a.m. and 5:00 p.m. weekdays during a concurrent maximum four -day time period. Maintenance will not be performed on City holidays or weekends. Contractor requests for exceptions to this schedule must be made in writing by Contractor and approved by the Owner's Representative or Agent(s). 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, trees, shrubs, utilities, all public art, and the irrigation system. 7.15 Contractor is responsible for preventing clippings from contaminating plant beds or providing an unsightly appearance around the Cemetery Office. g 37 INDEX 8 SPECIFICATIONS 7.16 It is the Contractor's responsibility to report any damage to the Owner's Representative or Agent(s) as soon as possible, but not exceeding twenty-four (24) hours from the time the damage occurred. 7.17 If damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at Contractor's own expense and to the approval of the Owner's Representative or Agent(s). 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. 7.18 Contractor will designate and make the Owner's Representative or Agent(s) aware of the Contractor's designated representative (crew supervisor). The Contractor's designated representative (crew supervisor) will be on the property during maintenance operations. Owner's Representative or Agent(s) must be able to access and contact the Contractor's designated representative (crew supervisor) during Contractor's maintenance operations. 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 hard surfaces 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. 7.2.5 Turf within a 25 foot perimeter adjacent to the Cemetery Office Building and the entire turf perimeter of the Mausoleum Building must be mowed with a push mower. 7.2.6 Hard surfaces, sidewalks, and areas around the Cemetery Office and the mausoleum shall be cleaned with a broom or leaf -blower after each cycle. 7.3 Edging 7.3.1 Cremation garden, Cemetery Office Building, the Mausoleum, 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 Contractor will use a "stick edger" or similar equipment per the Owner's Representative or Agent(s)' approval. String trimmer or curb dressing may not be used for these tasks. Chemical edging is not permitted. 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. 38 i S .t c INDEX 8 SPECIFICATIONS 7.4 Trimming i 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 free 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 halfway point of the Cemetery shall be Euonymus Road creating east and west halves. 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`b, 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 Mausoleum area. 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. Contractor employees should be aware of the Cemetery Office location. 7.5.3 Cemetery maintenance shop has restroom facilities for Contractor's employees' use. Restroom facilities at the Cemetery Business Office will not be used by Contractor's employees. 7.5.4 Contractor's employees will properly dispose of their beverage containers in a trashcan or dumpster. Contractor's employees will not dispose of their beverage containers on the Cemetery property. 7.5.5 Any litter, such as, but not limited to shredded real or artificial flowers, Styrofoam ornaments, or other grave adornments, created by the Contractor in the maintenance of the Cemetery property shall be picked -up and disposed of properly and to the satisfaction of the Owner's Representative or Agcnt(s). ADDITIVE OPTION - Group 9 (only) 1. Contractor will string trim the entire Cemetery property for each cycle. 39 INDEX 9 TURF MAINTENANCE GROUPS GROUP 1 CLASS A PARKS AND PROPERTIES: UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/M MAINT. CYCLE UNIT COST EXTENDED - COST A -REELED (RAGGED) GATEWAY PLAZA BROADWAY & AVE Q (NE Comer) 0.50 29 EA $ $ BROADWAY ANNEX BROADWAY & AVE O 0.34 1 29 EA $ $ (SW Corner) WALK OF FAME PLAZA 8TH & AVE Q 0.25 29 EA $ $ (NON -BAGGED) PROPERTIES: UNIVERSITY MEDIANS UNIVERSITY (GOODACRE TO 17TH ST) 1.0 29 EA $ $ PATTERSON LIBRARY 1836 PARKWAY DR. 4.85 29 EA $ $ GROVES LIBRARY 5520 19TH 1.85 29 EA $ $ SLIDE RD MEDIANS SLIDE RD. OTH TO 3.75 29 EA $ $ NORTH LOOP 289) BROADWAY MEDIANS BROADWAY & Q AND BROADWAY & MLK 0.25 29 EA MACKENZIE PARK AMPHITHETER 423 EAST BROADWAY 4.55 29 EA $ WALK OF FAME FOUNTAIN 8TH & AVE Q 1.22 29 EA $ $ 40 3 INDEX 9 TURF MAINTENANCE GROUPS f GROUP 1 `' CLASS B PARKS AND PROPERTIES -. UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES APPROXIMATE U/M MAINT. CYCLE UNIT COST EXTENDED COST CLASS B - ROTARY NON -BAGGED N. MACKENZIE CONNIE MACK HARDBALL FIELD (INCLUDING IN BETWEEN FIELDS) MUNICIPAL & PARK RD 18 1.9 25 EA $ $ N. MACKENZIE FAST PITCH BASEBALL FIELDS (INCLUDING IN BETWEEN FIELDS) MUNICIPAL & PARK RD 18 4.2 25 EA $ $ N. MACKENZIE SOFTBALL FIELDS 5, 6, & 7, (INCLUDING IN BETWEEN FIELDS) MUNICIPAL & PARK RD 18 5.6 25 EA $ $ HELEN HODGES PARK & BASEBALL FIELDS MARSHALL & UNIVERSITY 13.1 25 EA $ $ -ERL HUFFMAN ATHLETIC r` COMPLEX N. LOOP 289 AND LANDMARK 124.0 25 EA $ $ AVE X TRIANGLE 16TH & AVE X 0.3 25 EA $ $ AUDITORIM-COLISUEM 4TH & BOSTON 5.0 25 EA $ $ MLK LITTLE LEAGUE COMPLEX E 19TH & ASPEN AVE 8.6 25 EA $ $ RODGERS (BAGGING SWIMMING POOL) 3200 BATES 8.55 25 EA $ $ CIVIC CENTER-MAHON LIBRARY 9TH & AVE P 15.0 25 EA $ $ AVENUE O MEDIAN AVE O, 6TH TO IOTH .5 25 EA $ $ SOUTH PARKING LOT 9TH & AVE K .25 25 EA $ $ GAZEBO 9TH & AVE K .25 25 EA $ $ NORTHWEST LITTLE LEAGUE 903 NORTH UNIVERSITY AVENUE 5.63 25 EA $ $ GROUP 1 CLASS A & B TOTAL COST 1 211.44 $ 41 INDEX 9 TURF MAINTENANCE GROUPS GROUP2 CLASS A PARKS AND PROPERTIES: UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/M MAINT. CYCLE UNIT COST EXTENDED COST A-REELED(BAGGED) GARDEN & ARTS TEA 44TH & UNIVERSITY 0.25 29 1 EA $ $ (NON -BAGGED) PROPERTIES: MILWAUKEE MEDIANS MILWAUKEE & BROWNFIELD HIGHWAY TO SPUR 327 0.50 29 EA $ $ MLK AVENUE MEDIANS MLK, 2200-2300 BLOCK 0.50 29 EA $ $ INDIANA MEDIANS INDIANA, (19TH - 34TH) 0.80 29 EA $ $ UNIVERSITY MEDIANS UNIVERSITY (20TH TO 34TH) 3.0 29 EA $ $ UNIVERSITY MEDIANS UNIVERSITY (34TH TO 49TH) 2.0 29 EA $ $ UNIVERSITY CORNER 19TH & UNIVERSITY 0.50 29 EA $ $ GROUP2 CLASS B PARKS AND PROPERTIES UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/nl MAINT. CYCLE UNIT COST EXTENDED COST CLASS B - ROTARY (BAGGED) CLAPP SWIMMING POOL 4502 AVE. U 0.25 25 EA $ $ CLASS B - ROTARY NON -BAGGED HAMILTON PARK & SOFTBALL FIELD 22ND & AVE X 6.6 25 EA $ $ STUBBS PARK & SOFTBALL FIELDS 36TH & AVE N 8.0 25 EA $ $ HOOD PARK & SOFTBALL FIELDS 23RD & AVE Q 11.66 25 EA $ $ LEWIS PARK & LITTLE LEAGUE BASEBALL FIELDS 54TH & AVE J 8.4 25 EA $ $ °ya INDEX 9 TURF MAINTENANCE GROUPS GROUP 2 CLASS B PARKS AND PROPERTIES l UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) Ulm MAINT. CYCLE UNIT COST EXTENDED COST I" MCALLISTER BASEBALL FIELDS 56TH & FRANKFORD 5.4 25 EA $ $ CAVAZOS BASEBALL FIELDS BROWNFIELD & SPUR 327 7.0 25 EA $ $ MLK LITTLE LEAGUE FIELD 24TH & MLK 2.0 25 EA $ $ TECH TERRACE 23RD & FLINT 18.0 25 EA $ $ TRINITY BASEBALL 40TH & UNIVERSITY 2.65 25 EA $ $ RIBBLE 62ND & TEMPLE 18.02 25 EA $ $ DAMS 40TH & NASHVILLE 8.2 25 EA $ $ MAXEY-BAGGING SWIMMING POOL 30TH AND NASHVILLE 70.89 25 EA $ $ YOUTH SPORTS COMPLEX :DEVELOPED 6204125TH 41.75 25 EA $ $ GROUP 2 CLASS A & B TOTAL COST 21637 25 EA $ 43 INDEX 9 TURF MAINTENANCE GROUPS GROUP3 CLASS C PARKS AND PROPERTIES UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/M MAINT. CYCLE UNIT COST EXTENDED COST N. AVE 0 STRIP N. AVE. Q DR. & N. AVE. P 0.25 17 EA $ $ GUADALUPE ENTRANCE 1 ST & AVE. J 0.25 17 EA $ $ GUADALUPE 2ND & AVE P 3.66 17 EA $ $ WOODS ERSKINE & ZENITH 11.7 17 EA $ $ GUADALUPE STRIP 1ST & AVE O 4.14 17 EA $ $ CARTER N. GLOBE & N. LOOP 289 3.3 17 EA $ $ SIMS, GLADYS MARLBORO & KING 4.96 17 EA $ $ REAGAN NAOMI COLGATE ST. & OLIVE AVE. 4.48 17 EA $ $ HOLLINS 1ST& VERNON 6.4 17 EA $ $ DAVIES N. AVE N & CLEMSON 6.0 17 EA $ $ CANYON RIM BATES & AVE K 2.9 17 EA $ $ SEDBERRY E. IOTH & GUAVA 5.0 17 EA $ $ BUTLER E. 4TH & ZENITH 6.0 17 EA $ $ OVERTON 14TH & AVE U 2.0 17 EA $ $ ROY FURR PIONEER 6TH & AVE T 4.2 17 EA $ $ CARLISLE CEMETERY 7308 19TH 1.1 17 EA $ $ SMITH 15TH & CHICAGO 4.3 17 EA $ $ LOPEZ, RICHARD AUBURN & CHICAGO 7.91 17 EA $ $ COOKE, ALEX & VERNA 18TH & KIRBY 7.01 17 EA $ $ WHISPERWOOD 4TH & WHISPERWOOD 5.0 17 EA $ $ BUDDY HOLLY REC AREA N. UNIVERSITY & CANYON LAKE RD. 5.0 17 EA $ $ FIESTA PLAZA 911 N. UNIVERSITY 12.0 17 EA $ $ MAEDGEN 1 ST & BOSTON 4.51 17 EA $ $ DETROIT AVE. STRIP CLOVIS HWY. TO 2ND PLACE 1.1 17 EA $ $ RCA (DEVELOPED) 15TH & INLER 3.01 17 EA $ $ ANIMAL SHELTER 401 N. ASH 1.0 17 EA $ $ GROUP 3 - CLASS C TOTAL COST 117.18 $ 44 I '] INDEX 9 TURF MAINTENANCE GROUPS GROUP 4 CLASS C PARKS AND PROPERTIES: UNIT ADDRESS APPROX ACREAGE ANNUAL MAINT CYCLES APPROXIMATE Ulm MAINT. CYCLE UNIT COST EXTENDED COST i QUINCY MEDIANS 82ND TO 96TH & 93RD & PONTIAC TO 96TH AND PONTIAC 5.62 17 EA $ $ REMINGTON 74TH & ALBANY 14.96 17 EA $ $ A69TH & SLIDE 69TH & SLIDE 1.93 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 $ $ k WASHINGTON E. 22ND & CEDAR 3.5 17 EA $ $ L CARLISLE 28TH & AVE X 4.5 17 EA $ $ 7 4 CHATMAN E. 29TH & JUNIPER 3.0 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 $ $ -HINOJOSA 7336 22ND 3.0 17 EA $ $ M DURAN, DR. ARMANDO 26TH & KEWANEE 8.37 17 EA $ $ �1 STRONG, JACK & MARY NELL 81ST & AVE. U 7.75 17 EA $ $ UNDERWOOD 74TH & CEDAR 7.70 17 EA $ $ -WHEELOCK 40TH & ELGIN 2.0 17 EA $ $ RATLIFF 50TH & CHICAGO 6.26 17 EA $ $ NOEL 84TH & CHICAGO 11.33 17 EA $ $ NEUGEBAUER 83RD & GARDENER 3.3 17 EA $ $ tASEY 66TH & AVE W 8.1 17 EA $ $ _CROW 91ST & BELTON 10.17 17 EA $ $ L.,.. CROUP 4 CLASS C TOTAL COST 135.53 $ 45 9; INDEX 9 TURF MAINTENANCE GROUPS i GROUP8 CLASS B - BROADWAY STREETSCAPES UNIT ADDRESS APPROX ANNUAL Ulm MAINT. EXTENDED AREA MAINT CYCLE COST CYCLES UNIT COST APPROXIMATE UNIVERSITY & BROADWAY TO BROADWAY STREETSCAPE BROADWAY & MLK NON -BAGGED) BLVD. 2.7 MILES 25 EA $ $ GROUP 8 CLASS B TOTALS 2.7 MILES $ 50 INDEX 9 TURF MAINTENANCE GROUPS GROUP 8 CLASS C — S.W. LOOP TURNAROUNDS JNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/M MAINT. CYCLE UNIT COST EXTENDED COST UNIVERSITY / SOUTHEAST S. LOOP 289 & UNIVERSITY 1.85 17 EA JNIVERSITY / SOUTHWEST S. LOOP 289 & UNIVERSITY 0.64 17 EA JNWERSITY/NORTHWEST S. LOOP 289 & UNIVERSITY 1.53 17 EA UNIVERSITY/ NORTHEAST S. LOOP 289 & UNIVERSITY 1.32 17 EA INDIANA / SOUTHEAST S. LOOP 289 & INDIANA 1.42 17 EA NDIANA / NORTHWEST S. LOOP 289 & INDIANA 1.54 17 EA $ NDIANA/ SOUTHWEST S. LOOP 289 & INDIANA 1.22 17 EA INDIANA/ NORTHEAST QUADRANT S. LOOP 289 & INDIANA 1.28 17 EA UAKER/SOUTHEAST QUADRANT S. LOOP 289 & QUAKER 1.92 17 EA )UAKER / NORHTEAST S. LOOP 289 & QUAKER 1.41 17 EA IS iUAKER / NORTHWEST S. LOOP 289 & QUAKER 1.76 17 EA UAKER/ SOUTHWEST QUADRANT S. LOOP 289 & QUAKER 1.0 17 EA SLIDE / SOUTHEAST QUADRANT S. LOOP 289 & SLIDE 2.04 17 EA LIDE/NORTHWEST QUADRANT S. LOOP 289 & SLIDE 2.75 17 EA LIDS/ SOUTHWEST QUADRANT S. LOOP 289 & QUAKER .93 17 EA SLIDE / NORTHEAST QUADRANT S. LOOP 289 & SLIDE 0.78 17 EA $ $ GROUP 8 CLASS C S.W. LOOP TURNAROUND TOTAL COST 23.39 n 51 q INDEX 9 TURF MAINTENANCE GROUPS GROUP 8 CLASS E RIGHT OF WAY PROPERTY UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT CYCLES APPROXIMATE U/M MAINT. CYCLE UNIT COST EXTENDED COST 4TH &AVE. H (S.E.CORNER) 4TH & AVE. H 0.3 MI 8 EA $ 19TH RIGHT-OF-WAY AVE, C TO AVE, F .2 MI 8 EA 19TH ST RIGHT-OF-WAY AVE. X TO UNIVERSITY .13 MI 8 EA $ 19TH ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 1.0 MI 8 EA 19TH ST RIGHT-OF-WAY INDIANA TO PEORIA 0.7 MI 8 EA 19TH ST RIGHT-OF-WAY FRANKFORD TO W. LOOP 289 0.22 MI 8 EA 34TH ST RIGHT-OF-WAY HICKORY TO GLOBE .11 MI 8 EA 34TH ST RIGHT-OF-WAY AVE G. TO 1-27 I.0 MI 8 EA $ 34TH ST RIGHT-OF-WAY I-27 TO AVE. J .90 MI 8 EA 34TH ST RIGHT-OF-WAY AVE. X TO UNIVERSITY 0.13 MI 8 EA 34TH ST RIGHT-OF-WAY UNIVERSITY TO AKRON .12 MI 8 EA 34TH ST RIGHT-OF-WAY VICKSBURG TO SLIDE .37 MI 8 EA 34TH AND SLIDE TRIANGLE 34TH AND SLIDE .30 8 EA 34TH ST RIGHT-OF-WAY FRANKFORD TO HYDEN 0..48 MI 8 EA 29TH DR. RIGHT-OF-WAY 34TH TO MARSHA SHARP FREEWAY 0.22 MI 8 EA $ 50TH ST RIGHT-OF-WAY AVE C TO I-27 .35 MI 8 EA 50TH ST RIGHT-OF-WAY I-27 TO AVE Q 0.59 MI 8 EA 50TH ST RIGHT-OF-WAY AVE W TO UNIVERSITY 0..25 MI 8 EA 50TH ST RIGHT-OF-WAY UNIVERSITY TO INDIANA 1.0 MI 8 EA $ 50TH ST RIGHT-OF-WAY INDIANA TO QUAKER 1.0 MI 8 EA 50TH ST RIGHT-OF-WAY WAYNE TO SLIDE INCLUDING 3 MEDIANS @ INTERSECTION .25 MI 8 EA N. MLK RIGHT-OF-WAY REGIS TO MUNICIPAL DRIVE HARDSURFACE & LANDSCAPE MEDIANS 2.04 MI 8 EA MLK RIGHT-OF-WAY R 2ND TO E. 4TH 0.28 MI 8 EA MLK RIGHT-OF-WAY E. 19TH THROUGH 37TH 1.3 MI 8 EA $ E. 26TH ST OVERPASS SLOPES & ADJACENT GROUNDS E. 24TH TO E. 26TH 0.3 MI 8 EA 52 INDEX 9 TURF MAINTENANCE GROUPS GROUP 8 CLASS E RIGHT OF WAY PROPERTY UNIT ADDRESS APPROX. ACREAGE ANNUAL MAINT CYCLES (APPROXIMATE) U/M MAINT. CYCLE UNIT COST EXTENDED COST 1VE A RIGHT-OF-WAY UNDERPASS BETWEEN 13TH & 16TH ST. 0.19 MI 8 EA $ AVE A RIGHT-OF-WAY 51 ST TO 60TH 0.63 MI 8 EA kVE H UNDERPASS 4TH TO 7TH 0.20 MI 8 EA TEXAS AVE UNDERPASS 4TH TO 7TH 0.22 MI 8 EA kVE L RIGHT-OF-WAY 4TH TO 8TH 0.28 MI 8 EA AVE O RIGHT-OF-WAY 4TH TO 6TH 0.15 MI 8 EA $ MOVIS & AVE Q MEDIAN AVE Q & CLOVIS RD. 0.02 MI 8 EA $ CLOVIS & INDIANA MEDIAN INDIANA & CLOVIS RD. S.E.CORNER MEDIAN .01 MI 8 EA JNIVERSITY RIGHT-OF-WAY N. LOOP 289 TO ERSKINE 1.0 MI 8 EA $ $ iNIVERSITY RIGHT-OF-WAY CLOVIS TO DARTMOUTH 0.07 MI 8 EA $ $ UNIVERSITY RIGHT-OF-WAY 3RD ST TO MARSHA SHARP FREEWAY .05 MI 8 EA JNIVERSITY RIGHT-OF-WAY MARSHA SHARP FREEWAY TO MAC DAVIS .14 MI 8 EA `TNIVERSITY RIGHT-OF-WAY MAC DAVIS TO GOODACRE .12 MI 8 EA $ $ UNIVERSITY RIGHT-OF-WAY 17TH TO 19TH .14 MI 8 EA JNIVERSITY RIGHT-OF-WAY 19TH TO 20TH .09 MI 8 EA UNIVERSITY RIGHT-OF-WAY 38TH TO 44TH .38 MI 8 EA NIVERSITY RIGHT-OF-WAY 46TH TO 50TH .25 MI 8 EA UNIVERSITY RIGHT-OF-WAY 50TH TO S. LOOP 1.34 MI 8 EA $ LIDE ROAD RIGHT-OF-WAY 60TH TO S. LOOP .31 MI 8 EA $ ERSKINE AVE FRANKFORD TO MILWAUKEE 1.0 MI 8 EA $ 19.84 MI :RP. 8 CLASS E TOTAL COST ;ROUP 8 CLASS B, C & E TOTAL COST j 53 INDEX 9 TURF MAINTENANCE GROUPS GROUP 9 CLASS B — CEMETERY UNIT ADDRESS APPROX ANNUAL U/M MAINT. EXTENDED ACREAGE MAINT CYCLE COST CYCLES UNIT COST (APPROXIMATE) BASE BID 2011 EAST 31 ST CITY OF LUBBOCK CEMETERY STREET 160 25 EA $ $ ADDITIVE OPTION CITY OF LUBBOCK CEMETERY * Contractor will string trim the entire Cemetery property for each cycle. 2011 EAST STREET 25 EA $ $ GROUP 9- CLASS B TOTAL COST: 160 $ 54 INDEX 10 CITY OF LUBBOCK PROPOSED EQUIPMENT FOR CONTRACT TURF MAINTENANCE USAGE �g K0 _,,3 A ��.zcs I�szr_.ss� ss MAKE AND MODEL 20P,E Z.,A,izs 2%/ZS 2aoS %Y'b l � MAx �n4x /j��N�JurA .2Oof L 7y'd INDEX 12 HAZARDOUS COMMUNICATION PROGRAM V tyof ock TEXAS WRITTEN HAZARD COMMUNICATION PROGRAM Exhibit A Administered by the City of Lubbock's Safety Department WRITTEN HAZARD COMMUNICATION PROGRAM TABLE OF CONTENTS I. POLICY STATEMENT REGARDING HAZARD COMMUNICATION II. HAZARD COMMUNICATION IMPLEMENTATION PLAN A. Workplace Chemical List B. Material Safety Data Sheets (MSDS) 1 INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 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 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 Citv of Lubbock emplovees is an orsianizational Driority. 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 L S gi 't &. i i l_ INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 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. IL 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 31st 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. 3 INDEX 12 HAZARDOUS COMMUNICATION PROGRAM i, All missing MSDS's will be requested in writing from the manufacturer or -' distributor. Any hazardous chemical not having a corresponding MSDS will be removed from service until the MSDS is received. (Note: Appendix B is a sample letter that you may use to request MSDS's from manufacturers and suppliers) All MSDS's will be reviewed annually. For each MSDS in excess of 2 years old the manufacturer will be contacted to determine if the information is the most current and up-to-date for that chemical. Any updated MSDS's received from the supplier will be inserted in the MSDS book and the old MSDS discarded. 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 regardingLpotentially 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 D. EMPLOYEE TRAINING All Contractor employees will be trained in Hazard Communication. In accordance with City policy, employees who are routinely exposed to hazardous chemicals while performing their job duties, must receive annual-r 4 INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 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 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 employees have a "right to know", 61 INDEX 12 HAZARDOUS COMMUNICATION PROGRAM according to law, about chemical hazards in the workplace. Those. rights include: 1. 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 begin work. The Hazard Communication Coordinator for the department in which the contractor employees are assigned will be responsible for providing Hazard Communication training specific to the hazards associated with working in that department. All training must be documented and recorded according to this Implementation Plan. (Note: Appendix C is an outline that may be used as an abbreviated training guide for training contractor/ seasonal/ temporary employees placed with the City through an Agency) All contractors will be informed of the hazardous chemicals present in the buildings in which they work. They will be shown the storage location and given access to the MSDS's and workplace chemical lists for that department. The Hazard Communication Coordinator_ 6 INDEX 12 HAZARDOUS COMMUNICATION PROGRAM will obtain from the contractor a signed document acknowledging these items were communicated to the contractor representative. (Note: Appendix D is a form that may be used for Contractor Hazard Communication Acknowledgment.) All contractors who bring hazardous chemicals on to City of Lubbock property must provide a MSDS for each chemical and an inventory of all chemicals brought on site. These documents must be accessible to the Hazard Communications Coordinator and City of Lubbock employees. 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. 20 Appendix A Workplace Chemical List (List of hazardous materials stored in excess of 55 gallons or 500 pounds) department Chemical Location 3 Z/s S 2. o'loTvn f%TG l/T" Sierra.. �i�w 3.t/D!1/aLr� 4. �i2 L om PAeSsg-4 3G/,.t' .(uan,dr A 5. j x2X �zis .�� /4V I INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 6. S,��Doar,r 2/1 - ia 7. 11Gaw &CU 2/S" J"m,. 8. 9. 10. 11. Date of list: Signature W- Note: This list must be maintained on file in the department for 30 years S INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 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) E INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 21 Appendix C 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. • 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. �l 10 i r i_ g¢4gf. t Appendix D INDEX 12 HAZARDOUS COMMUNICATION PROGRAM Contractor Acknowledgment of Hazard Communication I have been informed of the presence of hazardous materials on the premises, and of the location of the corresponding Material Safety Data Sheets (MSDS). I agree to provide MSDS's for all hazardous materials brought on site, and will remain in compliance with the Hazard Communication Standard while on City of Lubbock property. Contractor signature Date Appendix E INDEX 12 HAZARDOUS COMMUNICATION PROGRAM 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 # X06 - Syy-/Jjz • 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 "extremely 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 44e-le- Duo, Emergency Exit M /J y /J o 7-14 / J� D g CY Map i4G/L /✓o0/4J 12