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HomeMy WebLinkAboutResolution - 2007-R0119 - Contract - West Texas Maintenance - Turf Maintenance - 03_22_2007 (2)Resolution No. 2007-R0119 March 22, 2007 Item No. 5.17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and West Texas Maintenance of Lubbock, Texas, for turf maintenance for Group 2 A&B Class C per ITB 07-017-MA, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 22nd day of March , 2007. DAVID A. MILLER, MAYOR ATTEST: QAU:�C� 4�f- Re ecca Garza, City Secretary APPROV D AS T CONTENT: I - "I Randy True dell Community Services Director APPROVED AS T FORM: n Vandiver, Attorney of Coun- e�— DDres/west Tex M a in t-#2Tu HM a in WX'on Res March 15, 2W No Text CITY OF LUBBOCK INVITATION TO BID FOR Turf Maintenance - Group 2 A& B Class C 07-017-MA ADDRESS: LUBBOCK, TEXAS CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. STATUTORY BOND 5. CERTIFICATE OF INSURANCE 6. CONTRACT 7. GENERAL CONDITIONS OF THE AGREEMENT 8. SPECIFICATIONS 9. TURF MAINTENANCE GROUP 2 A & B Class C 10. PROPOSED EQUIPMENT FOR CONTRACT TURF MAINTENANCE 11. PAYMENT REQUEST FOR TURF MAINTENANCE 12. WRITTEN HAZARDOUS COMMUNICATION PROGRAM INDEX 1 NOTICE TO BIDDERS ITB #07-017-MA Sealed bids addressed to Victor Kilman, Director of Purchasing & Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing & Contract Management, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 4:00 o'clock a.m, on February 22, 2007. Turf Maintenance — Group 2 A&B Class C After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Director of Purchasing & Contract Management and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Director of Purchasing & Contract Management for the City of Lubbock, before the expiration of the date above first written. Bids are due at 4:00 o'clock p.m. on February 22, 2007, and the City of Lubbock City Council will consider the bids on March 5. 2007 the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best.Ratina of B or su or. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable Surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN - DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidders sole responsibility to inspect the site of the Work and to inform himself regarding all local conditions under which the Work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will not be a pre -bid conference. 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 VICTOR KILMAN, DIRECTORPURCHASING & CONTRACT MANAGEMENT 1 INDEX 2 GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Turf Maintenance per the - attached Specifications and contract documents. Sealed bids will be received no later than 4:00 p.m. CST, February 22, 2007 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #07-017-MA Turf Maintenance — Group 2 A&B Class C" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Director of Purchasing & Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain that bids are delivered to the Purchasing & Contract Management Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier -- service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING ** DELETED** 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.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the Specifications or other documents may request an interpretation thereof from the Purchasing & Contract Management Department. At the request of the bidder, or in the event the Purchasing & Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract Management Department will be available over the Internet at http:Hwww.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing & Contract Management Department no later than five (5) days before the bid closing date. - a 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing & Contract Management Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. INDEX 2 GENERAL INSTRUCTIONS TO BIDDERS 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these Specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, Specifications, or contract documents, shall be given to the Director of Purchasing & Contract Management and a clarification obtained before the bids are received, and if no such notice is received by the Director of Purchasing & Contract Management prior to the opening of bids, then it shall be deemed that the bidder fully understands the Work to be included and has provided sufficient sums in its bid to complete the Work in accordance with these plans and Specifications. If bidder does not notify Director of Purchasing & Contract Management before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and Specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the Work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local Y' resources, and to outline in their bid submittal how they would utilize local resources. 2 INDEX 2 GENERAL INSTRUCTIONS TO BIDDERS 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or Agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All Work covered by the contract shall be done in accordance with contract documents described in the =_ General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for this project and shall be responsible for the satisfactory completion of all Work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's resvonsibility to advise the Director of Purchasing & Contract Management if anv 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 City of Lubbock Purchasing & Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13'b Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: malvarez@mylubbock.us RFPDepot: hup://www.RFPdepot.com 13 TIME AND ORDER FQR L TIO 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. INDEX 2 GENERAL INSTRUCTIONS TO BIDDERS 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 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. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the Specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials and workmanship of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The Specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The Contractor will be furnished one set of Specifications, and related contract documents for his use during the contract period. Specifications for use during the contract period will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and Specifications to subcontractors or others, as required for proper prosecution of the Work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and any and all parts of the Work whether the Contractor has been paid, partially paid, or not paid for such Work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all Work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 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 INDEX 2 GENERAL INSTRUCTIONS TO BIDDERS 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 of 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 coverages shall be submitted before contract execution. 24.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil INDEX 2 GENERAL INSTRUCTIONS TO BIDDERS Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 25.1.1 The project is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 25.1.2 Delays are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 When contract Work requiring an inspector after regular business hours, on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday prior to mowing. The Contractor must obtain written permission from the Owner's Representative to do such Work. The final decision on whether to allow Work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the Work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence Work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 27 PREPARATION FOR BID 27.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the Work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 27.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized Agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized Agent. Powers of attorney authorizing Agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 27.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 27.3.1 Bidder's name 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. 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. INDEX 2 GENERAL INSTRUCTIONS TO BIDDERS 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) Statutory Bond (d) Certificate Of Insurance (e) Contract Agreement (i) General Conditions (g) Specifications (h) Turf Maintenance Group (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 municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform Work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform Work on this project in compliance with City of Lubbock Specifications herein. bl INDEX 2 GENERAL INSTRUCTIONS TO BIDDERS A 30 BID AWARD 30.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid. 30.2 All bids are evaluated for compliance with Specifications before the bid price is considered. Response to Specifications is primary in determining the best low bid. Failure to comply with the Specifications may result in disqualification of the bid. 30.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 30.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 30.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of Work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 30.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 8 INDEX 3 BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS DATE: 2 • 2 7. 2 ,-- % PROJECT NUMBER: #07-017-MA " Turf Maintenance - Group 2 A & B Class C" Bid of W rsr %Px4j ��s�raE•�•,y,�,� (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the Contract Turf Maintenance having carefully examined the plans, Specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended Work, and being familiar with all of the conditions surrounding the turf maintenance mowing Specifications including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies in accordance with the plans, Specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the Work required under the contract documents. GROUP 2-A, CLASS C - TOTAL C COST Or,o--A, �o/&tr Soya- Z. 44,-F A4.ry�Yio _Srr� fsv� � � ($ / 5 r `f&f. 2° ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) GROUP 2-13, CLASS C TOT 1 ,,// r sy SY COST Q,,,r_/�ri�a,�„ I► s/�w /hiww.,. /&,a Ate 4 J�/rWi?a f ,�'.,, ($ /y123. ) (Amount shall he shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) 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. INDEX 3 BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable Surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars $ ) or a Bid Bond in the sum of S% Dollars which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: ,., Addenda No. Date 2. Addenda No. _ Date Addenda No. Date Addenda No. Date Date, Z 2o0 4� Authorized Siig%ture (Printed orTypedName) Company �' ,/s Addr%e� 4G/iYloc.[ City — County /�xA. �syly State Zip Code Telephoner - ,sy8 -00 Fax: M/WBE Firm: I Woman Black American Native American His anic American Asian Pacific American Other(Specify) otm AAftwe,, 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. INDEX 3 BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS LIST OF SUBCONTRACTORS Minority Owned Yes No THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO SECTION 29G OF THE GENERAL CONDITIONS. 3 INDEX 3 BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal 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: 4/��d; �c��Cgl i�i4x.+.�.,.�y••�tE (Print or Type ) CONTRACTOR'S FIRM ADDRESS: �6/s Name of Agent/Broker: /100-441 —1n140A,a,-49,1 .;r4 44C4.09, 61-42 .G V^6v 44rlrw*A- Aa r4 Ilk Address of A entBroker: 4/o/ �►/J/i�r c i City/State/Zip: L/ue*13N4, __ Agent/Broker Telephone Number: A"../7 f ' jqv Date: -, � Z 7. 2-- "7 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another Contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the Citv of Lubbock at (806) 775-2165. a INDEX 3 BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) _ The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. 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: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. INDEX 3 BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. 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 If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepre( t�ati ,M or, oT). sions may cause my bid to be rejected. Signature Owti Title INDEX 3 BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: G 4jr Signature of Company Official: Date Siened: 2.2 7. 2 Printed name of company official signing 7 INDEX 4 STATUTORY BOND STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that as Principal(s), and (hereinafter called the Principal(s), (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 20 , to and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 20 Surety *By: (Title) (Company Name) By: (Printed Name) (Signature) (Title) INDEX 4 STATUTORY BOND The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By: (Title) Approved as to form: City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. N INDEX 4 STATUTORY BOND STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of 20___, to the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, Specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety(s) have signed and sealed this instrument this — day of , 20 Surety (Company Name) * By: By: (Title) (Printed Name) (Signature) (Title) 3 INDEX 4 STATUTORY BOND The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 4 0 CERTIFICATE OF INSURANCE j TO: CITY OF LUBBOCK DATE: P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: _. THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) S Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hued Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER SRISK ❑ 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits PartnersfExecutive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE J (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: -, The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. 1 L -7 INDEX 5 CERTIFICATE OF INSURANCE CONTRACTOR CHECKLIST A C, O�NTRACTOR 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; (2) 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; (5) retain all required certificates of coverage on file for the Duration of the Project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. INDEX 5 CERTIFICATE OF INSURANCE 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) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the Certificate of Coverage to be provided to the person for whom they are providing services._ CONTRACT #7547 STATE OF TEXAS COUNTY OF LUBBOCK i THIS AGREEMENT, made and entered into this 22°d day of March, 2007 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and West Texas Maintenance of Lubbock of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 07-017-MA - Turf Maintenance — Group 2 and all Extra Work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. West Texas Maintenance of Lubbock's bid dated February 28, 2007 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: By: PRINTED NAME: TITLE: ©44�r,S, - _ COMPLETE ADDRESS: w_ West Texas Maintenance of Lubbock 4615 94th Street Lubbock, Texas 79424 ATTEST: Corporate Secretary CITY OF LUBBOCK, E S (OWNER): B}-- MAYOR ATTEST: City S cretary APPRO;?;? CONT Randy fruesdell, Community Servi /eD: irector • •' i T� 7\'� INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 1. Definitions: 1.1 Agent - An employee of the Division of Community Services, City of Lubbock, who is appointed by the City to monitor the Work and actions of the Contractor. 1.2 Call Back — Contact with the Contractor by Agent notifying Contractor of Unfinished Work. 1.3 Certificate of Coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the Duration of the Project 1.4 City - The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas. 1.5 Classification (Class) - The organization of sites according to service frequencies. 1.6 Contract Time - The number of allowable days to complete the contract. 1.7 Cycle - The complete service of all sites in a Class at one time. 1.8 Designated Superintendent - The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. 1.9 Drought Contingency Plan —Any enactment by the City of Lubbock requiring that the irrigation of any property owned or subject to control by the City of Lubbock that is also subject to the work contemplated under this Contract be reduced or otherwise restricted. 1.10 Duration of the Project - includes the time from the beginning of the work on the project until the Contractoes/person's work on the project has been completed and accepted by the governmental entity. 1.11 Extra Work - work over and above that is called for in the contract. 1.12 Mayor - The duly appointed official of the City of Lubbock, Texas, who is empowered by the City Charter to enter into a contract in behalf of the City. 1.13 Notice to Proceed - Written notice to the Contractor issued and signed by the authorized Agent stating the date on which the Contractor should proceed with Work as stated in the contract. 1.14 Payment Bond and Performance Bond — Payment, Performance and Maintenance Bond is the approved form of security furnished by the Contractor and his Surety. 1.15 Review Committee - A committee chosen by the City staff, to analyze and recommend to City Council the best Contractor(s) to perfonn the tasks governed by the contract. 1.16 Specifications - The directions, provisions, and requirements pertaining to the method and manner of performing the Work or to the quality of the materials and equipment to be furnished under the contract. 1.17 Surety,— The corporation, partnership or individual, duly authorized and admitted to do business in Texas and licensed by the State of Texas to issue surety bonds, who is bound with and for the Contractor to assume legal liability for the faithful performance of the contract. 1.18 Unfinished Work — Any initial Work pertaining to the mowing contract not satisfactorily completed. Twenty-four (24) hours will be given to complete any Call Backs. 1.19 Unit — A single maintenance site. 1.20 Unit Price - Payment to the Contractor based on a Unit or portion of the Work performed. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 1.21 Vendor Performance — The Purchasing and Contract Management Department administers a Vendor Performance program for use by all departments and ordering entities. The Vendor Performance Program relies heavily on the ordering entity's participation in gathering information on Vendor Performance. The purpose of the program is to create a method for documenting and advising the Purchasing Department of the exceptional performance or any problems relating to purchased products or services. This method is for the purpose of vendor management; one file will exist on each vendor's performance in the Purchasing Department. 1.22 Work - All Work, including the furnishing of staff, equipment, materials, and other incidentals necessary for the performance of the contract. 2. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 3. CONTRACTOR The individual, firm, partnership, joint venture, or corporation contracting with the City to perform Work. 4. 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 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 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 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 first name and the employee's affiliation with the Contractor. Employees of the Contractor should refer any citizen inquiries to the Owner representative(s). INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 11. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the Work contemplated by the contract documents has been performed in sufficient portion so that use or occupancy or the area is in a condition to serve its intended purpose, but to such an extent that minor miscellaneous Work may be still required. 12. CLEAN-UP As specified in the Maintenance Standards Specifications, all Work shall be cleaned up and waste materials } removed from the site. No equipment shall be left at neighborhood parks or any of the Owner's owned property site and all material removed from the job shall be at the Contractor's expense. If equipment, materials, or waste are not removed from the site, written notification from the Agent shall be delivered to the Contractor. The Contractor shall have forty-eight (48) hours to remove the equipment, materials, or waste in question. If the equipment, materials, or waste in question is not removed in the forty-eight (48) hour period, the Owner shall remove said equipment, material, or waste, and the Contractor shall be charged for the expense. Payment to the City for said expenses shall be deducted from the Contractor's payment. If such conditions continue, the contract may be terminated due to breach of contract. 13. MOWING SCHEDULES Except as specifically provided herein, the Contractor shall be responsible for scheduling all Work and shall accomplish this Work in a manner acceptable to the Owner's Representative or Agent(s). The Owner's Representative or Agent(s) will check the Contractor's schedule(s) of all mowing Work done by the Contractor but this check does not relieve the Contractor of the responsibility of correctly scheduling all Work in accordance with the Specifications. 14. LITTER The Owner will be responsible for litter control for Group 2 during regular business hours. The Contractor will be responsible for litter and debris if work is required after regular business hours, on holidays, or on weekends. Litter and debris control for Group 4 Broadway Streetscapes, Southwest Loop Turnarounds & Right -of -Way shall be performed by the Contractor. The Contractor understands and acknowledges that litter or debris may accumulate prior to mowing with no fault to either party. The Contractor shall not mow over trash or debris. "The Contractor shall instruct mower operators to inspect sites carefully for, and to avoid creating, dangerous or unsightly conditions, and dispose of debris at the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor." 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 4 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 for identification; either clip -on or incorporated with a uniform. This identification shall be worn at all times that the employee is at the job site. The Contractor shall provide uniforms of a different color than the Owner's employee uniforms. Uniforms may not be torn or ragged and shall present a professional appearance. Additionally, the Contractor will at all times require employees to remain fully dressed and will not allow employees to wear unbuttoned clothing while on the Owner's property. Contractor's employees shall not display any print or logo on their vehicles or clothing that purports them as employees of Owner, nor shall Contractor's employees in any way hold themselves out to be employees of the Owner. 17. OWNER'S RFiPRESENTATIVE'S AND AGENTS 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 (15) 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 and any necessary assistants, all satisfactory to Owner's Representative or Agent(s). The Designated Superintendent shall represent the Contractor in its absence and all directions given to the Designated Superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the Work and lack of such supervision shall be grounds for 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. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 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 borne by the Contractor at its own cost and expense. 21. 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. 22. PROPERTY AND BOUNDARY Parks & Owner Facilities, When the property to be maintained is bound by a street, the scope of maintenance will extend into roadway a minimum of six (6) inches from lip of street gutter, if the boundary is an alley, maintenance will consist of a minimum of/z (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 6 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT roadway on non -curbed medians or traffic islands. Non -curbed streets shall be maintained from the roadway to the centerline of the drainage channel. Maintenance at intersections shall include a visibility triangle ten feet wide by thirty feet from either side of the mid -point of the curb's radius. Aerial maps of the parks and parks properties are available for viewing highlighting the boundaries. Copies can be obtained by request at the pre -bid meeting or by contacting the Parks Department at 775-2687. Contractor should allow a +/- 10% variance in determining overall size. Contractors are encouraged to view these maps as well as conduct a personal site visit. "DISCLAIMER -CITY OF LUBBOCK: These maps were created using data obtained from various sources, and created exclusively for the internal use of the City of Lubbock. Portions of the information may be incorrect or not current. Any person or entity who relies on any information obtained from these maps does so at their own risk. Neither the City of Lubbock, Texas, nor any agency, officer, or employee of the City of Lubbock, Texas, warrants the accuracy, reliability, or timeliness of such information. THIS PUBLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT. THE 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." 23. TERMINATION OF CONTRACT This contract shall remain in effect until the expiration date, performance of services ordered, or termination of -f 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 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 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. 7 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 26. EXTRA WORK The term "Extra Work" as used in this contract shall be understood to mean and include all Work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the Work as shown on the plans and Specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all Extra Work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such Extra Work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said Extra Work shall be determined by the following methods: Method (A) - By agreed Unit Prices; or Method (B) - By agreed lump sum; or Method (C) - if neither Method (A) or Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the Extra Work, plus fifteen (1S%) 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 (CXI), 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 (CXI). 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. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the Work to be included and has provided sufficient sums in its bid to complete the Work in accordance with these plans and Specifications. If Contractor does not notify Owner's Representative before bidding 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 in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 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, 9 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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. 31. CONTRACTOR'S INSURANCE The Contractor shall not commence Work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. 31.1 Contractor shall indemnify, hold harmless, and defend the City of Lubbock, its officers and employees from and against any and all liability or alleged liability without fault and liability by virtue of the obligations that the City of Lubbock assumes toward its indemnitee(s) insofar as applicable to this Contract or the Work to be performed hereunder and including cost of suit, attorneys' fees, and all other related costs and expenses of whatever kind or character arising directly or indirectly from any cause whatsoever in connection with or incidental to this Contract or the Work to be performed hereunder, including such injury or harm as may be caused in part by any neglect, act, or omission of the City, its officers and employees, excepting only such injury or harm as may be caused solely by an act or omission of the City, its officers and employees. Notwithstanding the foregoing, the Contractor specifically agrees to so indemnify, hold harmless, and defend the City from and against any and all such liability, suits, action, legal proceedings, claims, or demands that may be made or pursued by an employee of Contractor, or of any subcontractor, or materialsman, or anyone acting on behalf of contractor in connection with or incidental to this Contract which are alleged to be attributable to any condition of or upon the City's property facilities, materials, or -A equipment, including where such condition and resulting injury or harm is caused in part by any negligent act or omission of City, its officers and employee, but excepting only such injury or harm as may caused solely by an act or omission of City, its officers and employees. Contractor agrees to waive any and all claims and suits covered by this indemnity agreement and agrees that any insurance carrier involved shall not be entitled to subrogation under any circumstance against City, its officers and employees. 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 10 ji INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 $50,000. 31.2.3 Commercial General Liability Insurance at minimum combined single limits of $100,000 per occurrence and $3 general aggregate for Bodily Injury and Property Damage, which coverage shall include Products/Completed Operation ($300,000 Products/Completed Operations Aggregate), Personal & Adv. Injury. Coverage must be written on an Occurrence Form. Contractual Liability must be obligations contained in the contract. Commercial Automobile Liability Insurance at minimum combined single limits of $100,000 per occurrence for owned, non -owned, and hired coverage. 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 primary 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. 3I.4.4 The policy shall be endorsed to require the insured to notify the City of Lubbock of any changes in the insurance coverage within 30 days prior to the change. 31.5 All insurance shall be purchased from an insurance company that meets the following requirements. 31.5.1 A Best financial grading of A: H 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. [-1, 31.7 The City of Lubbock shall receive at least sixty (60) calendar days' written notice prior to cancellation or r termination of insurance. INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 31.8 The Contractor shall understand and agree that they are an independent Contractor and that they are not an employee of the City, and that the City will not provide Worker's Compensation, health or accident insurance, general liability insurance, or any other form of insurance coverage of any kind which would cover the Contractor or their employees, if any, in and under the terms of the Bid. 31.9 The Contractor includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 31.10 The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the Duration of the Project. 31.11 The Contractor must provide a Certificate of Coverage to the governmental entity prior to being awarded the contract. 31.12 If the coverage period shown on the Contractor's current Certificate of Coverage ends during the Duration of the Project, the Contractor must, prior to the end of the coverage period, file a new Certificate of Coverage with the governmental entity showing that coverage has been extended. 31.13 The Contractor shall obtain from each person providing services on the project, and provide to the _. governmental entity: 31.13.1 a Certificate of Coverage, prior to that person beginning Work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 31.13.2 no later than seven days after receipt by the Contractor, a new Certificate of Coverage showing extension of coverage, if the coverage period shown on the current Certificate of Coverage ends during the Duration of the Project. 31.14 The Contractor shall retain all required certificates of coverage for the Duration of the Project and for one year thereafter. 31.15 The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 31.16 The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 31.17 The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: 12 INDEX '7 GENERAL CONDITIONS OF THE AGREEMENT 31.17.1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the Duration of the Project; 31.17.2 provide to the Contractor, prior to that person beginning Work on the project, a Certificate of Coverage showing that coverage is being provided for all employees of the person providing services on the project, for the Duration of the Project; 31.17.3 provide the Contractor, prior to the end of the coverage period, a new Certificate of Coverage showing extension of coverage, if the coverage period shown on the current Certificate of Coverage ends during the Duration of the Project; 31.17.4 obtain from each other person with whom it contracts, and provide to the Contractor: 31.17.4a a Certificate of Coverage, prior to the other person beginning Work on the project; and 31.174b a new Certificate of Coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current Certificate of Coverage ends during the Duration of the Project; 31.17.5 retain all required certificates of coverage on file for the Duration of the Project and for one year thereafter; 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 insurance company setting forth: 13 (1) (2) (3) (4) (5) (6) (7) (8) (9) INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT The name and address of the insured. The location of the operations to which the insurance applies. The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. 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. 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. 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. If policy limits are paid, new policy must be secured for new coverage to complete project. 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: 14 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 (lrttn✓/www.twcc.suite.tx.us/trvcccontacts.htnt to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an emplgver's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the Duration of the Project; (ii) provide a Certificate of Coverage to the Contractor prior to that person beginning Work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a Certificate of Coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will 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 Project; -, (vi) retain all required certificates of coverage on file for the Duration of the Project and for one year thereafter, 15 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT (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)-(viu), with the Certificate of Coverage to be provided to the person for whom they are providing services. 33. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 34. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in Item #30 - Protection Against Accident to Employee and Public and General Indemnity, the Contractor agrees that it will indemnify and save the Owner and all of its officers, elected officials, agents, representatives and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery 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 Owners Representative in 16 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 Representative or Agent(s). If permission is granted, all applications shall be performed through a Licensed Applicator, licensed by the Texas Structural Pest Control Board. Before spray applications commence, the Contractor shall furnish the Owner's Representative or Agent(s) a list of proposed areas to be treated. 37. ADVERTISING Contractor shall not advertise or publish, without City's prior consent, the fact that the City has entered into this contract, except to the extent necessary to comply with proper request for information from an authorized representative or the Federal, State or Local Government. 38. 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. 39. 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 TtM IS OF THE ESSENCE OF THIS CONTRACT. 40. 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 shalt. 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 17 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT may direct the time and manner of scheduling Work done under this contract so that conflicts will be avoided and the mowing of the various Works being done for the Owner shall be harmonized. The Contractor shall submit mowing schedules as requested by the Owner's Representative or Agent(s) five (5) working days prior to the start of every month. A copy shall be mailed, faxed or e-mailed to the Owner's Representative, Agent(s), and any Park Maintenance department dependent upon the mowing schedules. Mowing properties shall be mowed in the order they are listed on the monthly schedule with dates at which the Contractor will start the Units of Work and estimated dates of completion of the Units of Work unless prior notice is given before the start of the working day (6:00 AM). 41. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of Item #39 — Time for Substantial Completion hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its Work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other Contractors employed by the Owner, or by changes ordered in the Work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Work on weekends and holidays and shall be at the discretion of the Contractor. Should the Contractor find it necessary to Work during this time, written notice of his intention to do so shall be given to the Owner's Representative and Agent(s) at least twenty- four (24) hours prior to doing so. The City reserves the right to deny such Work that interferes with heavy park usage or special events. All Work is schedule driven; therefore, the Contractor's Work force and equipment needs shall vary throughout the contract's time period. The normal Work schedule shall fall within the time frame of Monday through Friday 6:00 a.m. to 5:00 p.m. 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 18 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the Unit Price method, payment shall be for the actual amount of Work done and materials furnished on the project. 44. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in Item #30 — Protection Against Accidents to Employees and the Public and General Indemnity hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. The Contractor shall use every precaution necessary to prevent damage to trees, shrubs, above and below ground structures, utilities and any other form of property. Should damage occur, it is the Contractor's responsibility to report the damage to the Owner's Representative or Agent(s) as soon as possible but not exceeding twenty-four (24) hours from the time damage occurred. If damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at its own expense. Time required to repair damaged property shall be expedient and to the approval of the Owner's Representative or Agent(s). If the damage is not repaired in the agreed upon time period, the City may after forty-eight (48) hours notice from the Owner's Representative, proceed to repair the damage. The Contractor shall be held financially responsible for the repair Work and the cost shall be deducted from the Contractor's payment. 45. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all Work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the Specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid Work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached Specifications, plans, contract documents and requirements of Owner's Representative. 46. PAYMENTS 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 19 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT determined by the form included in this package as Index #10 and approved by the Owner's Representative or Agent(s). 47. PAYMENT WITHHELD In addition to express provisions elsewhere contained in the contract, the Owner or Owner's Representative may withhold from any payment otherwise due the Contractor such amount as determined necessary to protect the Owner's interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of 47.1 Unsatisfactory progress of the Work not caused by condition beyond the Contractor's control; 47.2 Defective Work not corrected; 47.3 Contractor's failures to carry out instructions or orders of the City or his (its) representatives; 47.4 A reasonable doubt that the contract can be completed for the balance then unpaid; 47.5 Execution of Work not in accordance with the contract documents; 47.6 Claim filed by or against the Contractor or reasonable evidence indicating probable filing of claims; 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. 48. CONTRACTOR DEFAULT OWNER'S RIGHT TO SUSPEND WORK AND ANNUAL CONTRACT The Work or any portion of the Work under contract shall be suspended immediately on written order of the Owner declaring the Contractor to be in default. The contract may be annulled by the Owner for any good cause or causes, among others of which special reference is made to the following: 48.1 Failure of the Contractor to start Work within ten (10) days from date specified in the written Work order issued by the City to begin the Work; 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; 20 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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; 48.8 Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of Work under contract; 48.9 Repeated violations of safe working procedures; When the Work is suspended for any of the causes itemized above, or for any other cause or causes, the Contractor shall discontinue the Work or such part thereof as the City designates. 49. FINAL INSPECTION Final Inspection of the site shall take place by the Owner's Representative or Agent(s) as soon as possible after the completion of the Unit(s). If the project (s) is completed in Cycles, the project (s) shall be inspected after each Unit(s) by the Agent(s). The Contractor shall be allowed to be present at the examination. If the inspection reveals any defective Work, the Owner's Representative or Agent(s) may require the Call Back Work to be remedied before final acceptance is granted. All said remedies shall be at the expense of the Contractor. 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. u.a 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 21 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 I 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 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. 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 22 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT In case the Contractor should (1) abandon and fail or refuse to resume Work within seven (7) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the Work and a copy of said notice shall be delivered to the Contractor. In the event the Contractor should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the Work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the Work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the Work, may let the contract for the completion of the Work under substantially the same 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 therewith. In the event the Owner's Representative elects to complete the Work, as described above, when the Work shall have been finally completed, the Contractor shall be so notified and certification of completion as provided in Item #46-Payments hereinabove set forth, shall be issued. A complete itemized statement of the contract 1 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 71 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. 23 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in Item #39-Time for Substantial Completion, hereinabove set forth. 53. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, Work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 54. MAINTAINING WORK SCHEDULES It will be the Contractor's responsibility to perform litter control when the mowing schedule is deviated due to problems not weather related or when Work is requested after regular business hours, holidays, or on weekends. 55. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 56 LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the Work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the Work, shall be sustained and borne by the Contractor at his own cost and expense. 57. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent Contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the Work covered hereby. The fact that the Owner, Owner's Representative or Agent(s) shall have the right to observe 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 24 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 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 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, 2009. 25 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT 62.2 After completion of the initial Contract term, these properties will go out to bid with all other parkland properties. 62.3 Prices will be bid for the initial term only. All prices bid the initial term may, at the option of the Owner, are adjusted for the second term up to one hundred percent (100%) of the cost of living adjustment as measured by the Consumer Price Index (CPI). CPI referred to herein is the Consumer Price Index for Urban Wage Earners and Clerical Workers as provided by the U.S Department of Labor Bureau of labor statistics (All Items) for the U.S. City Average. The period of increase measurement shall be from the twelve months most nearly matching the initial term of the contract (containing at least nine months of Period 1), and the resulting net increase shall be applied to prices bid herein for Period 2. Any cost adjustments to the contract that are negotiated in the last twelve months of Period 1, are not subject to adjustments for CPI in Period 2 as outlined above. Prices for Period 3 shall be calculated in the same manner as effective prices for Period 2, using Period 2 as the base period of measurement. 63. NOTICE TO PROCEED Notice to Proceed shall be mailed to the Contractor by certified letter. The Contractor shall have ten (10) working days from the day he receives the letter to actively proceed with the Work. 64. WEATHER Weather will affect the progress of ground maintenance at times and Contractor shall recognize this and have a plan of action and/or resources available to proceed in an expedient manner. Should weather conditions alter schedules, the Contractor shall notify the Owner's Representative, Agent(s) and other appropriate Park Maintenance departments such as Environmental Services, before 6:00 AM at the beginning of the next Work day. It is the Contractor's responsibility to provide quality workmanship. If weather conditions prevent such quality, the Contractor shall suspend Work and resume Work as soon as weather allows. If the Owner's Representative or Agent(s) finds that weather conditions are inappropriate for maintaining high quality Work, they may notify the Contractor and suspend Work. The suspension of Work by the Owner's Representative or Agent (s) shall not in any way allow the Contractor to find grounds for adjustments in Contract Time or provide for extra compensation. 65. SPECIFICATION CHANGE During the term of the Contract, the Owner may change Site Classifications, thereby increasing or decreasing mowing frequencies. Unit pricing will be used to determine cost adjustments. All changes shall be in writing. 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 effected by the City of Lubbock, could result in significantly reduced or eliminated irrigation schedules for the properties that are the subject of this agreement, which could, in turn, significantly reduce or eliminate the need for services contemplated under this agreement. In the event said Drought Contingency Plan is effected, Owner shall promptly notify Contractor of 26 INDEX 7 GENERAL CONDITIONS OF THE AGREEMENT said event, and Contractor hereby agrees thereafter to accept and abide by any revised maintenance schedules and compensation adjustments promulgated by the Owner. This agreement shall constitute the Contractor's consent, granted prospectively, for a change order to the original contract price as required by TEXAS LOCAL. GOVERNMENT CODE, Section 252.048(d). 66. CHANGED CONDITION If the Contractor finds latent conditions which differ from those outlined in the contract or Specifications which differ from customary Work, and which the Contractor could not have discovered during the investigation of the site prior to the bid, and in which such condition increased the expense to the Contractor, immediate written notice shall be promptly mailed to the Owner's Representative. The Contractor shall afford the Owner the opportunity to inspect the same. After inspection by the Owner, the Contractor shall not delay Work pending a decision to be made by the Owner regarding the claim. Failure of the Contractor to give prompt written notice and afford the Owner the opportunity to inspect the condition, before it is disturbed, shall be deemed a waiver by the Contractor of all claims and extra compensation arising out of the alleged condition. If the Owner determines that the Contractor is entitled to extra compensation by reason of increased expense to the Contractor and caused by the condition, and finds that the condition requires Work not covered in the contract, a change order may be executed for additional compensation which shall be agreed upon by all parties involved. Additional time may be granted if the Owner deems additional time is necessary to accomplish the job. No change order or combination of change orders shall exceed twenty-five percent (25%) of the total contract. 67. FORCE MAJEURE In the event either Owner or Contractor is rendered unable in whole or in part by force majeure to carry out any covenant, agreement, obligation or undertaking to be kept or performed by such party under this agreement, other than to make payment of amounts due for Work completed, such covenant, agreement, obligation or undertaking, insofar as the same is affected by such force majeure, will be suspended. The term "force majeure" as employed in this section includes acts of God, strikes, lockouts, or other industrial disturbances, acts of a public enemy, war, blockades, riots, epidemics, earthquakes, explosions, accidents, or repairs to machinery or pipes, the delays of carriers, or inability by reason of governmental regulation to obtain materials, acts of public authorities including but not limited to the effectuation of a Drought Contingency Plan by the City of Lubbock, or other causes, whether or not of the same kind as specifically enumerated, not within the control of the party claiming suspension and which by the exercise of due diligence or the payment of money such party is unable to overcome. 68. SEVERABILITY If for any reason any provision hereof shall be inoperative, the validity and effect of all other provisions shall not be affected thereby. 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 C 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 or Agent(s). 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 from back of curb street -ward and six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color beds. 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 every ten- (10) days evenly spaced between Cycles. Clippings shall not be bagged and all hardscapes shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be determined by site conditions and equipped with all turf tires and shall be approved by the Owner's Representative or Agent(s). Some specialty sites such as athletic fields, athletic facilities, and municipal facilities shall be mowed on specific times and days and of the week as determined by the Owner's Representative or Agent(s). 1.2.1 TENTATIVE MOWING FREQUENCIES: January 0 July 2 February 0 August 3 March 1 September 2 April 2 October 1 -j May 3 November 0 June 3 December 0 1.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch and all non curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed concurrently with mowing at each site. String trimmer or curb dresser may not be used for these tasks. Chemical edging is not permitted on Class C Parks. 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. 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming T must be performed around trees, plant beds, buildings, playground equipment, signs, 28 -- INDEX 8 SPECIFICATIONS fences, and any other plants or structures. All play surfaces, hard surfaces, sidewalks, streets, street medians, parking areas, parking lots, and playground sidewalks must be -, kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. 29 TURF MAINTENANCE GROUP 2 A&B Class C GROUP 2-A, CLASS C PARKS AND PROPERTIES: UNIT ADDRESS APPROX ANNUAL Ulm MAINT. EXTENDED ACREAGE MAE14T CYCLE COST CYCLES UNIT COST APPROXWAT6 MACKENZIE PARK 301 I-27 248.0 17 EA $ S22s• =' p $ d � 1.% ot BERL HUFFMAN N. LOOP 289 & ATHLETIC COMPLEX (EXCLUDING BALL LANDMARK DR. 104.0 17 EA $ Z 000, $ 000• FIELDS MAE SIMMONS (EXCLUDING BASEBALL E. 23RD &OAK 98.3 17 EA vo $ goa pu $ 0 �jOO' FIELD/INCLUDING SWIMMING POOL AZTLAN 1 ST & AVE. K 28.0 17 EA $ SO $ Zj 7- a MACKENZIE/AZTLAN BENEATH I-27 & O0 30� 00 Sloa• CORRIDOR CANYON LAKD RD. 3.5 17 EA $ $ CIVIC CENTER- of" /0 do, f" o0 MAHON LIBRARY 9TH & AVE P 15.0 17 EA $ $ 7,47o' AVE O MEDIAN AVE O, 6TH TO 1OTH .5 17 EA SOUTH PARKING LOT 9TH & AVE K .25 17 EA $ $ J GAZEBO 9TH & AVE K .25 17 EA $ GROUP 2-A CLASS C 497.80 1 S TOTALS ® / INDEX 9 TURF MAINTENANCE GROUPS GROUP 2-B, CLASS C PARKS AND PROPERTIES: UNIT ADDRESS APPROX ANNUAL U/M MAINT. EXTENDED ACREAGE MAINT CYCLE COST CYCLES UNIT COST APPROXIMATE CLAPP (EXCLUDING HODGES BASEBALL FIELD & SWIMMING 46TH & AVE U 102.95 17 EA r POOL /� .2SSZ,� LEFTWICH 60TH & ELGIN 46.23 17 EA $ Od . $ ELMORE 66TH & QUAKER 43.13 17 EA $ 3. $ M 70 O r ANDREWS 76TH & MEMPHIS 35.5 17 EA $ 3, $ 12, Yot JENNINGS 73RD & WAYNE 34.58 17 EA $ 2 $ / 209 DUPREE 58TH & TOLEDO 32.56 17 EA $ Sr $ 9 267//, MILLER MEMPHIS & S. LOOP 289 31.43 17 EA $ b 74 $ �(�, 0 6$,S'3 HIGGINBOTHAM 19TH & VICKSBURG 23.42 17 EA $ 3SI. $ MCCULLOUGH 88TH & FLINT 23.33 17 EA $ } ' 2 $ $ 73 Z 78 LONG 56TH & ABERDEEN 21.10 17 EA $ +, $ f 1� 6 9 's GUY 87TH & MEMPHIS 20.3 17 EA $ Q $ STEVENS 75TH & SLIDE 16.66 17 EA $ g8, $ A. sC/p; - HUNEKE 82ND & NASHVILLE 15.54 17 EA $ I y 6,11 $ 3, 2 !O MAHON 29TH & CHICAGO 15.10 17 EA $ 0�� $ KASTMAN JOLIET & LOOP 289 14.45 17 EA 6p $ �' �° $ 2 TENNIS CENTER 66TH & GARY 13.4 17 EA $ Q ry $ �2, /g GROUPTOTAL2-B CLASS C 489.68 $ 923. Y N INDEX 10 CITY OF LUBBOCK PROPOSED EQUIPMENT FOR CONTRACT TURF MAINTENANCE ()Ty USAGE 2 ,/�R�a lac-�•.�s MAKE AND MODEL 12 003 A GA3- Zao& /7 7 ?�►L Gw6ya��Gr ,F ��r Grc'wws-- 2�7 % �✓7�Aar G✓�Sl /� ire_ 3 INDEX I 1 CITY OF LUBBOCK PARKS DEPARTMENT PAYMENT REQUEST FOR CONTRACT TURF MAINTENANCE DATE: PURCHASE ORDER NUMBER: COMPANY NAME: COMPANY ADDRESS: Payment for completed Turf Maintenance Cycles for the following Groups. (List each separately): Group Mowine Cycle # Date Completed Cost S S S S S S S S TOTAL COST $ PERFORMANCE VERIFICATION BY PAYMENT AUTHORIZATION BY CONTRACTOR'S REPRESENTATIVE OWNER'S REPRESENTATIVE INDEX 12 WRITTEN HAZARDOUS COMMUNICATION PROGRAM WRITTEN HAZARD COMMUNICATION PROGRAM Exhibit A Administered by the City of Lubbock's Safety Department 2 INDEX 12 WRITTEN HAZARDOUS COMMUNICATION PROGRAM WRITTEN HAZARD COMMUNICATION PROGRAM TABLE OF CONTENTS POLICY STATEMENT REGARDING HAZARD COMMUNICATION HAZARD COMMUNICATION IMPLEMENTATION PLAN A. Workplace Chemical List B. Material Safety Data Sheets (MSDS) C. Container Labeling D. Employee Training E. Other Implementation Procedures TRAINING OUTLINE A. Hazard Communication B. Hazardous Chemical Identification C. Material Safety Data Sheets (MSDS) D. Container Labeling E. Personal Protective Equipment F. Responding to an Emergency Appendix A - Workplace Chemical List Appendix B - Letter Requesting MSDS Appendix C - Hazard Communication Training for Contractors/Seasonal/ Temporary Workers Appendix D - Contractor acknowledgment of Hazard Communication Appendix E Chemical Spill Plan INDEX 12 WRITTEN HAZARDOUS COMMUNICATION PROGRAM I. POLICY STATEMENT REGARDING HAZARD COMMUNICATION In the normal course of serving the citizens of Lubbock, employees of the City of Lubbock are routinely asked to use hazardous materials. Providing a safe work environment for Cily of Lubbock employees is an or anizational priorily. In order to ensure safe handling of hazardous materials, it is the policy of the City of Lubbock to communicate to our employees and contractors the hazards of those materials, and the precautions they must take to protect themselves, via our comprehensive Hazard Communication Program. The Hazard Communication Program will include information about: Workplace Chemical List Material Safety Data Sheet (MSDS) Container Labeling Employee Training Other Implementation Procedures Each department of the City of Lubbock will designate an employee as their Hazard Communications Coordinator. That employee may be someone already selected to be the department Safety Coordinator. The Hazard Communications/Safety Coordinator will ensure that the Hazard Communication Implementation Plan, found in Section II of this document, is implemented in their department. It is the responsibility of every City of Lubbock employee to follow all established safety policies and procedures, and to notify supervisory personnel of unsafe work conditions. Hazard Communication is the law! The success of the City of Lubbock's written Hazard Communication Program depends on the commitment of management and employees to understand, and implement the program in each department. INDEX 12 WRITTEN HAZARDOUS COMMUNICATION PROGRAM 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 _a exceeds the 55 gallon/500 pound threshold, and by December 31 st of each year. The workplace chemical list will be made readily accessible and available to all employees or a verified employee representative during the work shift in which it is requested. Each department will maintain all workplace chemical lists for at least 30 years. B. MATERIAL SAFETY DATA SHEETS (MSDS) Each department shall obtain, and maintain on file, a MSDS for every hazardous chemical in their work area. MSDS's will be readily available for review during each work shift by all employees or4 verified employee representative. Employees will be trained on how to access the MSDS's. All missing MSDS's will be requested in writing from the manufacturer or distributor. Any hazardous chemical not having a corresponding MSDS will be removed from service until the MSDS is received. (Note: Appendix B is a sample letter that you may use to request MSDS's from manufacturers and suppliers.) All MSDS's will be reviewed annually. For each MSDS in excess of 2 years old, the manufacturer will be contacted to determine if the information is the most current and up-to-date for that chemical. Any updated MSDS's received from the supplier will be inserted in the MSDS book and the old MSDS discarded. C. CONTAINER LABELING All hazardous materials must be labeled. The manufacturer's label must not be intentionally r i 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 1..s I INDEX 12 WRITTEN HAZARDOUS COMMUNICATION PROGRAM 3. Manufacturer's name and address. No employee shall be asked to work with a hazardous chemical from an unlabeled container except from a portable container intended for the immediate use of the employee who fills the container. The Hazard Communication Coordinator must inform employees who work around unlabeled pipes the following information regarding tentiall hazardous substances contained in e vivim. 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. 4 INDEX 12 WRITTEN HAZARDOUS COMMUNICATION PROGRAM 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 Hazard Communication refresher training. The training will include, at a minimum, the following: l . Information on interpreting labels. 2. Information on interpreting MSDS's. 3. The relationship between labels and MSDS's. 4. The location of hazardous chemicals in their work areas. 5. The acute and chronic health effects of hazardous chemicals in their work areas. 6. Safe handling of hazardous chemicals in their work areas. 7. Proper use of personal protective equipment (P.P.E.) 8. First aid treatment to be used with respect to the hazardous chemicals in their work area. 9. General safety instructions on handling, clean-up procedures, and disposal of hazardous chemicals. This training will be provided to each employee before they begin working in an area that contains hazardous chemicals. Additional training will be provided to employees when: 1. They are new or newly assigned to that work area. 2. The potential for exposure to hazardous chemicals changes. 3. When new chemicals are brought into the work area. E. OTHER INIPLEMENTATION PROCEDURES Reporting Fatalities and Injuries According to the City Safety and Loss Prevention Manual, upon sustaining an on-the-job injury, including those resulting from chemical exposure, the employee or supervisor must report the injury to the Safety department immediately. A Personal Injury Investigative Report must be completed and submitted to Safety within 24 hours of the accident or injury. The City of Lubbock Risk Manager will be responsible for reporting to the Texas Department of Health within 48 hours of occurrence, in accordance with the THCA, all employee accidents involving chemical exposure or asphyxiation that is fatal to one or more employees, or results in the hospitalization of 5 or more employees. That report shall include the circumstances of the accident, the number of fatalities, and the extent of any injuries. Employee Rights The Contractor is responsible for informing the employees of their department the rights afforded to them by the Texas Hazard Communication Act (THCA). All employees have a "right to know", according to law, about chemical hazards in the workplace. Those rights include: 1. Access to a workplace chemical list. 2. Access to a MSDS for all hazardous chemicals in the workplace. 1 INDEX 12 WRITTEN HAZARDOUS COMMUNICATION PROGRAM 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 7 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 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. INDEX 12 WRITTEN HAZARDOUS COMMUNICATION PROGRAM 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. Appendix A Workplace Chemical List (List of hazardous materials stored in excess of 55 gallons or 500 pounds) department Chemical Location 8. 9. l0. 11. Date of list: 7 Z.�7 Signature Note: This list must be maintained on file in the department for 30 years 7 INDEX 12 WRITTEN 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) 8 Appendix C INDEX 12 WRITTEN HAZARDOUS COMMUNICATION PROGRAM 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 taw, 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 property 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. 9 Appendix D INDEX 12 WRITTEN HAZARDOUS COMMUNICATION PROGRAM Contractor Acknowledement of Hazard Communication I have been informed of the presence of hazardous materials on the 3 2 / i ���, � 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. ContractoW signature Date 10 Appendix E INDEX 12 WRITTEN 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 # Y06-11.1510 • 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 # �56 JV/!'M • 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: /j First Aid Kit � �; � �o -^ Spill Containment Materials P400L Emergency Exit Map 11 Westlaw. Effective: June 18, 2005 Page 1 Vernon's Texas Statutes and Codes Annotated Currentness Local Government Code (Refs & Annos) Title 5. Matters Affecting Public Officers and Employees (Refs & Annos) Subtitle C. Matters Affecting Public Officers and Employees of More Than One Type of Local Government 1W Chapter 175. Right of Certain Municipal and County Employees to Purchase Continued Health Coverage at Retirement ( Refs & Annos) ♦ Chapter 176. Disclosure of Certain Relationships with Local Government Officers; Providing Public Access to Certain Information 176.001. Definitions In this chapter: (1) "Commission" means the Texas Ethics Commission. (2) "Family member" means a person related to another person within the first degree by consanguinity or affinity, as described by Subchapter B, Chapter 573, Government Code. (3) "Local governmental entity" means a county, municipality, school district, junior college district, or other political subdivision of this state or a local government corporation, board, commission, district, or authority to which a member is appointed by the commissioners court of a county, the mayor of a municipality, or the governing body of a municipality. The term does not include an association, corporation, or organization of governmental entities organized to provide to its members education, assistance, products, or services or to represent its members before the legislative, administrative, or judicial branches of the state or federal government. (4) "Local government officer" means: (A) a member of the governing body of a local governmental entity; or (B) a director, superintendent, administrator, president, or other person designated as the executive officer of the local governmental entity. (5) "Records administrator" means the director, county clerk, municipal secretary, superintendent, or other person responsible for maintaining the records of the local governmental entity. Effective: June 18, 2005 0 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 2 176.002. Applicability to Certain Vendors and Other Persons (a) This chapter applies to a person who: (1) contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity; or (2) is an agent of a person described by Subdivision (1) in the person's business with a local governmental entity. (b) A person is not subject to the disclosure requirements of this chapter if the person is: (1) a state, a political subdivision of a state, the federal government, or a foreign government; or (2) an employee of an entity described by Subdivision (1), acting in the employee's official capacity. Effective: June 18, 2005 176.003. Conflicts Disclosure Statement Required (a) A local government officer shall file a conflicts disclosure statement with respect to a person described by Section 176.002(a) if: (1) the person has contracted with the local governmental entity or the local governmental entity is considering doing business with the person; and (2) the person: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income; or (B) has given to the local government officer or a family member of the officer one or more gifts, other than gifts of food, lodging, transportation, or entertainment accepted as a guest, that have an aggregate value of more than $250 in the 12-month period preceding the date the officer becomes aware that: (i) a contract described by Subdivision (1) has been executed; or (ii) the local governmental entity is considering doing business with the person. (b) A local government officer shall file the conflicts disclosure statement with the records 0 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 3 administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of the statement under Subsection (a). (c) A local government officer commits an offense if the officer knowingly violates this section. An offense under this subsection is a Class C misdemeanor. (d) It is a defense to prosecution under Subsection (c) that the person filed the required conflicts disclosure statement not later than the seventh business day after the date the person received notice of the violation. Effective: June 18, 2005 176.004. Contents of Disclosure Statement The commission shall adopt the conflicts disclosure statement for local government officers. The conflicts disclosure statement must include: (1) a requirement that each local government officer disclose: (A) an employment or other business relationship described by Section 176.003(a), including the nature and extent of the relationship; and (B) gifts received by the local government officer and any family member of the officer from a person described by Section 176.002(a) during the 12-month period described by Section 176.003(a)(2)(B) if the aggregate value of the gifts from that person exceed $250; (2) an acknowledgment from the local government officer that: (A) the disclosure applies to each family member of the officer; and (B) the statement covers the 12-month period described by Section 176.003(a)(2)(B); and (3) the signature of the local government officer acknowledging that the statement is made under oath under penalty of perjury. Effective: June 18, 2005 § 176.005. Application to Certain Employees (a) The local governmental entity may extend the requirements of Sections 176.003 and 176.004 to all or a group of the employees of the local governmental entity. (b) A local governmental entity may reprimand, suspend, or terminate the employment of an 0 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 4 employee who fails to comply with a requirement adopted under this section. (c) An employee of a local governmental entity commits an offense if the employee knowingly violates requirements imposed under this section. An offense under this subsection is a Class C misdemeanor. (d) It is a defense to prosecution under Subsection (c) that the person filed the required conflicts disclosure statement not later than the seventh business day after the date the person received _1 notice of the violation. Effective: June 18, 2005 § 176.006. Disclosure Requirements for Vendors and Other Persons; Questionnaire (a) A person described by Section 176.002(a) shall file a completed conflict of interest questionnaire with the appropriate records administrator not later than the seventh business day after the date that the person: (1) begins contract discussions or negotiations with the local governmental entity; or (2) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the local governmental entity. - , (b) The commission shall adopt a conflict of interest questionnaire for use under this section that requires disclosure of a person's affiliations or business relationships that might cause a conflict of interest with a local governmental entity. (c) The questionnaire adopted under Subsection (b) must require, for the local governmental entity with respect to which the questionnaire is filed, that the person filing the questionnaire: (1) describe each affiliation or business relationship the person has with each local government officer of the local governmental entity; (2) identify each affiliation or business relationship described by Subdivision (1) with respect to which the local government officer receives, or is likely to receive, taxable income from the person filing the questionnaire; (3) identify each affiliation or business relationship described by Subdivision (1) with respect to which the person filing the questionnaire receives, or is likely to receive, taxable income that: (A) is received from, or at the direction of, a local government officer of the local governmental entity; and © 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 5 (B) is not received from the local governmental entity; (4) describe each affiliation or business relationship with a corporation or other business entity with respect to which a local government officer of the local governmental entity: (A) serves as an officer or director; or (B) holds an ownership interest of 10 percent or more; (5) describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to the expenditure of money; (6) describe each affiliation or business relationship with a person who: (A) is a local government officer; and (B) appoints or employs a local government officer of the local governmental entity that is the subject of the questionnaire; and (7) describe any other affiliation or business relationship that might cause a conflict of interest. (d) A person described by Subsection (a) shall file an updated completed questionnaire with the appropriate records administrator not later than: (1) September 1 of each year in which an activity described by Subsection (a) is pending; and (2) the seventh business day after the date of an event that would make a statement in the questionnaire incomplete or inaccurate. (e) A person is not required to file an updated completed questionnaire under Subsection (d)(1) in a year if the person has filed a questionnaire under Subsection (c) or (d)(2) on or after June 1, but before September 1, of that year. (f) A person commits an offense if the person violates this section. An offense under this subsection is a Class C misdemeanor. (g) It is a defense to prosecution under Subsection (f) that the person filed the required questionnaire not later than the seventh business day after the date the person received notice of the violation. Effective: June 18, 2005 176.007. List of Government Officers © 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 6 The records administrator for a local governmental entity shall maintain a list of local government officers of the entity and shall make that list available to the public and any person who may be required to file a questionnaire under Section 176.006. Effective: June 18, 2005 § 176.008. Electronic Filing The requirements of this chapter, including signature requirements, may be satisfied by electronic filing in a form approved by the commission. Effective: June 18, 2005 § 176.009. Posting on Internet (a) A local governmental entity shall provide access to the statements and questionnaires filed under this chapter on the Internet website maintained by the local governmental entity. (b) This subsection applies only to a county with a population of 800,000 or more or a municipality with a population of 500,000 or more. A county or municipality shall provide, on the Internet website maintained by the county or municipality, access to each report of political contributions and expenditures filed under Chapter 254, Election Code, by a member of the commissioners court of the county or the governing body of the municipality in relation to that office as soon as practicable after the officer files the report. Effective: June 18, 2005 § 176.010. Reguirements Cumulative The requirements of this chapter are in addition to any other disclosure required by law. Current through the end of the 2005 2nd Called Session of the 79th Legislature END OF DOCUMENT 0 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. LIST OF MUNICIPAL OFFICIALS FOR CONFLICT OF INTEREST DISCLOSURE (required by Local Government Code Section 176) NAME POSITION David A. Miller Mayor Linda DeLeon Council member, District 1 Floyd Price Council member, District 2 Gary Boren Council member, District 3 Phyllis Jones Council member, District 4 John Leonard Council member, District 5 Jim Gilbreath Council member, District 6 Lee Ann Dumbauld City Manager 1 :.i Conflict of Interest Disclosure A form disclosing potential conflicts of interest involving counties, cities, and other local government entities may be required to be filed after January 1, 2006, by vendors or potential vendors to local government entities. The new requirements are set forth in a new Chapter 176 of the Texas Local Government Code added by H.S. No. 914 of the last Texas Legislature. Companies and individuals who contract, or seek to contract, with the City of Lubbock and its agents (including employees involved in the business with the entity) may be required to file with the City Secretary's Office at 1625 1P Street, Room 206, Lubbock, Texas 79401 a Conflict of Interest Questionnaire that describes affiliations or business relationships with City of Lubbock officers, or certain family members or other businesses of the City of Lubbock officer, with which such persons do business, or any gifts in an amount of $250 or more to any City of Lubbock officer or certain family members. The new requirements are in addition to any other disclosures required by law. The dates for filing disclosure statements begin on January 1, 2006. A violation of the filing requirements is a Class C misdemeanor. The Conflict of Interest Questionnaire (Form CIQ) may be downloaded from http://www.ethics.state.tx.us/whatsnew/conflict forms.htm. ITB #07-017-MA, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13Tu STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: NEW CLOSE DATE:: ADDENDUM # 1 07-017-MA Turf Maintenance — Group 2 A&B Gass C February 20, 2007 February 22, 2007 @ 4:00 p.m. February 28, 2007 @ 4:00 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. Bidders attention is invited to review the following changes: (1) Bid Due Date has CHANGED from February 22, 2007 @4:00 PM to February 28, 2007@ 4:00 PM. (2) The performance bond requirement has been revised as follows: The successful bidder will be required to furnish a performance bond in the amount of 25% of the total contract price in the event that said contract price exceeds 100,000 and the successful bidder will be required to furnish a payment bond in the amount of 25% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. THANK YOU, %940 4&4W CITY OF LUBBOCK Marta Alvarez Purchasing Manager It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock 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 C 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#07-017-MAAd1 1 i L.� ITB #07-017-MA, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13Ta STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM #2 07-017-MA Turf Maintenance — Group 2 A&B Class C DATE ISSUED: February 20, 2007 CLOSE DATE: February 28, 2007 @ 4:00 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. Bidders attention is invited to review the following changes: (1) Item 40 TIME AND ORDER OF COMPLETION - the last sentence has been added: 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. "AU required unit work, which includes required mowing, edging, trim mowing, string trimming and sweeping, shall be 100% completed before commencing to another mowing shV (2) Requirements for a payment bond have been deleted. THANK YOU, %W4 46 kwy CITY OF LUBBOCK Marta Alvarez Purchasing Manager It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any languaae, 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#07-017-MAAdl 1 r BID BOND KNOW ALL MEN BY THESE PRESENTS, that we WEST TEXAS MAINTENANCE as principal, hereinafter called =� the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto CITY OF LUBBOCK as obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID— Percent (5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for TURF MAINTENANCE. BID NO.07-017-MA. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 28t' day of FEBRUARY, 2007. WEST TEXAS MAINTENANCE (Principal) BY: TITLE: 06s,.+9&- SureTec Ins r r%e Com BY: OWARD CO A , Attorney -in -Fact SureTec Bid Bond Rev 1.1.06 --I SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 ppA n. 4221000 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hams County, Texas, does by these presents make, constitute and appoint Howard Cowan, Marla Hill of Lubbock, Texas its true and lawful Attorneys) -in -fact, with full power and authority hereby conferred in its naive, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until December 31 2007 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. \ayORAc� RETEC INSU CE COMPANY u,U X q :o� By. w w aBill King, re ant State of Texas ss: County of Harris On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. (Woh6ae Denny ttlokffy Uft Shale 1W of TeX= Texct MY cot mWal E0911 Michelle Denny, Notary Pub is August 27, 2008 My commission expires August 27, 2008 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 28TH day of FEBRUARY 20 07 A.D. M. Brent Beaty, Assistant Se re ry Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.