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HomeMy WebLinkAboutResolution - 2018-R0146 - Gorman Outdoor - 04_26_2018Resolution No. 2018-RO146 Item No. 6.20 April 26, 2018 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 13922 and related documents for Parks Turf Maintenance as per ITB 18-13922-SG, by and between the City of Lubbock and Gorman Outdoor, Inc., of Shallowater, Texas. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 26, 2018 DANIEL M. POPE, MAYOR ATTEST: APPROVED AS TO CONTENT: Scott Sm r, A sistant City Manager APPROVED AS TO FORM: Jus ejru tt, Assistant City Attorney ccdocs/RES.Contract 13922.Parks Turf Maintenance 03.29.2018 Resolution No. 2018-RO146 City of Lubbock, TX Contract 13922 Contract for Services Parks Turf Maintenance THIS CONTRACT made and entered into this 12th day of April, 2018, by and between the City of Lubbock ("City"), and Gorman Outdoor Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for parks turf maintenance groups 5, 6, 9, and 10 and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said parks turf maintenance. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, parks turf maintenance and more specifically referred to as Groups 5, 6, 9, and 10 on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The contract shall be for a term of 1 year, with the option of four (4), one (1) year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The contract must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. 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. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: 7. INSURANCE COVERAGE REQUIRED SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto ❑ All Owned Autos ❑ Hired Autos ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER I❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY COMBINED SINGLE LIMIT General Aggregate 500.000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Each Occurrence 500,000 Each Occurrence Aggregate Auto Only - Each Accident _ Other than Auto Only: Each Accident Aggregate _ ❑ I00% of the Total Contract Price ❑ 100% of the Total Material Costs 500.000 MOTHER: COPIES OF ENDOSEMENTS ARE REQUIRED 11 ® City of Lubbock named as additional insured on Auto/General Liability on a pritnary and non-contributory bases. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, except IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the proiect name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 131h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 9. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 10. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 11. All funds for payment by the city under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the city of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 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. 12. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract insurance requirements 13. The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. 14. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 15. This Contract consists of the following documents set forth herein; Invitation to Bid 18-13922-SG, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. C IT GF LA X Daniel M. Pope, Mayor EST: Reb t Garza, City Secret ry APPROVED AS TO CONTENT: Scott S 'der, AssisYant City Manager APPROVED AS TO FORM: Justi ru'tt, Assistant City Attorney XGUM"j- ilIC�77 BY < 42 `•: ^ Aut ize` zi epresentati e Print Name Address City, State, Zip Code Gorman Outdoor, INDEX 9 BID FORM Parks Turf MWntenance City of Lubbock, TX ffB 18-13922-SG In compliance with the Invitation to SW 18-139224G, the under9gmed Bidder having examined the Invitation to Bid and Speeificatiarts, and being familiar with the conditions to be met, hereby submits the following Bid for fumiahk g the maieriai, etluipu=4 labor and everything necessary for providing the items listed below and agrees to deliver said hens at the locutions and for the prices set forth an this form. A bid will be subject to being considered irregular and may be rejected if it shown otniWons, alterations of form, conditional ahernate bids, additions or altenwes in lieu of the items specified, if the unit prices ue obvk wly unbalanced (eldw in excess of or below reasonably expected valuer, or breguladffes of any kind. The Invitation to Bid 19-13922-SO is by reference iworponfed is this eoottacn. The Bid Form must be completed in blue or black Ink or by typewriter. GROUP SCLASS C PARKS AND PROPERTIES APPROX ANNUAL MAINTENANCE/ MAWENANCE WaENDED rrEM UNIT ADDRESS MOWABt.E INTEUAi MAINTENANCE UM CYCLEUNIT COST ACREAGE CYCLES COST ACV.ENVV 1 IS ACKEt4UE L�l t. RR[COR m [-z� 109.45— --.� EA /%� t- 16 5 2 .AVE 0 STRIP N.AVEO 0.16 t? EA / LUADAUPE 163.CE iST&AVEJ 0?S '---?-- EA / 16 UADALUPE f 4. ARIC b&AVEP 3.2 17 EA ` Lvs 16 RNM S. ENPfH 11,2 _-LZ-- EA 16�c� ADALUPE AVE P A 6. P ND 3.s -a— EA 16 ATES & 7, AW RIM V8 K 3.4 -17-- EA 16 1 E. PALLOTINE HAVEL&Ikl 13 —t�-- EA GROUPS CLASS C APPROX ACREAGE 133.19 GROUP S CLASS CTOTAL COST(hems 14) j 62 i 66,880 560 560 1,920 8,000 2,240 2,240 1,040 $ 83,440 INDEX 9 BID FORM GROUP 6-CLASS D PARKS AND PROPERTIES APPROX APPROX. MADiTENANCE ANNUAL MAINTENANCE EXTENDED Cf6]1d UNIT ADDRESS /MOWABLE MAINTENANCE UM CYCLE UNIT COST i ACREAGE CYCLES SST 9. CANYONLAKES CANYONLAKERD 8 JA--J (EXCEPT BUDDY HOOLY N LOOP 299 134.28 _'3— EA 8 CESAR CHAVEZ R7ERSIQNETO 10. ANYON LAKE 3 4AVEP 5028 —4— EA ANYON LAKE DEVELOPED 8 ARKWAY DR TO LkST PARKWAY DR TO 11. ROADWAY $ROADWAY 4d?T 9 — EA ANYON LikKE 8 UNDEVELOPED F WINDMILEST BROADWAY& 12 ENiER1 CANYON LAKE RD 18.73 S EA :ANYON LAKE DEVELOPED $ K5 13. NAVE TO i-2 AVE TO t-27 3236 —4—! EA 8 ALK Q 14.CANYGNLAKE6 ANYON LAKE RD 127.13 —9 EA I'ANYON LAKE BROADWAYTO VELOPED MDEANDREWS IE 19TH, WEST OF��% IS. RUILDIM LAKE 8.9 EA ON LAKE DEVELOPED �rl l9TH TO E 34TH,8 ARM PACT OF LAKE 8.3 EA16 63 32,224 12,064 10,624 7,760 30,512 2,160 1,992 INDEX 9 BID FORM GROUP 6-CLASS D PARKS AND PROPERTIES CON'. APPROX APPROX. MAINTENANCE ANNNUALNUAL MAINTENANCE EXTENDED ITEM UNIT ADDRESS KNOWABLE MAINTENANCE LINT CYCLE UNIT COST ACREAGE CYCLES COST ROADWAY & E ANYON LAKE RD CE, ON 8 SOUTH ORTH & EAST ACKENZIE ;IDE OF CANYON 0. SLUJDOEPIT) RD iQ59 EA 8 _ IE. ASHAVESTRIP 23RD & ASH 1.6 EA I✓ / RADIO CONTROL 8 AIRPORT 19. UNDEVELOPED I M &,INLER 6.99 -- -- EA '' 20. AVE L MEDIAN 34TH TO 39TH 11 -- 9 EA ✓ 8 LOVIS UNIVERSITY& �•�J' -! ��_ 21. TRIANGLE CLOVIS 0.13 --:--- EA v' 8 21 BUTLER ANNEX 4TH & AENITH 3A EA 8 r- 23. CYPRESS CYPRESS 0.2 --g--- EA 34. aTH &ASH 7M d: ASH 1.8 ^--- EA 20TH TO 8 25. OIiTHEAST DR ORONADO ST 3.6 �a - -- EA MACKENZIE do 8 RAIRIE DOG WEADOWBROOK r 26. OWN GOLF 9.1 — 4 - EA ' 8 �- 27, FUSLOLE ANNEX 56TH. b TEMPLE 3? --4-- EA /•-�-j 64 2,544 384 .:1 240 M. . 240 ml = 2,328 Im INDEX 9 BID FORAI GROUP 6-CLASS D PARKS AND PROPERTIES CONT. APPROx AMAINTENNUAL ANNUAL MAINITNANCE EXTENDED REM UNIT ADDRESS /MOW RLE IMOWABLE MAR�1'ENANCE UM CYCLE UNIT COST ACREAGE CYCLES COST ,cam 38. OOD ANNEX 4TH &AVE i 2 _ _ 9_-- EA le ,EST ✓ 29. E NURSERY , I ALLEY 14 24 -=9-- - EA / ✓c r` / 1 iST& 8 me 30. VEST WIND FRANKFORD, 5.9 EA G� aLGATE & 8 31. HORIZON WEST FRANKFORD 5.23 _{I EA DEVELOPED A, ICIPAL DR & UNICIPAL OR & g /1 � �� 32. U41 3 �— EA LISTER, LCLUDING ILWAUKEE & 833. ARSHA SHARP L FIELDS WAY 261.41 —T—=- EA RJOIOSA 8 UNDEVELOPED ;f �� 34. AREA 7336 22ND 5.25 ---'}--- EA ✓ '' �= �-' -' UNICHPAL DR 61UNICIPAL DR & ! 8 35. • ASH CORNER kSH -44, —"4-- EA LOVIS RD LOVIS , ON AVE 8 36. ANGLES b S 0.14 ---9-'- EA / (` &L PARKING UNICIPAL DR & CKEN7.3E BALL 8 37. OT IELDS 0.8 -4; EA ,i! / ✓ 8 OLGATE & - 1 --' �� 38. GAN ANNEX LIVE 6. t --a EA ISCENTER 8 if"' 39. EX & ELGIN 5.56 EA fl OUTH SPORTS 8 DEVELOPED 40. 62N IZM 97.12 1----! EA 1� EW ANIMAL 41. EVEIAPED 3323 SE LOOP 299 9.8 B EA 65 320 3,440 1,440 1,256 800 62,800 1,472 760 240 400 1,480 1,440 24,000 2,400 INDEX 9 BID FORM CROUP 6-CLASS D PARKS &ND PROPERTIES CONT. APPROX APPROX. %1A NTENANCE ANNUAL MAINTENANCE EXTENDED ITEM UNIT ADDRESS 0•101VABLE MAINTENANCE Uhl CYCLE UNIT COST ACREAGE CYCLES COST i0602 QUAKER %VE, FROM 8 QUAKER TO 42. SUNCRJ;Si VICKSBURG 5.39 EA S LDIANS 91HSZ .19TH(ZENITH 43. TO 1321 E IriTH i >x EA t34THSTGMLK E34TH4.MLK 47. LVD MEDIANS BLVD 1.78 EA 9 GROUP 6 CLASS D APPROX ACREAt 939.9 GROUT' 6 CLASS D TOTAL COST (I:cm.c 9 :- ), GROUP 7-CLASS B BRO lDWAY S* REETSCAPES APPROX APPROX 41A1tiT', CER.f ANNUAL MAINTENANCE EXTENDED ITEM UN:T ADDRESS OWABLE MAINTENANCE UM CYCLE UNIT COST ACREAGE CYCLES COST IVERSITY- ROADWAY BROADWAYTO !STREETSCAPE iILK d_ 45. NON -BAGGED SROADI4',AY 2.7 h`.ILES 25 EA GROUP 7 CLASS D APPROX ACREAGE =.7 MILES L_- _ GROUP 7 CLASS B TOTAL COST (Itcru GROUP 7-CLASS C S. N. LOOP TURNAROUNDS APPROX APPROX. MAINTENANC'EI ANNUAL MAINTENANCE EXTENUFL) ITEM UNIT ADDRESS MOWASLE MAINTENANCE UM CYCLE UNIT COST ACREAGE CYCLES COST IVERSITY- OL EAST LOOP 289 & 46. UADRADiT UNIVERSITY 182 17 EA IVERSIIY- OUTHWEST 5 LOOP 2S9 a 47. UADRANT UNIVERSITY 123 17 EA 'N I V ERSITY. ORTHWEST S LOOP 289 b 48. UADRANT ,UNIVERSITY 1 pG 17 CA _ 66 1,600 e 1,200 219,744 INDEX 9 BID FORM GROUP 7-CLASS E RIGHT OF WAY PROPERTY CONT. APPROX APPROX. �? MAINTENANCE/M ANNUAL MAINTENANCE EXTENDED +c ITEM UNIT ADDRESS OWABLE MAINTENANCE Um CYCLE UNIT COST ACREAGE CYCLES COST rVERSi IY 100. QHT OF WAY 19N TO 20Ti1 0.09 MI 8 EA VERSITY Lc 1, 101.HT OF WAY 3M TO 44TH 038 MI 8 EA IVFASrTY 103. UGHTOFWAY.46THTOSM 0.25 MI 8 EA VERSTTY 103. UGHT OF WAY SDTH TO S LOOP 1.34 MI 8 EA LIDE ILD 104. HT OF WAY 60TH TO S LOOP 031 MI B EA LRSKINEAVE RANDFORD TO 105. MILWAUKEE 1.0 MI 8 EA GROUP 7 CLASS E APPROX ACREAGE 19.68 MILES GROUP 7 CLASS E TOTAL COST (Nuns 62-105) GROUP 9'-CLASS C PARKS AND PROPERTIES APPROX APPROX. MAINTENANCFJ ANNUAL MAINTENANCE EXTENDED ITEM Ulm i ADDRESS MOWABLE MAINTENANCE UM CYCLEUNIT COST ACREAGE CYCLES COST 106 CH ELGIN 24.04 16 it-- EA S 3;ZG EMPHIS & S ILLER LOOP 239 2534 1 C T7-- EA OAE Zm & QUAKER 30.16 1617 EA tos % G'G rDREWS 76TH & MEMPHIS 17.39 16 lz-- EA CCULLOUGH IM&FLINT ?0.17 16 17— EA 110. T&S r0'0P289 14.59 16117 EA FAN 2ND & HmLE 11.27 1 C !-- EA GROUP 9 CLASS C APPROX ACREAGE 143.96 GROUP 9 CLASS C TOTAL COST (lima 106.112) 71 15,360 16,800 19,200 12,800 9,360 7,200 91,840 INDEX 9 D D FORA! CROUP 10-CLASS C PARKS AND PROPERTIES APPROX APPROX. MAINTENANCE/ ANNUAL MAINTENANCE EXTENDED C05 ITEM UNIT ADDRESS MOWABLE MAINTENANCE Uhl CYCLE UNTI' ACREAGE CYCLES COST 113. ENIr'INGS 13RD&WAYNEE 1S.07 16 ii — EA � �yl 114 tAHON 2M L CHICAGO 14.16 16 u- EA 115. DUPREE 58TH L TOLEDO 25.58 16-0` EA 17TH L 116 IG{NBOTHAM VICKSBURG 17.3 16 T1 - EA 117. LONG 567N A ABERDEEtq ti.57 16.1— EA i l8. GUY7TH tt: MUMPHIS 14_42 164.2 EA 119. MVFNS 57H t. SLIDE 14.08 16h— _ _ EA � � S� OUP 16 CLASS C APPROX ACREAGE t�T,ia �i GROUP to CLASS C TOTAL COST (hrms 113.119) j— �eF, 19,200 8,960 16,000 10,880 8,000 9,200 8,960 81,200 The City of Lubbock 3s setUn; a contract for mooring services for various parkland properties at various parkland properties with one ar more contractors. In order to assure adequate covtrag,e, the City may make 519 %22 4%6,224 multiple awards, selecting multiple vendors to provide the products desired, if multiple auvards are In the best interest or the City. A decision to snake a multiple award of this Bid, however, Is an option reserved by the City, based an the needs or the City. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of ~ %' net`' calendar days. Discounts will not be considered in datertaWng low bid. Unl= odwroiae indicated on the Bid Form, payment tam will be NET THIRTY DAYS. The City will pay the successrul bidder within thirty days after the receipt of a correct invoice or after the date ofacoeptance, whichever event acem later. Discounts fatprompi payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by The City of a cornet invoice or aria the date of accegtawc that meets contract mquircments, whichever event occurs later. Discoenu for payment in less Than ten days will not be cosidered. MOST FAVOU'RW PPJCING: The Biddercertifies that the peice quoted is not in exr ss of the lowest price charged anyone else, irtehtdinp its most favoured ctiummer, for 13a quality and qutandry of the produculservica; does that include an element of profit on the suck in excess of Hurst normally obtained by the Bidder out the sale of product0savien oThlm quality and qu:arttity; and does act include any provision for discounts to selling agents. If at any time during the contract period, the st,"Uer should sell or afro for sale to any other customer, an equal or less quantity of similar contract products of hire or better quality, at a lower net price(s) dun provided herein, supplier agrees to notify the City and sell same produ cls) at the lower price(s) on all deliveries trade during the period in which such lower price(,) is e!%xtive. INTERLOCAL PURCHASING (optional): The City desires to nuke available to other local governments[ entities of the Slate of Tam, by mutual agreement with the successful bidder, and properly authorised iatalacal purchasing al;rtmm tes as provided Car by the Interiocal Cooperation Act (Cbapur 791, Government Code), the right To purchase the smme services, st the Trices quuoud, for the period or this conbwl. Each bidder shall fadiemte an the Bid Form in 72 t J L111 INDEX 9 BID FORM the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Welfforth. YES NO • if you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materiaWservice as needed. THIS BID IS SUBMITTED BYC:(�""%��r<<t c<�< �i a corporation organized under the laws of the State of or a partnership consisting of or individual trading as of the City of Firm: �E' ��/Ld ��<� l,r_'7` 6--EK-e— �121 Address: �A/ i%`1�j ZZ7 City: �j `L �L� <L'!�C eft?,✓ State: zip Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date M/WBE Firm: I Woman I I Black American I I Native American Hispanic American I I Asian Pacific Americi I Other (Saecifv) ntnst sign by hand Officer Name and Please Print Business Telephones/ Number U,� '��S % FAX: E-mail Address: FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finn/Individual: Date of Award by City Council (for bids over $50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 73 INDEX 8 Specifications City of Lubbock, TX ITB 18-13922-SG Parks Turf Maintenance Specifications 1. DEFINITIONS 1.1 Agent - An employee of the Division of Community Services, City of Lubbock, who is appointed by the City to monitor the Work and actions of the Contractor. 1.2 Call Back — Contact with the Contractor by Agent notifying Contractor of Unfinished Work. 1.3 Certificate of Coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the Duration of the Project 1.4 City - The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas. 1.5 Classification (Class) - The organization of sites according to service frequencies. 1.6 Contract Time - The number of allowable days to complete the contract 1.7 Cycle - The complete service of all sites in a Class at one time. 1.8 Designated Superintendent - The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. 1.9 Drought Contingency Plan —Any enactment by the City of Lubbock requiring that the irrigation of any property owned or subject to control by the City of Lubbock that is also subject to the work contemplated under this Contract be reduced or otherwise restricted. 1.10 Duration of the Project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. 1.11 Extra Work - work over and above that is called for in the contract. 1.12 Mayor - The duly appointed official of the City of Lubbock, Texas, who is empowered by the City Charter to enter into a contract in behalf of the City. 1.13 Notice to Proceed - Written notice to the Contractor issued and signed by the authorized Agent stating the date on which the Contractor should proceed with Work as stated in the contract. 1.14 Payment Bond and Performance Bond — Payment, Performance and Maintenance Bond is the approved form of security furnished by the Contractor and his Surety. 1.15 Review Committee - A committee chosen by the City staff, to analyze and recommend to City Council the best Contractor(s) to perform the tasks governed by the contract. 1.16 Specifications - The directions, provisions, and requirements pertaining to the method and manner of performing the Work or to the quality of the materials and equipment to be furnished under the contract. 1.17 Surety — The corporations, 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. 1.21 Vendor Performance Form- The vendor performance from provides the Purchasing and Contract department with a comprehensive tool for evaluating vendor performance to reduce risk in the contract award process. The VP tracks exceptional, satisfactory and unsatisfactory vendor performance. 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. CONTRACTOR The individual, firm, partnership, joint venture, or corporation contracting with the City to perform Work. O\VNFR'S RFPRESENTATIVF Whenever the xvord Owncr'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 INDEX 8 SPECIFICTIONS maintenance; or to such other representatives, supervisors, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Agent(s), supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. All questions, notices, or documentation arising under this agreement shall be addressed to the Owner's Representative. CONTRACT DOCUMENTS The contract's documents shall consist of Notice to bidders; General Instructions to Bidders; Bid Submittal; Certificate of Insurance; Contract; General Conditions of the Agreement; Specifications; Turf Maintenance Groups; Proposed Equipment for Contract Turf Maintenance; Payment Request for Turf Maintenance; Written Hazardous Communication Program., and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". These form the agreement whereby the Contractor shall furnish all labor, equipment, tools, materials, and perform all Work necessary to satisfactorily accomplish the proposed plan. 6. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 7. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of Work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of Work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Owner's Representative or Agent(s). The Owner's permission to sublet any contract shall not be construed as making the Owner a party of such subcontract. No subcontractor shall release the Contractor of its surety or its liability and obligation to fulfill all transactions made under the contract. 8. WRITTENNOTICE 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 for each mowing Group one through Group ten shall be two 60 inch zero turn finishing trim mowers and one 12 foot pull -behind rotary flex finishing type mower or commercial rotary shredding mower. The equipment shall conform to the type(s) of approved for each maintenance class. Rotary mowers shall be full flotation 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 INDEX 8 SPECIFICTIONS While the Contractor is authorized to perform Work on the Owner's property, Contractor does not have exclusive use of the property, and must respect the activities of park patrons present during the Work on the Owner's property. The Contractor shall take all precautions necessary to ensure that adjacent property owners are not disturbed by any Work performed by the Contractor. Should a Contractor's worker be contacted by a citizen visiting the property the worker is maintaining, assistance shall be given to the citizen to the extent the assistance is related to the Work being performed. The Owner shall provide a list of the Owner's representatives and phone numbers for various City functions. The Contractor shall provide employees with this information and ensure that this information is available at each job site. Employees of the Contractor shall at all times be dressed in attire that clearly identifies that employee's name and the employee's affiliation with the Contractor. Employees of the Contractor should refer any citizen inquiries to the Owner representative(s). 11. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the Work contemplated by the contract documents has been 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 twenty four (24) hours to remove the equipment, materials, or waste in question. If the equipment, materials, or waste in question is not removed in the twenty four (24) hour period, the Owner shall remove said equipment, material, or waste, and the Contractor shall be charged for the expense. Payment to the City for said expenses shall be deducted from the Contractor's payment. If such conditions continue, the contract may be terminated due to breach of contract. 13. MOWING SCHEDULES Except as specifically provided herein, the Contractor shall be responsible for scheduling all Work and shall accomplish this Work in a manner acceptable to the Owner's Representative or Agent(s). The Owner's Representative or Agent(s) will check the Contractor's schedule(s) of all mowing Work done by the Contractor but this check does not relieve the Contractor of the responsibility of correctly scheduling all Work in accordance with the Specifications. The Contractor shall notify Owner no later than 2:00 pm on the day before any revised mowing schedules. 14. LITTER The Owner will be responsible for litter control for Group IA I 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. The Contractor understands and acknowledges that litter or debris may accumulate prior to mowing with no fault to either party. The Contractor shall not mow over trash or debris. The Contractor shall instruct mower operators to inspect sites carefully for and to avoid creating, dangerous or unsightly conditions and dispose of debris in park dumpsters. 15. RIGHT OF ENTRY The Owner's Representative or Agent(s) shall make periodic visits to the site to observe the progress or quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the contract documents. The Owner's Representative or Agent(s) shall make onsite inspections to check the quality or quantity of the Work. The Owner's Representative or Agent(s) will not be responsible for the working means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents. 16. IDENTIFICATION AND CHARACTER Contractor's vehicles shall be marked with the Contractor's company name, on both sides and in lettering that is a minimum of two inches tall and of an easily read typeface. In lieu of lettering, Contractors may submit easily recognizable Company Logos for approval by the Parks Department. All employees of the Contractor shall have a name badge and company logo for identification; either clip -on or incorporated with a uniform. This 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 unilin-ms. Unilorms may not be torn or ragged and shall present a prolcssional appearance. INDEX 8 SPECIFICTIONS 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 REPRESENTATIVE'S AND AGENT(S) AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative or Agent(s) has the authority to review all Work included herein. The Owner's Representative or Agent(s) has the authority to stop the Work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative or Agent(s) shall, determine the amounts and quantities of the mowing Units which are to be paid for under the contract documents, and shall determine all questions in relation to said Work and the completion of Work thereof, and shall, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within ten (10) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 18. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint Agent(s) as the said Owner's Representative may deem proper to inspect the Work done under this Agreement, and to see that said Work is done in accordance with the Specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the Agent(s) for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any Agent(s) so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and Specifications provided, however, should the Contractor object to any orders by any Agent(s), the Contractor may within ten (10) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 19. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the Work, during its progress, a competent Designated Superintendent/Foreman and any necessary assistants, all satisfactory to Owner's Representative or Agent(s). The Designated Sup erintendent/Foreman shall represent the Contractor in its absence and all directions given to the Designated Superintendent/Foreman shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the Work and lack of such supervision shall be grounds for suspending operations of the Contractor. The Work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. Neither the Owner, nor its Representatives or Agent(s) shall be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's Agents or employees, or any other persons performing any of the Work. 20. CONTRACTOR'SUNDERSTANDING 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 #26- 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. INDEX 8 SPECIFICTIONS 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 % (one-half) of alley, each maintained on schedule with the remainder of the site. When the area is bound by anything other than a street or alley, the physical property line will serve as the project boundary. Right-of-way sites; curbed areas with adjacent sidewalks shall be maintained through the sidewalk street -ward to back of curb and ending six (6) inches beyond the lip of gutter. In areas where the linear sidewalk or right-of-way landmarks are interrupted or divided up, the maintenance areas shall remain consistent and uniform from these boundaries street -ward to the curb. Median and traffic islands shall be maintained in their entirety including maintenance street- ward to either side from a point six (6) inches beyond the lip of gutter or to the edge of roadway on non -curbed medians or traffic islands. Non -curbed streets shall be maintained from the roadway to the centerline of the drainage channel. Maintenance at intersections shall include a visibility triangle ten feet wide by thirty feet from either side of the mid -point of the curb's radius. Aerial maps of the parks and parks properties are available for viewing highlighting the boundaries. Copies can be obtained by request at the pre -bid meeting or by contacting the Parks Department at 775-2687. Contractor should allow a +/- 10% variance in determining overall size. Contractors are encouraged to view these maps as well as conduct a personal site visit. "DISCLAIMER" - CITY OF LUBBOCK: These maps were created using data obtained from various sources, and created exclusively for the internal use of the City of Lubbock. Portions of the information may be incorrect or not current. Any person or entity who relies on any information obtained from these maps does so at their own risk. Neither the City of Lubbock, TX, nor any agency, officer, nor 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 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 INDEX 8 SPECIFICTIONS 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