HomeMy WebLinkAboutResolution - 2023-R0184 - Contract 17243 with MDM Mowing 4.11.23Resolution No. 2023-RO184
Item No. 6.24
April 11, 2023
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. 17243 for parks turf maintenance as per
ITB 23-17132-YB, by and between the City of Lubbock and MDM Mowing, and related
documents. Said Contract is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
D., -A 1— +1— 04— 0,.,.., l -- April 11, 2023
APPROVED AS TO CONTENT:
��lY1K W
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
achael Foster, ssi tant City Attorney
ccdocs R)S.ServiceContract 17243- MUM Mowing
3.22.23
Resolution No. 2023-RO184
Contract 17243
City of Lubbock
Contract for
ITB 23-17132-YB
Parks Turf Maintenance
THIS CONTRACT made and entered into this I 1 day of April , 2023, by and between the
City of Lubbock ("City"), and MDM Mowing , ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Parks Turf Maintenance
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:
1. 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 Item 5 Group 7 Class C S.W. Loop Turnarounds - 1
through 16 and Item 6 Group 7 Class E Right of Way Property —1 through 44 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.
3. The contract shall be for a term of one (1) year, said date of term beginning upon formal approval.
4. 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.
5. The Contractor 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 as required by contract or
contract may be terminated for non-compliance.
6. A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI)
or Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor,
etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide
such documentation to the City, and at the City's sole discretion, the contractual rate may be
such documentation to the City, and at the City's sole discretion, the contractual rate may be
further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate
at the end of the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the
Director of Purchasing and Contract Management written, quarterly documentation to justify the
ongoing adjustment. If no such documentation is timely received, the rate will automatically
revert to the initial, awarded rate.
7. This contract shall remain in effect until the first of the following occurs: (1) the expiration date,
(2) performance of services ordered, or (3) termination of by either party with a 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.
8. 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.
9. Insurance Requirements
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):
Commercial General Liability Requirements: $1 M occurrence/$2M aggregate (can be combined
with an Excess Liability to meet requirement). COL is required in ALL contracts. It is perhaps the most
important of all insurance policies in a contractual relationship. It insures the Contractor has broad
liability coverage for contractual activities and for completed operations. Commercial General Liability
to include Products - Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire
Damage (any one fire), and Medical Expenses (any one person).
Automobile Liability Requirements: $1 M occurrence is needed.
Workers Compensation and Employer Liability Requirements: Statutory. If the vendor is an
independent contractor with no employees and are exempt from providing Workers' Compensation
coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's
license. Employer Liability ($1 M) is required with Workers Compensation.
Pollution Liability Requirements: $1 M occurrence/$1 M aggregate.
* The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional
insured status on a primary and non-contributory basis on all liability policies except professional
liabilities and workers' comp.
* Waivers of Subrogation are required for CGL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment.
* Carriers must meet an A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above.
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.
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 & Contract Management
City of Lubbock
1314 Avenue K, 9th Floor
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.
10. 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.
11. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this document, this provision shall
control.
12. 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 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.
13. 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 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.
14. 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.
15. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive
material contained herein and any additional associated documents and Amendments. The City
disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by
the parties. In the event of conflict between these terms and conditions and any terms and
conditions provided by the Contractor, the terms and conditions provided herein shall prevail.
The terms and conditions provided herein are the final terms agreed upon by the parties, and any
prior conflicting terms shall be of no force or effect.
16. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist
organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas
Government Code, as a company known to have contracts with or provide supplies or services
to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign
terrorist organization" shall have the meaning given such term in Section 2252.151, Texas
Government Code.
17. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
contract and the contractor or vendor agrees that the contract can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that
subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor
agrees to: (1) preserve all contracting information related to the contact as provided by the
records retention requirements applicable to the governmental body for the duration of the
contract; (2) promptly provide to the governmental body any contracting information related to
the contract that is in the custody or possession of the entity on request of the governmental
body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental
body all contracting information related to the contract that is in the custody or possession of the
entity; or (B) preserve the contracting information related to the contract as provided by the
records retention requirements applicable to the governmental body.
18. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a
contract that: (1) is between a governmental entity and a company with 10 or more full-time
employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the governmental entity. (b) A governmental entity may not enter into a contract
with a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
19. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the
duration of the contract, have a practice, policy, guidance, or directive that discriminates against
a firearm entity or firearm trade association or (2) the verification required by Section 2274.002
of the Texas Government Code does not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a
value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code
Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against
a firearm entity or firearm trade association; and will not discriminate during the term of the
contract against a firearm entity or firearm trade association.
Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of the
Texas Government Code does not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a
value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code
Chapter 2274, it does not boycott energy companies; and will not boycott energy companies
during the term of the Agreement. This verification is not required for an agreement where a
governmental entity determines that these requirements are inconsistent with the governmental
entity's constitutional or statutory duties related to the issuance, incurrence, or management of
debt obligations or the deposit, custody, management, borrowing, or investment of funds.
20. The Contractor shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without
prior written consent of the City, unless otherwise required by law.
20. The Contractor shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without
prior written consent of the City, unless otherwise required by law.
21. The Contractor shall indemnify and save harmless the City of Lubbock and its elected officials,
officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of
any kind, character, type, or description, including without limiting the generality of the
foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any
person, or injury to any property, received or sustained by any person or persons or property, to
the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its
agents, employees, and/or subcontractors, related to the performance, operations or omissions
under this agreement and/or the use or occupation of city owned property. The indemnity
obligation provided herein shall survive the expiration or termination of this agreement.
22. This Contract consists of the following documents set forth herein; Invitation to Bid No. 23-
17132-YB, Specifications, and the Bid Form.
INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
Z
ST:
Courtney Paz, Interi i ecretary
APPROVE AS TO CONTENT:
Colby VanGundy, Director of Parks and Recreation
APPROVED AS TO FORM:
T whru 0
R ael Foster, A sistant City Attorney
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City of Lubbock
ITB 23-17132-YB
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 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.
1.15 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.
1.16 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.
1.17 Unit — A single maintenance site.
1.19 Unit Price - Payment to the Contractor based on a Unit or portion of the Work performed.
1.19 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.
1.20 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 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. 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 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
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 7 Class C, Items 1-6, Group 7 Class E
Right of Way Property 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 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 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
Superintendent/Foreman shall represent the Contractor in its absence and all directions given to the
Designated Superintendent/Foreman shall be binding as if given to the Contractor. It is expressly
agreed that adequate supervision by competent and reasonable representatives of the Contractor is
essential to the proper performance of the Work and lack of such supervision shall be grounds for
suspending operations of the Contractor.
The Work, from its commencement to completion, shall be under the exclusive charge and control of
the Contractor and all risk in connection therewith shall be borne by the Contractor.
Neither the Owner, nor its Representatives or Agent(s) shall be responsible for the acts or omissions
of the Contractor, or any subcontractors, or any of Contractor's Agents or employees, or any other
persons performing any of the Work.
20. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the
nature and location of the Work, the confirmation of the ground, the character, quality and quantity
of materials to be encountered, the character of equipment and facilities needed preliminary to and
during the prosecution of the Work, and the general and local conditions, and all other matters which
in any way affect the Work under the contract documents. No oral agreement or conversation with
any officer, agent, or employee of the Owner, or Owner's Representative either before or after the
execution of this contract, shall affect or modify any of the 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, OvNmer'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 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 so that
it shall be in full accordance with the contract documents. It is further agreed that any remedial action
contemplated as hereinabove set forth shall be at Contractor's expense.
25. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner
may see fit for the Work herein contemplated, or any part thereof, either before, during, or after the
beginning of the mowing Cycles, without affecting the validity of this contract.
If such changes or alterations diminish the quantity of the Work to be done, they shall not constitute
the basis for a claim for damages, or anticipated profits on the Work that may be dispensed with. If
they increase the amount of Work, and the increased Work can fairly be classified under the
Specifications, such increase shall be paid according to the Work actually done and at the Unit Price
established for such Work under this contract; otherwise such additional Work shall be paid for as
provided under Extra Work. In case the Owner shall make such changes or alterations as shall make
useless any Work already done or material already furnished or used in said Work, then the Owner
shall recompense the Contractor for any material or labor so used, and for actual expenses incurred
in preparation for the Work as originally planned.
26. EXTRA WORK
The term "Extra Work" as used in this contract shall be understood to mean and include all Work
that may be required by the Owner or Owner's Representative to be done by the Contractor to
accomplish any change, alteration or addition to the Work as shown on the plans and Specifications
or contract documents and not covered by Contractor's bid, except as provided under Changes and
Alterations herein.
It is agreed that the Contractor shall perform all Extra Work under the direction of the Owner's
Representative when presented with a written work order signed by the Owner's Representative;
subject, however, to the right of the Contractor to require written confirmation of such Extra Work
order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing
said Extra Work shall be determined by the following methods:
Method (A) - By agreed Unit Prices; or
Method (B) - By agreed Lump Sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the Extra Work is
commenced, then the Contractor shall be paid the lesser of the following: (1)
actual field cost of the Extra Work, plus fifteen (15%) percent; or (2) the
amount that would have been charged by a reasonable and prudent Contractor
as a reasonable and necessary cost for performance of the Extra Work.
In the event said Extra Work be performed and paid for under Method (C)(1), then the provisions of
this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all
workers, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks,
rentals on machinery and equipment, for the time actually employed or used on such Extra Work,
plus actual transportation charges necessarily incurred, together with all expenses incurred directly
on account of such Extra Work, including Social Security, Old Age Benefits, Maintenance Bonds,
Public Liability and Property Damage and Workers' Compensation and all other insurances as may
be required by law or ordinances or directed by the Owner or Owner's Representative, or by them
agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall
be kept and records of these accounts shall be made available to the Owner's Representative. The
Owner's Representative may also specify in writing, before the Work commences, the method of
doing the Work and the type and kind of machinery and equipment to be used; otherwise, these
matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use
of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the
latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and
equipment shall be incorporated in the written Extra Work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit,
overhead, general superintendence and field office expense, and all other elements of cost and
expense not embraced within the actual field cost as herein defined, save that where the Contractor's
Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to
maintain and operate the same shall be included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by Owner's
Representative. In case any orders or instructions appear to the Contractor to involve Extra Work for
which Contractor should receive compensation or an adjustment in the construction time, Contractor
shall prior to commencement of such Extra Work, make written request to the Owner's Representative
for a written order authorizing such Extra Work. Should a difference of opinion arise as to what does
or does not constitute Extra Work or as to the payment therefore, and the Owner's Representative
insists upon its performance, the Contractor shall proceed with the Work after making written request
for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C) (1). If Contractor does not notify Owner's Representative before the
commencement of any Extra Work, any claim for payment due to alleged Extra Work shall be deemed
waived.
27. UNAUTHORIZED WORK
All Work and/or materials which do not conform to the contract and Specifications, and Work done
contrary to written instructions of the Owner's Representative or Agent(s) shall be done at the
expense of the Contractor. The Contractor may be ordered to remove or remedy such Work at its
own expense. If Contractor damages adjacent property, the Contractor shall remedy such property
at its own expense.
28. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all Work described in the bid,
the Specifications, plans and other contract documents, is to be done for the prices quoted by the
Contractor and that such price shall include all appurtenances necessary to complete the Work in
accordance with the intent of these contract documents as interpreted by Owner's Representative.
Notices of any discrepancies or omissions in these plans, Specifications, or contract documents,
shall be given to the Owners' Representative and a clarification obtained before the bids are
received, and if no such notice is received by the Owner's
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 verbally or in writing to increase their safety
or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein
specified, the Contractor shall, if so ordered verbally or in writing, increase its force or equipment,
or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress.
30. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL
INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance
with an insurance company licensed to transact business in the State of Texas, which policy shall
comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times
exercise reasonable precaution for the safety of employees and others on or near the Work and shall
comply with all applicable provisions of federal, state and municipal laws and building and
construction codes. All machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of Associated General
Contractors of America, except where incompatible with federal, state or municipal laws or
regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and all of its officers, agents and employees against any all losses, costs,
damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed,
actual, accrued or contingent, liquidated or un-liquidated, including, but not limited to, attorneys'
fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or
any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or
supervision of this contract, and the project which is the subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion
as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice
which may be given by the Owners or the Owner's Representative concerning omissions under this
paragraph as the Work progresses, are intended as reminders to the Contractor of its duty and shall
not be construed as any assumption of duty to supervise safety precautions by either the Contractor
or any of its subcontractors.
31. 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.
32. 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, workers, mechanics, material men and furnishers of machinery and parts
thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the
project which is the subject matter of this contract. When Owner so desires, the Contractor shall
furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,
discharged or waived.
33. 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.
34. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances
and regulations, which in any manner affect the contract or the Work, and without limiting, in any
way, manner or form, the indemnity provided by Contractor in Item #30 Protection Against Accident
to Employee and Public and General Indemnity hereof, Contractor shall indemnify and save harmless
the Owner, and all of its officers, elected officials, agents, representatives and employees against any
claims arising from the violation of any such laws, ordinances, and regulations, whether by the
Contractor, its employees, or subcontractors. If the Contractor observes that the plans and
Specifications are at variance therewith, he shall notify the Owner's Representative in writing prior
to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the
Work. In the absence of timely written notification to Owner's Representative of such variance or
variances within said time, any objection and/or assertion that the plans and Specifications are at
variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If
the Contractor, its employees or subcontractors perform any Work contrary to such laws, ordinances,
rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear
all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law
from which it derives its powers, insofar as the same regulates the objects for which, or the manner
in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and
shall be considered as part of this contract to the same effect as though embodied herein.
Prior to any application of chemicals, the Contractor shall request, in writing, for approval from the
Owner's 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 or Texas
Department of Agriculture. Before applications commence, the Contractor shall furnish the Owner's
Representative or Agent(s) a list of proposed areas to be treated and chemicals to be used.
35. 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.
36. 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.
37. TIME FOR SUBSTANTIAL COMPLETION
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the
date of beginning and time for completion as specified in the contract documents, of Work to be done
hereunder are essential conditions of this contract; and it is further mutually understood and agreed
that the Work embraced in this contract shall be commenced as provided in the contract documents.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for
the substantial completion of the Work described herein is reasonable time for the completion of the
same, taking into consideration the average climatic range and conditions and usual industrial
conditions prevailing in this locality. The time will be negotiable and agreed upon by and between
the Contractor and the Owner.
IT IS FURTHER AGREED AND -UNDERSTOOD BETWEEN THE CONTRACTOR AND
OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT.
38. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the
Contractor shall be allowed to prosecute its Work at such time and sessions, in such order of
precedence, and in such manner as shall be most conductive to economy of scheduling; provided,
however, that the order and time of prosecution shall be such that the Work shall be substantially
completed as a whole and in part, in accordance with this contract, the plans and Specifications, and
within the time of completion designated in the bid; provided, also, that when the Owner is having
other Work done, either by contract or by its own force, the Owner's Representative may direct the
time and manner of scheduling Work done under this contract so that conflicts will be avoided and
the mowing of the various Works being done for the Owner shall be harmonized. All required unit
work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100%
complete before commencing to another mowing site.
The Contractor shall submit mowing schedules as requested by the Owner's Representative or
Agent(s) five (5) working days prior to the start of every month. A copy shall be mailed, faxed or e-
mailed to the Owner's Representative, Agent(s), and any Park Maintenance department dependent
upon the mowing schedules. Mowing properties shall be mowed in the order they are listed on the
monthly schedule with dates at which the Contractor will start the Units of Work and estimated dates
of completion of the Units of Work unless prior notice is given before the start of the working day
(6:00 AM).
39. 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
#37 — 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.
40. 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 workers, 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.
41. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or
computed length, area, solid contents, number and weight only shall be considered, unless otherwise
specifically provided. In the event this contract is let on a Unit Price basis, then Owner and Contractor
agree that this contract, including the Specifications, plans and other contract documents are intended
to show clearly all Work to be done and material to be furnished hereunder. Where the estimated
quantities are shown, and only when same are expressly stated to be estimates, for the various classes
of Work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the Work and for comparing their bids
offered for the Work. In the event the amount of Work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is
understood and agreed that the actual amount of Work to be done and the materials to be furnished
under this contract may differ somewhat from these estimates, and that where the basis for payment
under this contract is the Unit Price method, payment shall be for the actual amount of Work done
and materials furnished on the project.
42. 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.
43. 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, appendicies, contract documents and requirements of
Owner's Representative.
44. 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.
45. 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
45.1 Unsatisfactory progress of the Work not caused by condition beyond the Contractor's
control;
45.2 Defective Work not corrected;
46.3 Contractor's failures to carry out instructions or orders of the City or his (its)
representatives;
45.4 A reasonable doubt that the contract can be completed for the balance then unpaid;
45.5 Execution of Work not in accordance with the contract documents;
46.
45.6 Claim filed by or against the Contractor or reasonable evidence indicating probable
filing of claims;
45.7 Failure of the Contractor to make payments to subcontractor for material or
labor;
45.8 Damage to another Contractor;
45.9 Unsafe working conditions allowed persisting by the Contractor;
45.10 Failure of the Contractor to provide work schedules as required by the City;
45.11 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.
RIGHT
FM
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:
46.1 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;
46.2 Substantial evidences that the progress of the Work being made by the Contractor is
insufficient to complete the Work within the specified working time;
46.3 Failure of the Contractor to provide sufficient and proper equipment, materials or
construction forces or properly executing the Work;
46.4 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;
46.5 Substantial evidences that the Contractor has become insolvent or bankrupt, or
otherwise financially unable to carry on the Work;
46.6 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;
46.7 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;
46.8 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;
46.9 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.
47. 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.
48. 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.
49. CLAIM OR DISPUTED WORK
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within seven (7) calendar
days after the Owner's Representative has given any direction, order or instruction to which the
Contractor desires to take exception. Timely written notice of dispute as provided in this contract of
any decision by Owner's Representative or Owner shall be a condition precedent to the bringing
and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters
set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative
within seven (7) calendar days of receipt of notice of dispute by Owner's Representative, said
objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by
the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the
Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and
employees and Owner's Representative, by Contractor.
If the Contractor is of the opinion that (a) the Work necessary or required to accomplish the result
intended by this contract; or (b) any Work ordered to be done as contract Work by the City is Extra
Work or additional Work and not contract Work; or (c) any determination or order of the Owner
violates the terms and provisions of this contract, the Contractor shall promptly, either before
proceeding with such Work or complying with such order or determination, notify the Owner in
writing of his (its) contentions with respect thereto and request a final determination thereof. If the
Owner determines that the Work in question is Extra Work and not contract Work, or the
determination or order complained of required performance by the Contractor beyond that required
by the contract or violates the terms and provisions for the contract, thereupon the Owner shall cause
either (a) the issuance of a written order covering the Extra Work as provided for in paragraph 1 of
Item #26-Extra Work hereof, or (b) the determination or order complained of be rescinded or so
modified so as to not require performance beyond that required by the terms and provisions of the
contract. Such determination of the Owner shall be given in writing to the Contractor.
If the Owner determines that the Work in question is contract Work and not, Extra Work, or that the
determination or order complained of does not require performance by the Contractor beyond that
required by the 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.
50. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume Work within two 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.
In the event the Contractor should fail to commence compliance with the notice hereinbefore
provided within two 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. 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 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 #44-Payments hereinabove set forth, shall be issued. A
complete itemized statement of the contract accounts, certified to by Owner's Representative as
being correct shall then be prepared and delivered to Contractor, if applicable, where on the
Contractor, 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, 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, if applicable. Should the cost to complete the Work
exceed the contract price, and the Contractor, if applicable, fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials
or supplies on the site of the Work, notice thereof, together with an itemized list of such equipment
and materials shall be mailed to the Contractor, 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.
51. 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.
52. 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.
53. 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.
54. 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.
55. 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.
56. 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:
56.1 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
56.2 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.
57. 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.
59. 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.
60. 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.
61. NOTICE TO PROCEED
Notice to Proceed date will be issued at the start of every mowing season. The Contractor shall
actively proceed with the Work as agreed and stated on the notice to proceed. Work shall not start
until the notice to proceed is issued by the Purchasing and Contract Management department.
62. 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.
63. 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.
Contractor understands and agrees that a Drought Contingency Plan, if enacted by the City of
Lubbock, could result in significantly reduced or eliminated irrigation schedules for the properties
that are the subject of this agreement, which could, in turn, significantly reduce or eliminate the need
for services contemplated under this agreement. In the event said Drought Contingency Plan is
enacted, Owner shall promptly notify Contractor of said event, and Contractor hereby agrees
thereafter to accept and abide by any revised maintenance schedules and compensation adjustments
promulgated by the Owner. This agreement shall constitute the Contractor's consent, granted
prospectively, for a change order to the original contract price as required by TEXAS LOCAL
GOVERNMENT CODE, Section 252.048(d).
64. 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.
65. 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.
66. SEVERABILITY
If for any reason any provision hereof shall be inoperative, the validity and effect of all other
provisions shall not be affected thereby.
67. 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.
68. THE CITY RIGHT TO AUDIT
At any time during the term of this Contract and for a period of four (4) years 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
under this Contract. In the event such an audit by the City reveals any errors/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.
69. NON -ARBITRATION
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.
MAINTENANCE STANDARDS
Class A Maintenance Standards
General: Successful Contractor shall actively proceed with the work as agreed and stated on the notice
to proceed. Work shall not start until the notice to proceed is issued by the Purchasing and Contract
Management department. The decision to end or suspend temporarily the maintenance season shall
be made by the Owner's Representative Agent. The Contractor shall be notified of the Owner's
decision by letter.
1.1.1. The areas to be serviced for each site include all right of ways adjoining the site and to the
centerline of all alleys adjoining the site, and extending street -ward including the curb and
ending six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful
operation of mowing equipment around plant material and structures to prevent damage and
to prevent clippings from contaminating shrub or color beds, hard surfaces, streets,
playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and
picking up of maintenance debris shall be required for these areas. Blowing of grass clippings
or debris out to the street is prohibited.
1.1.2. Contractor shall provide a maintenance schedule to the Parks Department within two days
from Notice to Proceed and will notify Owner no later than 2:00 pm on the day before any
revised mowing schedule changes presentative or Agent(s) of any changes in the schedule
prior to the schedule change.
2. Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's
Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and occur
up to once per calendar week, or every seven (7) calendar days, evenly spaced between Cycles. All hard
surfaces shall be cleaned after each service. All equipment must be of appropriate size for each site and
approved by the Owner's Representative or Agent(s). All clippings windrows or clumps will be bagged
and removed. All required unit work which includes mowing, edging, trim mowing, string trimming,
sweeping, and clippings removal shall be 100% complete before commencing to another mowing site.
Alternate mowing patterns are required every cycle to avoid turf damage.
2.1. TENTATIVE MOWING FREQUENCIES:
March 1
July 4
April 2
August 5
May 4
September 4
June 4
October 1
3. Edging: All sidewalks and curbs shall be edged to a depth of one inch and shall be performed concurrently
with mowing operations. String trimmers or curb dressers may not be used for edging. Six (6) to eight
inch wide optional chemical edging only on chain link fence lines with Turf on either side of the fence
is permitted on Class A Parks. Optional spraying of one (1) foot away from the tree(s) main trunk is also
permitted to eliminate tree bark damage.
3.1. Street curb and drainage channel edging shall be accomplished concurrently with mowing operations
and all debris from this activity shall be removed the same day that the task is performed. Curb
dressers may be used for this task.
4. 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 and
mowable areas that retain water shall be the Contractor's responsibility. Trimming must be performed
around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or
structures. All play surfaces, hard surfaces, sidewalks, streets, street medians, parking areas, parking lots
and drainage channels must be kept free of grass, weeds and debris. This task must be completed the
same day the mowing is performed.
5. Class B Maintenance Standards
5.1. General: Successful Contractor shall actively proceed with the work as agreed and stated on the
notice to proceed. Work shall not start until the notice to proceed is issued by the Purchasing and
Contract Management department. The decision to end or suspend temporarily the maintenance
season shall be made by the Owner's Representative Agent. The Contractor shall be notified of the
Owner's decision by letter.
5.2. The areas to be serviced for each site include all right of ways adjoining the site and to the centerline
of all alleys adjoining the site, and extending street -ward including the curb and ending six (6)
inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing
equipment around plant material and structures to prevent damage and to prevent clippings from
contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If
conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be
required for these areas. Blowing of grass clippings or debris out to the street is prohibited.
5.3. Contractor shall provide a maintenance schedule to the Parks Department within two 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.
6. Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's
Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and occur
up to once per calendar week or every seven (7) calendar days, evenly spaced between Cycles. Clippings
shall not be bagged, and all hard surfaces shall be cleaned after each service. Clippings at swimming
pools inside the fence must be bagged. The mowers shall leave no clumps or windrows of grass.
Mowing equipment shall be reel mowers or turf type full flotation rotary mowers equipped with all turf
tires and shall be approved by the Owner's Representative or Agent(s). Some specialty sites such as
athletic fields, athletic facilities, and municipal facilities shall be mowed on specific times and days and
of the week as determined by the Owner's Representative or Agent(s). All clippings windrows or clumps
will be bagged and removed. All required unit work which includes mowing, edging, trim mowing,
string trimming, sweeping, and clippings removal shall be 100% complete before commencing to another
mowing site. Alternate mowing patterns are required every cycle to avoid turf damage.
6.1. TENTATIVE MOWING FREQUENCIES:
March 1
July 4
April 2
August 5
May 4
September 4
June 4
October 1
7. 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 trimmers or curb dressers may
not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence
lines with turf on either side of the fence is permitted on Class B Parks. All jogging tracks shall be edged
concurrently with mowing operations. Optional spraying of one (1) foot away from the tree(s) main trunk
is also permitted to eliminate tree bark damage.
7.1. Street curb and drainage channel edging shall be accomplished weekly and all debris from this
activity shall be removed the same day that the task is performed. Curb dressers may be used for
this task.
8. 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 and
mowable areas that retain water shall be the Contractor's responsibility. Trimming must be performed
around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or
structures. All play surfaces, sidewalks, hard surfaces, streets, street medians, playground sidewalks,
parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This task
must be completed the same day the mowing is performed.
9. Class C Maintenance Standards
9.1. General: Successful Contractor shall actively proceed with the work as agreed and stated on the
notice to proceed. Work shall not start until the notice to proceed is issued by the Purchasing and
Contract Management department. The decision to end or suspend temporarily the maintenance
season shall be made by the Owner's Representative Agent. The Contractor shall be notified of the
Owner's decision by letter.
10. The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of
all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches
beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment
around plant material and structures to prevent damage and to prevent clippings from contaminating
shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not
conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas.
Blowing of grass clippings or debris out to the street is prohibited.
10.1. Contractor shall provide a maintenance schedule to the Parks Department within two 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.
11. 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) calendar days evenly spaced between Cycles. Clippings shall not be bagged
and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows
of grass. Mowing equipment shall be determined by site conditions and equipped with all turf tires and
shall be approved by the Owner's Representative or Agent(s). Some specialty sites such as athletic fields,
athletic facilities, and municipal facilities shall be mowed on specific times and days and of the week as
determined by the Or.mer's Representative or Agent(s). All clippings windrows or clumps will be bagged
and removed. All required unit work which includes mowing, edging, trim mowing, string trimming,
sweeping, and clippings removal shall be 100% complete before commencing to another mowing site.
Alternate mowing patterns are required every cycle to avoid turf damage.
11.1. TENTATIVE MOWING FREQUENCIES:
March 1
April 2
May 4
June 4
July 4
August 5
September 4
October 1
12. Edging only on chain link fence lines with turf on either side of the fence is permitted on Class 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 trimmers or curb dressers may not be used
for edging. Six (6) to eight (8) inch wide optional chemical C Parks. All jogging tracks shall be edged
concurrently with mowing operations. Optional spraying of one (1) foot away from the tree(s) main
trunk is also permitted to eliminate tree bark damage.
12.1. 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.
13. 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 and
mowable areas that retain water shall be the Contractor's responsibility. Trimming must be performed
around trees, plant beds, buildings, playground equipment, signs, fences, and any other plants or
structures. All play surfaces, sidewalks, hard surfaces, streets, street medians, playground sidewalks,
parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This task
must be completed the same day the mowing is performed.
14. Class D Maintenance Standards
14.1. General: Successful Contractor shall actively proceed with the work as agreed and stated on the
notice to proceed. Work shall not start until the notice to proceed is issued by the Purchasing and
Contract Management department. The decision to end or suspend temporarily the maintenance
season shall be made by the Owner's Representative Agent.
14.2. The areas to be serviced for each site include all right of ways adjoining the site and to the centerline
of all alleys adjoining the site, and extending street -ward including the curb and ending six (6)
inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing
equipment around plant material and structures to prevent damage and to prevent clippings from
contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If
conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be
required for these areas. Blowing of grass clippings or debris out to the street is prohibited.
14.3. Contractor shall provide a maintenance schedule to the Parks Department within two 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. 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 twenty (20) calendar days evenly spaced
between Cycles. Clippings shall not be bagged and all hard surfaces shall be cleaned after each
service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be
determined by site conditions and equipped with all turf tires and shall be approved by the Owner's
Representative or Agent(s). All clippings windrows or clumps will be removed. All required unit
work which includes mowing, edging, trim mowing, string trimming, sweeping, and clippings
removal shall be 100% complete before commencing to another mowing site. Alternate mowing
patterns are required every cycle to avoid turf damage.
14.3.1. TENTATIVE MOWING FREQUENCIES:
March 1 July 4
April 2 August 5
May 4 September 4
June 4 October 1
14.4. 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 trimmers or
curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging
only on chain link fence lines with turf on either side of the fence is permitted on Class D Parks.
14.5. 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
and mowable areas that retain water shall be the Contractor's responsibility. Trimming must be
performed around trees, plant beds, buildings, playground equipment, signs, fences, and any other
plants or structures. All sidewalks, hard surfaces, streets, street medians, playground sidewalks,
parking areas, parking lots and drainage channels must be kept free of grass, weeds and debris. This
task must be completed the same day the mowing is performed.
City of Lubbock, TX
Purchasing and Contract Management
Vendor Acknowledgement Form
In compliance with the Invitation to Bid, the undersigned Bidder having examined the Invitation to Bid,
instructions to bidders, General Conditions of the Agreement, Specifications, and being familiar with the
conditions to be met, hereby submits the following bid for furnishing the material, equipment, labor and
everything necessary for providing the items listed and agrees to deliver said items at the locations and for the
prices set forth on the bid form and/or the bid table associated with this bid.
A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of
form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are
obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind.
The Invitation to Bid is by reference incorporated in this contract.
Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre -Paid and Allowed
Where applicable, delivery days are: Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -
none basis for any item or group of items shown on the bid.
The City of Lubbock is seeking a contract for with one or more contractors. In order to assure adequate
coverage, the City may make multiple awards, selecting multiple vendors to provide the products
desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of
this Bid, however, is an option reserved by the City, based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net
calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated
on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within
thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later.
Discounts for prompt payment requiring payment by the City within a stipulated number of days will be
interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a
correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later.
Discounts for payment in less than ten days will not be considered.
MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price
charged anyone else, including its most favored customer, for like quality and quantity of the
products/services; does not include an element of profit on the sale in excess of that normally obtained by the
Bidder on the sale of products/services of like quality and quantity; and does not include any provision for
discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale
to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower
net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower
price(s) on all deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental
entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized
interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government
Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder
shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders
in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate
in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would
apply?
City of Lubbock
ITB 17132-YB
Parks Turf Maintenance
Bid Form
#
Items
Address
#5-1
University -Southeast
S Loop 289 &
Quadrant - Per Specs
University
#5-2
University -Southwest
S Loop 289 &
Quadrant - Per Specs
University
#5-3
University -Northwest
S Loop 289 &
Quadrant - Per Specs
University
#5-4
University -Northeast
S Loop 289 &
Quadrant - Per Specs
University
#5-5
Indiana -Southeast
S Loop 289 &
Quadrant - Per Specs
Indiana
#5-6
Indiana -Southwest
S Loop 289 &
Quadrant- Per Specs
Indiana
#5-7
Indiana -Northwest
S Loop 289 &
Quadrant - Per Specs
Indiana
#5-8
Indiana -Northeast
S Loop 289 &
Quadrant - Per Specs
Indiana
#5-9
Quaker -Southeast
S Loop 289 &
Quadrant - Per Specs
Quaker
#5-10
Quaker -Southwest
S Loop 289 &
Quadrant - Per Specs
Quaker
#5-11
Quaker -Northwest
S Loop 289 &
Quadrant - Per Specs
Quaker
#5-12
Quaker -Northeast
S Loop 289 &
Quadrant - Per Specs
Quaker
#5-13
Slide -Southeast Quadrant - S Loop 289 & Slide
Per Specs
#5-14
Slide -Southwest Quadrant
- S Loop 289 & Slide
Per Specs
#5-15
Slide -Northwest Quadrant
- S Loop 289 & Slide
Per Specs
#5-16
Slide -Northeast Quadrant - S Loop 289 & Slide
Per Specs
_6
GrOLIP Class I' Right of
Marsha Sharrp & Ave H
Way PropertANN
Marsha Sharp
#6-1
(SE Corner) - Per Specs
Freeway & Ave H
19 St Right Of Way - Per
#6-2
Specs
Ave C To Ave F
19 St Right Of Way - Per
#6-3
Specs
Ave X To University
19 St Right Of Way - Per
University To
#6-4
Specs
Indiana
19 St Right Of Way - Per
#6-5
Specs
Indiana To Peoria
19 St Right Of Way - Per
Frankford To W
#6-6
Specs
Loop 289
34TH St Right Of Way -
#6-7
Per Specs
Hickory To Globe
34TH St Right Of Way -
#6-8
Per Specs
Ave G To 1-27
M
MDM Mowing
Location
Lubbock, TX
Total Cost
$60,630.00
Approx.
Approx.
Maintenance
Maintenance/
Annual
Cycle
Mowable
Maintenance
Unit Extended
Acreage
Cycles
UOM
Cost Cost
1.82
17
EA
$60.00
$1,020.00
1.23
17
EA
$60.00
$1,020.00
1.06
17
EA
$70.00
$1,190.00
1.36
17
EA
$50.00
$850.00
1.58
17
EA
$70.00
$1,190.00
0.95
17
EA
$70.00
$1,190.00
0.9
17
EA
$50.00
$850.00
1.28
17
EA
$50.00
$850.00
2.42
17
EA
1.14
17
EA
1.42
17
EA
0.96
17
EA
1.43 17
1.35 17
0.57 17
0.89 17
EA
EA
EA
EA
$100.00
$70.00
$60.00
$50.00
$70.00
$60.00
$50.00
$50.00
$1,700.00
$1,190.00
$1,020.00
$850.00
$1,190.00
$1,020.00
$850.00
$850.00
0.3
8
$100.00
$800.00
EA
0.2
8
$100.00
$800.00
EA
0.13
8
$100.00
$800.00
EA
1
8
$200.00
$1,600.00
EA
0.07
8
$160.00
$1,280.00
EA
0.22
8
$160.00
$1,280.00
EA
0.11
8
$65.00
$520.00
EA
1
8
$ l 10.00
$880.00
EA
# Items Address
#5-1
University -Southeast
S Loop 289 &
Quadrant - Per Specs
University
34TH St Right Of Way -
#6-9
Per Specs
I-27 To Ave J
34TH St Right Of Way -
#6-10
Per Specs
Ave X To University
34TH St Right Of Way -
#6-11
Per Specs
University To Akron
34TH St Right Of Way -
#6-12
Per Specs
Vicksburg To Slide
34TH & Slide Triangle -
#6-13
Per Specs
34TH & Slide
34TH St Right Of Way -
#6-14
Per Specs
Frankford To Hyden
29TH Dr Right Of Way -
34TH To Marsha
#6-15
Per Specs
Sharp Freeway
50TH St Right Of Way -
#6-16
Per Specs
Ave C To I-27
50TH St Right Of Way -
#6-17
Per Specs
I-27 To Ave Q
50TH St Right Of Way -
Ave W To
#6-18
Per Specs
University
50TH St Right Of Way -
University To
#6-19
Per Specs
Indiana
SOTH St Right Of Way -
#6-20
Per Specs
Indiana To Quaker
Wayne To Slide
50TH St Right Of Way -
Include 3 Medians &
#6-21
Per Specs
Intersection
Regis To Municipal
N MLK Right Of Way -
Dr Hardsurface &
#6-22
Per Specs
Landscape Medians
MLK Right Of Way - Per
#6-23
Specs
E 2ND To E 4TH
MLK Right Of Way - Per
#6-24
Specs
E 19TH Thru 37TH
Ave A Right Of Way - Per
Underpass Between
#6-25
Specs
13TH & 16TH
Ave A Right Of Way - Per
#6-26
Specs
51 ST To 60TH
Ave H Underpass - Per
Marsha Sharp
#6-27
Specs
Freeway To 7TH
Texas Ave Underpass - Per
Marsha Sharp
#6-28
Specs
Freeway To 7TH
Ave L Right Of Way - Per
Marsha Sharp
#6-29
Specs
Freeway To 8TH
Marsha Sharp
Ave O Right Of Way - Per
Freeway To Mac
#6-30
Specs
Davis
Clovis & Ave Q Median -
#6-31
Per Specs
Ave Q & Clovis Rd
Clovis & Indiana Median -
Indiana & Clovis Rd
#6-32
Per Specs
SE Comer Median
University Right Of Way -
N Loop 289 To
#6-33
Per Specs
Erskine
University Right Of Way -
Clovis Rd To
#6-34
Per Specs
Dartmouth
City of Lubbock
ITB 17132-YB
Parks Turf Maintenance
Bid Form
Approx. Approx.
Maintenance/ Annual
Mowable Maintenance
Acreage Cycles UOM
LZ 17 EA
0.9
8
EA
0.13
8
EA
0.12
8
EA
0.37
8
EA
0.3
8
EA
0.48
8
EA
0.22
8
EA
0.35
8
EA
0.59
8
EA
0.25
8
EA
1
8
EA
1
8
EA
0.25
8
EA
2.04 8
EA
0.28
8
EA
1.3
8
EA
0.19
8
EA
0.63
8
EA
0.2
8
EA
0.22
8
EA
0.28
8
EA
0.15
8
EA
0.02
8
EA
0.01
8
EA
1
8
EA
0.07
8
EA
Maintenance
Cycle
Unit
Cost
$60.00
$110.00
$85.00
$70.00
$110.00
$110.00
$160.00
$160.00
$70.00
$200.00
$65.00
$200.00
$ I60.00
$160.00
$460.00
$160.00
$260.00
$80.00
$160.00
$160.00
$160.00
$65.00
$40.00
$40.00
$40.00
$65.00
Extended
Cost
$1,020.00
$880.00
$680.00
$560.00
$880.00
$880.00
$1,280.00
$1,280.00
$560.00
$1,600.00
$520.00
$1,600.00
$1,280.00
$1,280.00
$3,680.00
$1,280.00
$2,080.00
$640.00
$1,280.00
$1,280.00
$1,280.00
$520.00
$320.00
$320.00
$320.00
$1,280.00
$520.00
City of Lubbock
ITB 17132-YB
Parks Turf Maintenance
Bid Form
Approx.
Approx.
Maintenance
Maintenance/
Annual
Cycle
Mowable
Maintenance
Unit
Extended
#
Items
Address
-71
Acreage
Cycles
UOM
Cost
Cost
05-1
Group
University -Southeast
•. Turnarounds
S Loop 289 &
1.82
17
EA
i a $60.00
$1,020.00
Quadrant - Per Specs
University
I
University Right Of Way -
3RD St To Marsha
0.05
8
$65.00
$520.00
#6-35
Per Specs
Sharp Freeway
EA
Marsha Sharp
0.14
8
$40.00
$320.00
University Right Of Way -
Freeway To Mac
#6-36
Per Specs
Davis
EA
University Right Of Way -
Mac Davis To
0.12
8
$40.00
$320.00
#6-37
Per Specs
Goodacre
EA
University Right Of Way -
0.14
8
$40.00
$320.00
#6-38
Per Specs
17TH To 19TH
EA
University Right Of Way -
0.09
8
$40.00
$320.00
#6-39
Per Specs
19TH To 20TH
EA
University Right Of Way -
0.38
8
$80.00
$640.00
#6-40
Per Specs
38TH To 44TH
EA
University Right Of Way -
0.25
8
$80.00
$640.00
#6-41
Per Specs
46TH To 50TH
EA
University Right Of Way -
1.34
8
$260.00
$2,080.00
#6-42
Per Specs
50TH To S Loop
EA
Slide Rd Right Of Way -
0.31
8
$100
$800.00
#6-43
Per Specs
60TH To S Loop
EA
FrankfordTo
1
8
$225.00
$1,800.00
#6-44
Erskine Ave - Per Specs
Milwaukee
EA
Other governmental entities that might have interests in this contract are Frenship Independent School
District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech
University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO s-1�
• if you (the bidder) checked YES, the following will apply:
Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of
Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s)
awarded as a result of this solicitation. All purchases by governmental entities other than the City of
Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City
of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity
will order their own materials/service as needed.
ADDENDA
Bidder acknowledges receipt of addenda issued in regard to this solicitation:
Addenda No.
Date.
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
INSURANCE REQUIREMENTS
I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been
reviewed by me and my 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.
If the time requirement specified above is not met. the City has the right to reject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements. please contact the
Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572.
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.
TEXAS GOVERNMENT CODE SECTION 2252.152
The undersigned representative of the undersigned company or business, being an adult over the age of
eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that
the company named above is not listed on the website of the Comptroller of the State of Texas concerning the
listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further
certify that should the above -named company enter into a contract that is on said listing of companies on the
website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department.
TEXAS GOVERNMENT CODE SECTION 2271.002
Company hereby certifies the following:
1. Company does not boycott Israel; and
2. Company will not boycott Israel during the term of the contract.
The following definitions apply to this state statute:
(1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with
Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not
include an action made for ordinary business purposes; and
(2) "Company" means an organization, association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary,
majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists
to make a profit.
This Certification is required from a Company if the Company has 10 or more full-time employees and
the contract for goods or services (which includes contracts formed through purchase orders) has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental
entity.
TEXAS GOVERNMENT CODE 2274
By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the
contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code
does not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least
$100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and will not discriminate during the term of the contract against a firearm entity or firearm trade
association.
Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott
energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does
not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least
$100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not
boycott energy companies; and will not boycott energy companies during the term of the Agreement. This
verification is not required for an agreement where a governmental entity determines that these requirements
are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance,
incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment
of funds.
CONTRACTOR ACKNOWLEDGEMENT
In compliance with this solicitation, the undersigned bidder, having examined the bid documents,
instructions to bidders, documents associated with the invitation to bid, and being familiar with the
conditions to be met has reviewed the above information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
• Federal and State Regulations
• Master Agreement
SUBMISSION INFORMATION
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in bid rejection.
THIS BID IS SUBMITTED BY P o^*'i /n4
M4
corporation organized under the laws of the State of _76XA-S , or a partnership consisting of
or individual trading as of
the City of o4 fiva ge -TX
TaxIDNo.:
Address: 7 `fL79 /Vi)t q Avf .
City:
M/WBE Firm:l I Woman
LIM
Authorized
Officer Name and Title:
State: Zip:
American
Please complete the information below.
- must sign by hand
Date: 3 / A 3
Business Telephone Number V 6 'a3 f -/ S f at FAX:
E-mail Address: t►k1, Nac Id' P cal hQI / czwC
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2023-995983
MDM Mowing & More
Lubbock, TX United States
Date Filed:
03/20/2023
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
ITB 23-17132-YB, Class C,E
ITB 23-17132-YB Parks Turf Maintenance for Item 5 Group 7 Class C S.W. Loop Turnarounds Item 1 through 16 and Item 6 Group
7 Class E Right of Way Property Item 1 through 44
4
Name of Interested Party
City, State, Country (Place of business)
Nature of interest
(check applicable)
Controlling I
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is 7408 Ivory Ave. Lubbock TX 79404 USA
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of _ on the day of , 20
(month) (year)
Signature of thorizefi agent of contracting business entity
( eclarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bco
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2023-995983
MDM Mowing & More
Lubbock, TX United States
Date Filed:
03/20/2023
2 Name of governmental entity or state agency that is a parry to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
03/21/2023
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
ITB 23-17132-YB, Class C,E
ITB 23-17132-YB Parks Turf Maintenance for Item 5 Group 7 Class C S.W. Loop Turnarounds Item 1 through 16 and Item 6 Group
7 Class E Right of Way Property Item 1 through 44
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0