HomeMy WebLinkAboutResolution - 2024-R0224 - Contract 17959, With Gorman Outdoor, Inc., For Group 6, Class D - 04/23/2024Resolution No. 2024-R0224
Item No. 6.30
Apri123, 2024
RESULUTTON
BL TT RI;SOLVLD I3Y TIIF. CI'1'Y COYINCTL Ol� "1'Iil, CITY Ol� LU�3BOCK:
TIIA1' the Mayor of thc City of I.ubbock is hcrcby authorizcd and dirccted to executc
for and on bchalf of the City of Lubbock, Contract No. 17959 for Mowing and Maintenance
Services Group 6, Class D- City Parkland (Dcvelopcd and IJndcveloped), as per ITI3 24-
17959-YB, by and bctwccn thc City of I.ubbock and Gorman Outdoor, Inc., of Shallowatcr,
T'cxas, and relatcd documcnts. Said Contract is attachcd hcrcto and incorporatcd in this
resolution as if fully sct forth herein and shall be included in thc minutcs of the City Council.
Passed by the City Council on ____ ______ A}�ril 23�2024 __
1'RAY l
ATTES'1':
Courtney Paz, City Sccrctary
EIYPROVLD AS "1'O CON"1'};N"1':
�
—�1 'J'WV� ��
I3rookc Witchcr, Assistant City Managcr
nPPROVI:D nS '1'O 1�Ol�lvi:
�
Rachacl l�ostcr, A. sistant City �lttorncy
ccdocslliRGS.ServiccContract 17959 Gonnan Outdoor, Inc.
4.17.24
Resolution No. 2024-R0224
City of Lubbock
Contract for
Mowing and Maintenance Services Group 6,
Class D- City Parkland (Develop and Undeveloped)
Contract 17959
THIS CONTRACT made and entered into this 23rd day of April , 2024, by and between the
City of Lubbock ("City"), and Gorman Outdoor. Inc. ,("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Mowing and Maintenance
Services Group 6, Class D— City Parkland (Develop and Undeveloped) 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 Mowing and Maintenance Services Group 6, Class D— City Parkland
(Develop and Undeveloped)
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 specifcations and Contractor's bid, copies of which are attached
hereto and made part hereof, Contractor will deliver to the City, Mowing and Maintenance
Services Group 6, Class D— City Parkland (Develop and Undeveloped), and more
specifically referred to as Items 1-1 through 1-36 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, with the option of four (4), one (1) year
extensions, said date of term beginning upon formal approval. This Contract will renew
automatically for the additional terms, unless either Party gives 90-day written notice to
terminate the Contract.
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.
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
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 DELNERED 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: $1M occurrence /$2M aggregate (can be combined
with an Excess Liability to meet requirement). CGL 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: $1M/occurrence is needed.
Workers Compensation and Emulover 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: $SOOK 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.
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, 9�' 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.
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. 24-
17959-YB, Speciiications, and the Bid Form.
-----TNTENTIONALLY 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.
CITY OF
Tray Payne ayor
ATTEST:
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
`
Co y VanGundy, Director of Parks & Recreation
CONTRACTOR
BY
Aut orize pre entative
�J����%�iv�'rl��ic
Print Name
7�/��`�,�9
Address
o� .� / /,�7i3
ity, State, Zip Code
APPROVED AS TO FORM:
Rac ael Foster, Assis nt City Attorney
City of Lubbock, TX
Mowing and Maintenance Services Group 6, Class D—
City Parkland (Develop and Undeveloped) Group 7,
Classes C& E— Loop Turnarounds
& Right of Way
Specifications
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 o�cial of the City of Lubbock, Texas, who is empowered by
the City Charter to enter into a contract in behalf of the City.
1.13 Notice to Proceed - Written notice to the Contractor issued and signed by the authorized
Agent stating the date on which the Contractor should proceed with Work as stated in the
contract.
1.14 Payment Bond and Performance Bond — Payment, Performance and Maintenance Bond is
the approved form of security furnished by the Contractor and his Surety.
1.15 Review Committee - A committee chosen by the City staff, to analyze and recommend to
City Council the best Contractor(s) to perform the tasks governed by the contract.
1.16 Specifications - The directions, provisions, and requirements pertaining to the method and
manner of perfortning the Work or to the quality of the materials and equipment to be
furnished under the contract.
1.17 Surety — The corporations, partnership or individual, duly authorized and admitted to do
business in Texas and licensed by the State of Texas to issue surety bonds, who is bound
with and for the Contractor to assume legal liability for the faithful performance of the
contract.
1.18 Unfinished Work — Any initial Work pertaining to the mowing contract not satisfactorily
completed. Twenty-four (24) hours will be given to complete any Call Backs.
1.19 Unit — A single maintenance site.
1.20 Unit Price - Payment to the Contractor based on a Unit or portion of the Work performed.
1.21 Vendor Performance Form- The vendor performance from provides the Purchasing
and Contract department with a comprehensive tool for evaluating vendor
performance to reduce risk in the contract award process. The VP tracks
exceptional, satisfactory and unsatisfactory vendor performance.
1.22 Work - All Work, including the furnishing of staff, equipment, materials, and other
incidentals necessary for the performance of the contract.
2. OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as
referring to the City of Lubbock, Texas.
3. CONTRACTOR '
The individual, frm, 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; Certifcate 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 "contracY' 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 frm 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 RESPONSLBILITIES
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 confornuty 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 ternunated due to breach of contract.
13. MOWING SCHEDULES
Except as specifcally 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 Specifcations. 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 1-11 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 REPRESENTATNE'S AND AGENT(Sl AUTHORITY ANI] 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 perfornung any of the Work.
20. CONTRACTOR'S LJNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the
nature and location of the Work, the confirmation of the ground, the character, quality and quantity
of materials to be encountered, the character of equipment and facilities needed preliminary to and
during the prosecution of the Work, and the general and local conditions, and all other matters
which in any way affect the Work under the contract documents. No oral agreement or conversation
with any officer, agent, or employee of the Owner, or Owner's Representative either before or after
the execution of this contract, shall affect or modify any of the terms or obligations herein
contained. Subject to the rights of Owner as set forth in Item #26-Changes and Alterations hereof,
all modifications and/or amendments to the contract documents, shall be in writing, and executed
by Owner's Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the
nature of the Work to be done, or from the action of the elements, or from any unforeseen
circumstance and the prosecution of the Work, shall be sustained and borne by the Contractor at its
own cost and expense.
21. LABOR, EOUIPMENT, MATERIALS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance
in the type of Work required under this contract, to do the Work; and agrees that whenever the
Owner's Representative shall inform Contractor in writing that any man or men on the Work, are,
in Owner's Representative's or agent(s) sole opinion, incompetent, unfaithful, disorderly, or
otherwise unacceptable to Owner, Owner's Representative, or agent(s) such man or men shall be
discharged from the Work and shall not again be employed on the Work. Should the Contractor
continue to employ such individual(s) to continue Work under this contract, the Owner reserves
the right to withhold payment and/or nullify the contract.
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the
prosecution and completion of this contract where it is not otherwise specifically provided that
Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the
care, preservation, conservation, or protection of any materials, tools, equipment or machinery or
any part of the Work until it is finally completed and accepted.
22. PROPERTY AND BOUNDARY
Parks & Owner Facilities; When the property to be maintained is bound by a street, the scope of
maintenance will extend into roadway a minimum of six (6) inches from lip of street gutter, if the
boundary is an alley, maintenance will consist of a minimum of '/z (one-hal fl 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, off'icer, 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, INDIR�CT, 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
ternunation 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 coniirmation 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 deternuned 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 deternuned 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°/0) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its proft,
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 iield 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. fIIVAUTHORIZED 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 Specitications. 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 EOUIPMENT
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 unlaiown, 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 #31 -
Protection Against Accident to Employee and Public and General Indemniry, 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
fizrnish 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 #31 Protection Against Accident to Employee and Public and
General Indemniry 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 #31 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. SUSCONTRACTING
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°/o 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 PER�OF�MANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial
conditions prevailing in this locality, and has considered the liquidated damage provisions of Item
#39 — Time for Substantial Completion hereinabove set forth and expressly agrees that it shall not
be entitled to, nor will it request, an extension of time on this contract, except when its Work has
been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner
or other Contractors employed by the Owner, or by changes ordered in the Work, or by strike,
walkouts, acts of God or the public enemy, fire or flood. Work on weekends and holidays and shall
be at the discretion of the Contractor. Should the Contractor find it necessary to Work during this
time, written notice of his intention to do so shall be given to the Owner's Representative and
Agent(s) at least twenty-four (24) hours prior to doing so. The City reserves the right to deny such
Work that interferes with heavy park usage or special events. All Work is schedule driven;
therefore, the Contractor's Work force and equipment needs shall vary throughout the contract's
time period. The normal Work schedule shall fall within the time frame of Monday through Friday
6:00 a.m. to 5:00 p.m.
A failure by Owner's Representative to affirmatively grant the extension no later than twenty-four
(24) hours of written submission by Contractor shall be deemed a denial, and fnal. 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 fxed, 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 #31 — 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
confornuty 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
deternuned by services rendered. Payment shall be made at the end of each month for services
rendered for each completed Unit within a maintenance group. Payment shall be determined by
the form included in this package as Index #10 and approved by the Owner's Representative or
Agent(s).
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;
45.3 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;
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 witt�held because of
them, and City shall never be liable for interest on any delayed or late payment.
46. CONTRACTOR DEFAULT OWNER'S RIGHT TO SUSPEND WORK AND ANNUAL
CONTRACT
The Work or any portion of the Work under contract shall be suspended immediately on written
order of the Owner declaring the Contractor to be in default. The contract may be annulled by the
Owner for any good cause or causes, among others of which special reference is made to the
following:
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 specifed 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 deternunation, notify the Owner in
writing of his (its) contentions with respect thereto and request a fmal deternunation 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 #27-Extra Work hereof, or (b) the deternunation 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 deternunation of the Owner shall be given in writing to the Contractor.
If the Owner deternunes that the Work in question is contract Work and not, Extra Work, or that
the deternunation 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 deternunation 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 constnzed 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 deternuning the accuracy and
validity of the Contractor's claim.
50. NON-COMPLIANCE ANDIOR 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 inen 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.
[n the event the Owner's Representative elects to complete the Work, as described above, when the
Work shall have been finally completed, the Contractor shall be so notified and certification of
completion as provided in Item #46-Payments hereinabove set forth, shall be issued. A complete
itemized statement of the contract accounts, certified to by Owner's Representative as being correct
shall then be prepared and delivered to Contractor, 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.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the
extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the
remedies provided in this paragraph shall not constitute an election of remedies on the part of
Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise
concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or
otherwise, including but not limited to, liquidated damages, as provided in Item #39-Time for
Substantial Completion, hereinabove set forth.
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 difiiculties, 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. 1NDEPENDENT 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 deternune 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 WANER 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, Classiiications, 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 properiy 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.
58. 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 ternunation 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.
59. 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.
60. CONTRACT TERM
60.1 The contract shall be for a term of one (1) year, with the option of four (4), one (1) year
extensions, said date of term beginning upon formal approval. All stated annual quantities
are approximations of usage during the time period to be covered by pricing established by
this bid. Actual usage may be more or less. Order quantities will be determined by actual
need. The City of Lubbock does not guarantee any specific amount of compensation,
volume, minimum, or maximum amount of services under this bid and resulting contract.
60.2 After completion of the initial Contract term, these properties will go out to bid with all
other parkland properties.
60.3 During the period of the Contract, the Contractor shall provide all the services described in
the Contract. The Contractor understands and agrees that this is a requirements Contract and
that the City shall have no obligation to the Contractor if no services are required. Any
quantities that are included in the bid form and/or specifcations reflect the current
expectations of the City for the period of the Contract. The amount is only an estimate and
the Contractor understands and agrees that the City is under no obligation to the Contractor
to buy any amount of the services as a result of having provided this estimate or of having
any typical or measurable requirement in the past. The Contractor further understands and
agrees that the City may require services in an amount less than or in excess of the estimated
annual Contract amount and that the quantity actually used, whether in excess of the
estimate or less than the estimate, shall not give rise to any claim for compensation other
than the total of the unit prices in the Contract for the quantity actually used.
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 deternune 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 signifcantly 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 TExns LoCn[.
GOVERN1vtENT 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 SCRNENER
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
errorsloverpayments 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.
City of Lubbock, TX
ITB 24-17959-YB
Mowing and Maintenance Services
Group 6, Class D— City Parkland (Develop and Undeveloped)
Group 7, Classes C& E— Loop Turnarounds
& Right of Way
Maintenance Standards
Start Date
• The successful Contractor shall actively proceed with the work as agreed upon and stated within 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, the maintenance season shall be made by a City Representative. The
Contractor will be notified of the City's decision via written communication.
Equipment Evaluation
� An equipment evaluation may take place prior to awarding this contract. This will require the
Contractor to provide the City with information regarding quantity, types and condition of their
equipment, and could result in City staff inspecting the equipment in person.
Contractor's Schedule
• Contractor shall provide a maintenance schedule to the Parks Department within two (2) days after
receiving the Notice to Proceed and will notify the City's Representative of any changes in the
schedule prior to the schedule change.
Service Areas
• The areas to be serviced for each site include all right of ways adjoining the site and to the centerline
of all alley or roadways 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 debris shall be required for
these areas.
• Blowing of grass clippings or debris out to the street is prohibited.
Mowing
• Mowing commencement and conclusion shall be at the discretion of the City's Representative.
• Mowing frequency and height shall be determined by turf growth.
o Mowing for Group 6, Class D— Shall occur every thirty (30) calendar days.
o Mowing for Group 7, Class C— Shall occur every ten (10) calendar days.
o Mowing for Group 7, Class E— Shall occur every thirty (30) calendar days.
• Clippings shall be bagged and removed, and all hard surfaces shall be cleaned after each service.
• 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 City's Representative.
• Some specialty sites such as athletic fields, athletic facilities, and municipal facilities shall be mowed
on specific times and days of the week as determined by the City's Representative.
• 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.
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 chemical edging, only on chain link fence lines with turf on both sides
of the fence, is permitted.
• All walking trails and 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 from mowers and string trimmers.
• Street curb and drainage channel edging shall be performed concurrently with mowing operations.
Curb dressers may be used for this task.
• All debris from this activity shall be removed the same day the task is performed.
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.
Litter / Trash / Debris
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 to avoid creating dangerous or unsightly conditions
and dispose of debris.
Any litter created by the Contractor while performing any mowing or maintenance of the property
shall be picked-up and disposed of properly by the Contractor.
Contractor's employees will properly dispose of their trash, such as food and beverage containers, in
a trashcan or dumpster.
Mowing Frequency / Tentative Monthly
Group 6, Class D— City Parkland (Developed and Undeveloped)
• A total of 9 Mowings on a 30-day Cycle.
March 1 June 1 September
April 1 July 1 October
May 1 August 1 November
Group 7, Class C— Loop Turnarounds
• A total of 19 Mowings on a 10-day Cycle.
March 1 June 2
April 2 July 3
May 3 August 2
Group 7, Class E— Rights of Way
• A total of 9 Mowings on a 30-day Cycle.
March 1 June
April 1 July
May 1 August
Specifications
September
October
November
September
October
November
3
2
1
For more details regarding the topics listed above and for more on the processes regarding responsibilities,
inspections, callbacks, missed cycles, unauthorized work, citizen contact, schedule changes and more,
please see Parks and Recreation Department Turf Maintenance Specifications.
city or Lubbock, TX
Purchasing and Contract Management
Vendor Acknowledgement Form
In compliaace with the invitation to Bid, the undersigned Bidder having examined the lnvitation to Bid,
instructions to bidders, General Conditions of the Ageement, $pecificadons, and bein� familiar with the
conditions to be met, hereby submits the following bid for furnishing the material, equipment, labor and
cverything necessary for providing the items listed and agrees to delivcr said items at thc 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, �Iterations of
form, conditional alternatc bids, additions or altemates in lieu of the items specified, if the unit prices are
obviously unbalanced (either in excess of or below reasonably e�pected values), or irre�ularities of any I;ind
The lnvitation to Bid is by reference incorporated in this contract
Where applicable, prices are yuoted as: F.O.B. Destination, Freight Pre-Paid and Allowed
Where applicable, delivery days are: Days After Receipt oPOrder (ARO)
Unless otherwise specified herein, the City may award the bid either itcm-by—item or on an all-or-
none basis tor 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 Nrovide the products
desircd, if multiple awards are in the best interest ot the City. A decision to make a multiple award of
this Bid, however, is an option reserved by the City, based on the needs ot the City.
PAYMENT ?ERMS AND DISCOUNTS - Bidder offcrs a prompt payment disc�unt of ~ °Io, net
'— caJendar 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 pa,y 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 rcquiring payment by the Ciry 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 meels contract requirements, whichever event occurs later.
Discounts for payment in less than ten days will not be considered
MOST �AVORED PRiC1NG. Thc Bidder certifiey that Uie price quoted is not �n excess of the lowest price
chargcd anyone else, includi�ng 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 ofthat normally obtained by the
Bidder on the sale of products/services of like c�uality and quantity; and does not include any provision for
discounts to selling agents. lf at any time during the contract period, the supplier should sell or offer for sale
to any other customer, an equal or less quantiry of similar contract products of like or better quality, at a lower
net price(s) than provided herein, supplier aerees 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 pricc(s) is effective.
WTERLOCAL 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 authori��d
interlocal purchasing agreements as provided for by the lnterlocal Cooperation Act (Chapter 791, Government
Code), thc right to purchase the same services, at the prices quoted, for the period of this contract Cach bidder
shall indicate on the Bid rorm in the space provided bclow if heJshe will honor Political Subdivision ordcrs
in addition to orders from the City of Lubbock. Should these other �overnmental entities decide to participate
in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would
apply?
Other governmental enNties that might have interests in this contract are Frenship Iodependent Sc6001
District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District, South Plains Association of Governments, City of Tegarkana, Texas Tech
University, West Texac Municipal Power Agency, Lynn County, and City of Wolf%rth.
YES � NO
1f you (the biddcr) checked YES, the following will apply:
Governmental entibes utilizing Interlocal Ageements 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 govemmental entity and paid by that �overnmental entiq�. City
of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity
will ordcr their own matcrials/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
SUSPENSIOPI ANU DEBARMENT CERTIFiCAT10M1`
C'ederal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-Federa] 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 �oods 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
orga,�izaciun 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 musl 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 Fedcral agency.
City of Lubbock
ITB 24-17959-YB
Mowing and Maintenance Serv�ces
Group 6, Class D- City Parkland
(Develop and Undeveloped)
Bid Fonn
ttems Address
� - � . �-
#I-1 CANYON LAKES I&2 (except Buddy Holly Rec Area) Canyon Lake Rd & N Loop 289
#I -2 CANYON LAKE 3 N Cesar Chavez Dr. Eskine to N Ave P
#I-3 CANYON LAKE IINDEVELOPED PARKWAY DR TO EAST BROADW Parkway Dr to E Broadway
#I-4 CANYON LAKE IJNDEVELOPED (40 acrea west of Windmill Center) E Broadway & Canyon Lake Rd.
#I-5 CANYON LAKE UNDEVELOPED N Ave Q to 1-27
#I-6 CANYON LAKE 6 MLK Blvd & Canyon Lake Rd.
#I-7 CANYON LAKE UNDEVELOPED (Mdrews Building) E Broadway & to E 19th, West of Lake
#1-8 CANYON LAKE UNDEVELOPED (Fann Pac) E 19�h to E 24th, West of Lake
#1-9 SOUTH MACKENZIE (Sludge PiQ Broadway & E Canyon Lake Rd Entrance, On North & Ea
fil-10 ASH AVE STRIP E 23rd & Ash
kl-I I RADIO CONTROL AIRPORT (Undeveloped) ISth & Inler
#1-12 AVE L MEDIAN 34th to 38th
HI-13 CLOVIS TRIANGLE Universiry & Clovis
HI-14 BUTLER ANNEX 4th & Zenith
NI-IS VARCO & CYPRESS Vardo & Cypress
#I-16 78TH & ASH 78th & Ash
#I-17 SOUTHEAST DR E 20th to Coronado St.
#1-I8 PRAIRIE DOG TOWN N Mackenzie & Meadowbrook Golf
#I-19 RIBBLE ANNEX 58�h & Te�nple
#I-20 HOOD ANNEX 24th & Ave Q
#I-21 TREE NURSERY West of 2502 Utica, ln Alley
#I-22 WEST WIND Is[ & Franlcford
#1-23 HORIZON WEST Colgale & Frankford
#I-24 UNDEVELOPED AREA, MUNICIPAL DR & ELM Mmicipal Dr. & Ehn
#I-25 MCALISTER (Excluding Ball Fieldc) Milwaukee & Marsha Sharp Frceway
q1-26 HINOJOSAUNDEVELOPEDAREA 22nd&ViolaAve.
q1-27 MUNICIPAL DR & ASH CORNER Municipal Dr. & Ash
q1-28 CLOVIS RD TRIANGLES Clovis, On Ave. R& Ave. S
q1-29 LP&L PARKING LOT Mmicipat Dr. & Mackenzie Ball F�elds
qI-30 REAGAN ANNEX Colgate & Olive
NI-31 TENNIS CENTER ANNEX 66th 8c Elgin
#I-32 YOUTH SPORTS COMPLEX (UNDEVELOPED) 6204 125th
#I-33 NEW ANIMAL SHELTER (UNDEVELOPED) 3323 SE Loop 289
#I-34 SUNCREST 10602 QuakerAve. From Quakerto Vicksburg
#I-35 E 19TH ST MEDIANS E 19TH ST MEDIANS
#I-36 E 34TH ST & MLK BLVD MEDIANS E 34th 8r MLK Blvd
Gorroan Outdooq Inc.
Locafion Shallowater, TX
Total Cost 5272,430.00
Approx.
Approx. � Cost
Maintmance MowinB per Total
/Mowable �7'� Cycle Cos�
Acreage (A) (B) (A'8)
134.28
50.28
44.27
18.73
3236
127.13
8.9
8.3
10.59
1.6
6.99
I .5
0.15
3.4
0.2
7.8
3.6
9.7
3.2
12
14.24
5.9
5.23
3
261.41
5.25
43
0.14
0.8
6.1
5.56
97.12
9.8
539
I
I .78
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
E5,350.00
2,000.00
1,760.00
760.00
1,200.00
6,350.00
360.00
340.00
400.00
200.00
280.00
120.00
120.00
200.00
50.00
320.00
300.00
600.00
125.00
180.00
850.00
240.00
240.00
I50.00
3,915.00
250.00
I50.00
0.00
I50.00
360.00
250.00
1,800.00
400.00
250.00
100.00
I50.00
548, I50.00
I8,000.00
15,840.00
6,840.00
10,800.00
57,150.00
3,240.00
3,060.00
3,600.00
i,sao.00
2,520.00
1,080.00
1,080.00
1,800.00
450.00
2,880.00
2,700.00
5,400.00
I,125.00
1,620.00
7,650.00
2,160.00
2,160.00
1,350.00
35,235.00
2,250.00
1,350.00
0.00
1,350.00
3,240.00
2,250.00
16,200.00
3,600.00
2,250.00
900.00
1,350.00
��� \ � ._ ' _►. \ � ♦ �, U 1 �
ln compliance with this solicitation, the undersigned bidder, having examioed the bid documents,
instructions to bidders, documents associated with the iuvitation to bid, a�d being familiar with the
conditions to be met t�as reviewed the above information regarding:
• Suspension and Debarment Certification
• Texas Covernment Code Section 2252.152
• Texas Covernment Code Section 2271.002
• Teaas Governmcnt Code 2274
SU�3MiSSION INFORMATION
-' -'- �- _---...,. -..-:. :.�. ;...:.. ,.,,; .....,n�,����� �uu,� .��J�� ���c �vu�irvin� �v�uUii I'illlUll' tO t\CCUtC titl�
portion nt�i�� retult in bid rej�ctic�n.
THIS BID IS SUBMITTEll BY �o��,�/ ���r�� ,1..� a
corporation organized under the laws of the State of ��ir�'S , or a partncrship consisting af
or individual trading as of
the City of
Ta� ID No.: ' �� - l�O�,�`�7a
Address: �.��.iz �t/ �/?�/�r%
City:�ffl�p��T�'� State: Zip: Z�"jlo�
M/VIrBE Firm:� I Wonk�n 131ack Amencan N�ii�•c American
r-
�( ri�spa►uc Amcncan I I Asian PF1Ci�C Ai]iCiiGln � (ithc�rlCrrrif� l
Ylexse complete the information bclow.
�Y � ,ae��- Date ��.� ���5�
uthor�zed Represe�alive - mt�sr .�iK„ by hu�rcl
Officer Name and Tide '✓`�/P��iv�-��x� � �r�<<���
Business Telcphone Number ��%9'� ?Z/%/ FAX
F-mail Address: ��P_- �G
c�