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Resolution - 2014-R0265 - Contract - Ground Effects - Landscape Maintenance - 08/14/2014
RESOIIXTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock. is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11950 for landscape maintenance at the City of Lubbock: Cemetery, by and between the City of Lubbock and Ground Effects, and related documents. Said Contract is attached hereto and incorporated in this resolution as iffully set forth herein and sliall be included in the minutes of the City Council. Passed by the City Council on August 14, 2014 '15�Alll GI.F Z. ER'I SON, MAYOR ATTEST: _,4 , 5��' _ Re -cca Garza, City ecreta APPROVED AS TO CONTENT: Bill Howert , Assistant Ci anager APPROVED AS TO I elll�atte ite, r1st Assistant City Attorney vw:ccdoc'sl1tl:S.Coiitr,ict-Ground Effects July 18, 2014 Contract 11950 City of Lubbock, TX Contract for Services Landscape Maintenance at the City of Lubbock Cemetery THIS CONTRACT made and entered into this 141h day of August, 2014, by and between the City of Lubbock ("City"), and Ground Effects, of Lubbock, TX, ("Contractor"). WHEREAS, the City of Lubbock duly advertised for bids for Landscape Maintenance at the City of Lubbock Cemetery 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 Landscape Maintenance at the City of Lubbock Cemetery. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Landscape Maintenance at the City of Lubbock Cemetery and more specifically referred to as alternate one 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 Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one year, with the option of four, one 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. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a 30 day written notice. 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. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT General Liability Commercial General Liability $500,000 General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability $500,000 Combined Single Limit Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and Non -Contributory basis on Auto/General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 7. 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. 8. 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. 9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 10. 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. 11. 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. 12. This Contract consists of the following documents set forth herein; Invitation to Bid No. 14- 11950 -TF, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCI Glee', Mayor ATTEST: Re cca Garza, City Secreta APPROVED A TO CONT NT: Bill Ho rton, Assis[a t City Manage CONTRACTOR BY( l�/ll�-� Authorized Representative Allen Mclnbre, Owner/Ground Effects Print Name PO Box 64771 Address Lubbock,TX 79464 City, State, Zip Code City of Lubbock, TX ITB 14 -11950 -TF Landscape Maintenance at the City of Lubbock Cemetery Specifications 1. GENERAL 1.1 Successful Contractor must commence Work immediately upon execution of the Contract. The decision to end or suspend temporarily the maintenance season shall be made by the Owner's Representative or Agent(s). The Contractor shall be notified of the Owner's decision by letter. 1.1.1 The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all alleys adjoining the site, and extending street -ward including the curb and ending six (6) inches beyond lip of gutter. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color beds, hard surfaces, streets, playgrounds and handicap ramps. If conditions are not conducive to blowing, sweeping and picking up of maintenance debris shall be required for these areas 1.1.2 Contractor shall provide a maintenance schedule to the Cemetery within ten (10) days upon execution of the Contract and will notify the Owner's Representative or Agent(s) of any changes in the schedule prior to the schedule change. 1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Owner's Representative or Agent(s). Mowing frequency and height shall be determined by turf growth and occur up to once per calendar week or every seven (7) days, evenly spaced between Cycles. Clippings shall not be bagged, and all hard surfaces shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be reel mowers or turf type full flotation rotary mowers equipped with all turf tires and shall be approved by the Owner's Representative or Agent(s). Some specialty sites such as athletic fields, athletic facilities, and municipal facilities shall be mowed on specific times and days and of the week as determined by the Owner's Representative or Agent(s). All required unit work which includes mowing, edging, trim mowing, string trimming, and sweeping shall be 100% complete before commencing to another mowing site. Alternate mowing patterns are required every cycle to avoid turf damage. 1.2.1 TENTATIVE MAINTENANCE FREQUENCIES: January 0 July February 0 August March 1 September April 2 October May 4 November June 4 December 1.3 Edging: All sidewalks, curbed plant material beds, and game courts shall be edged to a depth of one inch and all non curbed plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed concurrently with mowing at each site. String trimmers or curb dressers may not be used for edging. Six (6) to eight (8) inch wide optional chemical edging only on chain link fence lines with turf on either side of the fence is permitted on Class B Parks. All jogging tracks shall be edged concurrently with mowing operations. Optional spraying of one (1) foot away from the tree(s) main trunk is also permitted to eliminate tree bark damage. S:PurchawlBid DocstrrB 1411950 -TF, Landscape Maintenance at the City of Lubbock Cemetery 1.3.1 Street curb and drainage channel edging shall be accomplished weekly and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Maintenance of drains and exposed playa lake shorelines due to evaporation or receding of the lake shall be the Contractor's responsibility. Trimming 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. 2. CEMETERY MAINTENANCE STANDARDS 2.1 Class B parkland maintenance standards apply to the City Cemetery except for the specific standards outlined in this section (Section 2.0). To the extent of any conflict, the provisions of this Section 2 shall control. 2.1.2 Mowing, edging, and trimming of Cemetery property shall be performed during a concurrent four-day time period (or less), unless the Cemetery Supervisor or his Agent approves a schedule change. 2.1.3 Cemetery mowing contract will consist of 25 maintenance Cycles. Mowing, edging, and trimming of Cemetery property shall be performed between 8:00 a.m. and 5:00 p.m. weekdays during a concurrent maximum four-day time period. Maintenance will not be performed on City holidays or weekends. Contractor requests for exceptions to this schedule must be made in writing by Contractor and approved by the Owner's Representative or Agent(s). 2.1.4 The areas of the Cemetery property to be serviced includes all rights of way adjoining the site and to the centerline of all alleys adjoining the property and extending a minimum of six (6) inches from the lip of the gutter of all streets with curb and gutter. 2.1.5 Contractor is responsible for safe and careful operation of mowing equipment around headstones, footstones, memorials, monuments, cemetery markers, facilities, funeral set-ups, trees, shrubs, utilities, all public art, and the irrigation system. 2.1.6 Contractor is responsible for preventing clippings from contaminating plant beds or providing an unsightly appearance, especially around the Cemetery Office. 2.1.7 It is the Contractor's responsibility to report any damage to the Owner's Representative or Agent(s) as soon as possible, but not exceeding twenty-four (24) hours from the time the damage occurred. 2.1.8 If damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at Contractor's own expense and to the approval of the Owner's Representative or Agent(s). Time required to repair damaged property shall be expedient and to the approval of the Owner's Representative or Agent(s). If the damage is not repaired in the agreed upon time period, the City may after forty-eight (48) hours notice from the Owner's Representative, proceed to repair the damage. The Contractor shall be held financially responsible for the repair work and the cost shall be deducted from the Contractor's payment. S:PurchasdBid Docs/rrB 14 -11950 -TF. Landscape Maintenance at the City of Lubbock Cemetery 2.1.9 Contractor will designate and make the Owner's Representative or Agent(s) aware of the Contractor's designated representative (crew supervisor). The Contractor's designated representative (crew supervisor) will be on the property during maintenance operations. Owner's Representative or Agent(s) must be able to access and contact the Contractor's designated representative (crew supervisor) during Contractor's maintenance operations. 2.2 Mowing: 2.2.1 Mowing commencement and conclusion shall be at the discretion of the Cemetery Supervisor or his Agent. 2.2.2 Mowing height shall be determined by turf growth, but may be adjusted as necessary at the discretion of the Cemetery Supervisor. Height shall be adjusted for final fieeze cut at the discretion of the Cemetery Supervisor or his Agent. 2.2.3 Clippings shall not be bagged and all hard surfaces shall be cleaned after each Cycle. Mowers shall leave no clumps or windrows of grass. 2.2.4 Mowing equipment shall be reel mowers or turf type full flotation rotary mowers and shall be approved by the Cemetery Supervisor or his Agent. 2.2.5 Turf within a 25 foot perimeter adjacent to the Cemetery Office Building and the entire turf perimeter of the Mausoleum Building must be mowed with a push mower. 2.2.6 Hard surfaces, sidewalks, and areas around the Cemetery Office and the mausoleum shall be cleaned with a broom or leaf -blower after each cycle. 2.3 Edging: 2.3.1 Cremation garden, Cemetery Office Building, the Mausoleum, sidewalks, and curbed plant material beds shall be edged to a depth of one inch. 2.3.2 All edging shall be performed concurrently with mowing on Cemetery property. 2.3.3 Contractor will use a "stick edger" or similar equipment per the Owner's Representative or Agent(s)' approval. String trimmer or curb dressing may not be used for these tasks. Chemical edging is not permitted. 2.3.4 Street curb edging shall be accomplished concurrently with mowing operations and all debris from this activity shall he removed the same day that the task is performed. Curb dressers may not be used for this task. 2.4 Trimming: 2.4.1 All string trimming must be done to achieve a height uniform with the mowing height. 2.4.2 Trimming must be performed around monuments (both flat and upright), plaques, trees, plant beds, buildings, signs, fences, adjoining alleys, and any other plants or structures. All hard surfaces, sidewalks, streets and parking areas must be kept free of grass, weeds and debris. This task must be completed the same day as the mowing is performed. 2.4.3 Except as provided herein, Contractor will string trim half of the Cemetery property each Cycle. The opposite half of the property shall be trimmed during the next mowing S:PurchaseBid Docs/rrn 14 -11950 -TF, Landscape Maintenance at the City of Lubbock Canctcry Cycle. The halfway point of the Cemetery shall be Euonymus Road creating east and west halves. The entire Cemetery property shall be trimmed on the initial Cycle of the spring growing season, as well as the week prior to the following occurrences: Easter Sunday, Memorial Day, Mother's Day, Father's Day, July 4'b, Labor Day and the final freeze cut of the mowing season. 2.4.4 Contractor will string trim the Cemetery Office and the areas between the office and the bordering monuments each mowing Cycle. Contractor will string trim the entire Cremation Garden area each mowing Cycle. Contractor will string trim the entire Mausoleum area. Contractor will string trim the entire area of Block 47 Baby Land each mowing Cycle. 2.5 Control of Work: 2.5.1 Funeral Services and Funeral Processions: The Contractor shall schedule and perform Work to enhance public use, ensure the safety of visitors to the Cemetery, and to restrict conflict, interference, or inconveniencing funeral services or funeral processions on the Cemetery property. Upon request, the Cemetery will provide the Contractor with the locations and rimes of pending funeral services 24 hours in advance of their occurrence. 2.5.2 Citizen Contact: The Contractor is granted the privilege of doing work on Cemetery property, but does not have exclusive use of the property. The Contractor shall take all precautions that his maintenance activities do not disturb funeral services or those visiting the Cemetery. Citizen contact with those involved with funeral services as well as with visitors to the Cemetery requires sensitivity and understanding. Contractor employees and agents should be aware of the location of the Cemetery office, and should politely instruct all citizens to direct inquiries there. Contractor employees should be aware of the Cemetery Office location. 2.5.3 Cemetery maintenance shop has restroom facilities for Contractor's employees' use. Restroom facilities at the Cemetery Business Office will not be used by Contractor's employees. 2.5.4 Contractor's employees will properly dispose of their beverage containers in a trashcan or dumpster. Contractor's employees will not dispose of their beverage containers on the Cemetery property. The Cemetery will not provide water for Contractor's employees. 2.5.5 Any litter, such as, but not limited to shredded real or artificial flowers, Styrofoam ornaments, or other grave adornments, created by the Contractor in the maintenance of the Cemetery property shall be picked -up and disposed of properly and to the satisfaction of the Owner's Representative or Agent(s). 2.2.6 Additive Option: Contractor will string trim the entire Cemetery property for each cycle S:PurchaseBid DocstrrB 14-11950•TF, Landscape Maintenance at the City of Lubbock Cemetery 4 3. ADDITIONAL TERMS AND CONDITIONS 3.1 Work: It is the intent for the Contractor to provide for completion in every detail the work described herein. The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to complete the work in accordance with specifications provided and terms of the contract. The attached "Overton Park Right of Way Maintenance Map" indicates the completed landscaped areas and the landscaped areas to be completed in the future. Bidders are to provide unit pricing that will be applied to landscaped areas as they are completed and accepted for maintenance. 3.2 Specification Change: During the term of the Contract, the City may change maintenance frequencies, thereby increasing or decreasing maintenance frequencies. Unit pricing will be used to determine cost adjustments. All changes shall be in writing. 3.3 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 City the opportunity to inspect the same. After inspection by the City, the Contractor shall not delay work pending a decision to be made by the City regarding the claim. Failure of the Contractor to give prompt written notice and afford the City the opportunity to inspect the condition, before it is disturbed, shall be deemed a waiver by the Contractor of all claims and extra compensation arising out of the alleged condition. If the City determines that the Contractor is entitled to extra compensation by reason of increased expense to the Contractor and caused by the condition, and finds that the condition requires work not covered in the contract, a change order may be executed for additional compensation which shall be agreed upon by all parties involved. Additional time may be granted if the City deems additional time is necessary to accomplish the job. No change order or combination of change orders shall exceed twenty-five percent (25%) of the total contract. 3.4 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 maintenance sites and all material removed from the job shall beat the Contractor's expense. If materials or waste are not removed from the site, written notification from the Agent shall be delivered to the Contractor. The Contractor shall have forty-eight (48) hours to remove the material in question. If the material in question is not removed in the forty-eight (48) hour period, the City shall remove the material and the Contractor shall be charged for the expense. Payment to the city for said expenses shall be deducted for the Contractor's payment. If such conditions continue, the contract may be terminated due to breach of contract. 3.5 Preservation and Restoration of Property: The Contractor is responsible for the preservation of all City owned and adjacent property owner lands exposed which the Contractor may come into contact with. 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. his Agent 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 their own expense. Time required to repair damaged property shall be expedient and to the approval of the Owner's Representative or his Agent. 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 or his Agent, 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. STurchaseBid Docs/rM 1411950 -TF, Landscape Maintenance at the City of Lubbock Cemetery 5 3.6 Equipment: The Contractor shall provide everything necessary to fulfill the requirements of this contract. All equipment shall meet all applicable Federal, State and Local laws and regulations. Contractor's equipment is subject to inspection and approval of the Owner's Representative or his Agent. 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 his Agent deems the equipment faulty or if the equipment is damaging the turf or other surfacing materials in anyway, the Contractor shall remove the equipment from the premises. Contractor shall not impede other grounds maintenance operations during the course of those maintenance operations. 3.7 Service Boundaries: The service area may be bounded by hard surfacing materials, sidewalks, or non -curbed turf areas. The successful bidder shall be responsible for all areas defined by turf or hard surfacing. However, the successful bidder is not responsible for edging of un -curbed turf. Although the mowing contractors are required to operate mowing equipment in a manner that directs the clippings away from plant beds, the nature of mowing equipment will at times allow some clipping debris to drop into planting areas. Clipping debris in the beds or grass plants that become established are the responsibility of the successful flower and shrub bed contractor and shall be removed as a part of the ongoing maintenance of the bed areas. 3.8 Termination of Contract: This contract shall remain in effect until the expiration date for performance of services ordered. Termination of either party requires a thirty (30) day written notice 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 highest ranking contractor. 4. CONTROL OF WORK 4.1 Authority of the Owner's Representative: It is understood by all parties that the work is to be done to the satisfaction of the Owner's Representative or his authorized agent(s). The Owner's Representative shall interpret all specifications, and shall determine the acceptability of all work. The Owner's Representative shall decide the classification, quality, and amount of all work done and shall determine the amounts to be paid under the contract. The Owner's Representative shall be the sole administrator of claims and his decision shall be final, conclusive and binding on all parties. 4.2 Authority of the Agent: The Owner's Representative may appoint an Agent or Agents to serve as an inspector. The Agent(s) shall be allowed to inspect all work at any time. The Agent shall not be allowed to alter, revise, add, or delete anything from the contract or specifications. An Agents duty shall include keeping the Owner's Representative notified as to the progress of the job and the procedures involved in completing the job. The Agent shall call to the attention of the Owner's Representative and the Contractor any deviation of contract or specifications, but failure of the Agent or of the Owner's Representative to call to the attention of the Contractor any deviation of the contract or specifications shall not constitute acceptance of said work. The Agent shall have the authority to suspend any work pending a decision by the Owner's Representative. 4.3 Extra Work: Extra work being done by the Contractor without authorization through change orders, or work which is not shown on the contract or specifications, shall be considered as unauthorized work; and if performed shall be at the risk of the Contractor. The Owner's Representative reserves all rights to refuse payment for such work. 4.4 Unauthorized Work: All work and/or materials which do not conform to the contract and specifications, and work done contrary to written instructions of the Agent or Owner's Representative shall be done at the expense of the Contractor. The Contractor may be ordered S:Purchase/Bid Qocs/rIM 14 -11950 -TF, Landscape Maintenance at the City of Lubbock Cemetery 6 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. 4.5 Final Inspection: Final Inspection of the site shall take place by the Owner's Representative or his appointed Agent as soon as possible after the completion of the project. If the project is completed in cycles, the project shall be inspected after each cycle by the Agent. The Contractor shall be allowed to be present at the examination. If the inspection reveals any defective work, the Owner's Representative or his Agent may require the work to be remedied before final acceptance is granted. All said remedies shall be at the expense of the Contractor. 4.6 Laws and Regulations: The Contractor and any subcontractor(s) shall at all times comply with all local, county, state and federal laws. The Contractor and his subcontractor shall abide by all Labor Laws observed by the State of Texas. The Contractor shall comply with all Federal, State and Local Environmental Protection Laws, and regulations. The Contractor shall comply with all applicable Federal, State and local laws and regulations regarding pollution of rivers, lakes, streams and other waters. The Contractor shall store, handle, use and dispose of chemicals, fuels, oils, greases and other materials in a manner that prevents them from entering surface or ground waters. Upon receipt of notice of noncompliance of environmental protection provisions, the Contractor shall take immediate corrective action at the Contractor's expense. If the Contractor fails or refuses to immediately take corrective action, the City may issue an order stopping all or part of the work until satisfactory corrective action has been taken. 4.6.1 Prior to any application of chemicals, the Contractor shall request, in writing, approval from the Owner's Representative or his Agent. The request shall include the target pest and the type of chemical(s) to be used. If permission is granted, all applications shall be performed through a Licensed Applicator, licensed by the Texas Structural Pest Control Board. Upon completion of the operation, the Contractor shall provide to the Owner's Representative or his Agent, a copy of the Pesticide Application Documentation that the Contractor records pursuant to the requirements of the Structural Pest Control Board. 4.7 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. 4.8 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 to arrange for maintenance schedule adjustments as may be required. The Owner's Representative or his Agent will attempt to notify the contractor forty-eight hours prior to an event that requires flower or shrub bed maintenance schedule adjustments. 4.9 Citizen Contact: The Contractor is granted the privilege of doing work on City owned property, but does not have exclusive use of the property and must respect the activities of patrons while doing work on City owned property. The Contractor shall take all precautions necessary to insure that adjacent property owners are not disturbed. Should a Contractor's worker be contacted by a citizen visiting the property they are maintaining, proper assistance shall be given to the citizen. Should the worker not know the answer to the citizen's question, the worker should know whom to refer the citizen to. The City shall provide a list of City representatives and phone numbers for various City functions. The Contractor shall provide employees with this information and insure that each crew has this infonnation available. 4.10 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 STurchase/Bid Docs/nD 1411950 TF, Landscape Maintenance at the City of Lubbock Cemetery 7 name badge for identification, either clip on or incorporated with a uniform. This identification shall be worn at all times that the employee is at the job site. The Contractor shall provide uniforms of a different color than City 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 City property. 4.10.1 The Contractor shall prohibit the use of intoxicating substances by its drivers and crewmembers while on duty or in the course of performing their duties under this Contract. 4.10.2 Employees driving the Contractor's vehicles shall at all times possess and cant' a valid State of Texas Drivers License appropriate for the weight and type of vehicle being driven. Contractors are specifically required to ensure that a Texas Commercial Drivers License is obtained where applicable for the type(s) of vehicles in use. 4.10.3 The Contractor's employees, officers, agents and Subcontractors shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees of the City of Lubbock. 4.11 Safety: The Contractor is responsible for maintaining a safety program that insures compliance with all current requirements of the Federal Occupational Safety and Health Act of 1970. The Contractor is responsible for safety on the project site and the City shall take no action to interfere with the Contractor's safety program. Failure to maintain compliance with this act shall be grounds for termination of the contract. 5. CONTRACT TERM 5.1 The contract shall be for a term of one year, with the option of four, one 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. 6. PROSECUTION AND PROGRESS OF WORK 6.1 Weather: Weather will affect the progress of grounds 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 Agent at the beginning of the next workday. 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 Agent or Owner's Representative 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 Agent or Owner's Representative shall not in any way allow the Contractor to find grounds for adjustments in contract time or provide for extra compensation. 6.2 Character of Work: All workers, supervisors, managers, and subcontractor(s) employed by the Contractor shall be competent and careful workers skilled in their respective trades. The Owner's Representative or his Agent may remove from the work site any person employed by the Contractor who does not represent the City in a professional manner or does not follow the instructions given to him. If any person misconducts their self, is incompetent, or negligent in the performance of their duties, they may be removed from the work site and shall not return until the Contractor receives written consent from the City's Representative. Should the S:Purchaselnid Docs/rrB 1411950 -TF, Landscape Maintenance at the City of Lubbock Canctery 8 Contractor continue to employ such individual to continue work under this contract, the City reserves the right to withhold payment and/or nullify the contract. 6.3 Assigning or Subletting the Contract: 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. 6.4 Payment: The Contractor shall receive compensation for services provided for in the contract on a monthly basis. Upon the end of each month during the period from April through October of each year during the contract period; the contractor shall submit an invoice for the "seasonal" monthly rate; and upon the end of each month during the period from November through March, the contractor shall submit an invoice for the "off-season" monthly rate according to the price sheet submitted by Contractor during the bidding process. The monthly invoices shall be itemized by tract. Any Extra Work authorized and completed during the month shall be shown on the same monthly invoice and identified as "Extra Work." Extra Work billing should designate hourly labor cost, parts/materials costs and a description of the work performed. 7. PAYMENT WITHHELD 7.1 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 7.1.1 Unsatisfactory progress of the Work not caused by condition beyond the Contractor's control; 7.1.2 Defective Work not corrected; 7.1.3 Contractor's failures to cant' out instructions or orders of the City or his (its) representatives; 7.1.4 A reasonable doubt that the contract can be completed for the balance then unpaid; 7.1.5 Execution of Work not in accordance with the contract documents; 7.1.6 Claim filed by or against the Contractor or reasonable evidence indicating probable filing of claims; 7.1.7 Failure of the Contractor to make payments to subcontractor for material or labor; 7.1.8 Damage to another Contractor, 7.1.9 Unsafe working conditions allowed persisting by the Contractor; 7.1.10 Failure of the Contractor to provide work schedules as required by the City; 7.1.11 Use of subcontractors without City's approval. 7.2 When the above grounds are removed, payment shall be made for amounts withheld because of them, and City shall never be liable for interest on any delayed or late payment. S:Purchasdnid Docs/rrB 14 -11950 -TF, Landscape Maintcnancc at the City of Lubbock Cemetery 9 8. CONTRACTOR DEFAULT OWNER'S RIGHT TO SUSPEND WORK AND ANNUAL CONTRACT 8.1 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: 8.1.1 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; 8.1.2 Substantial evidences that the progress of the Work being made by the Contractor is insufficient to complete the Work within the specified working time; 8.1.3 Failure of the Contractor to provide sufficient and proper equipment, materials or construction forces or properly executing the Work; 8.1.4 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; 8.1.5 Substantial evidences that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work; 8.1.6 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; 8.1.7 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; 8.1.8 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; 8.1.9 Repeated violations of safe working procedures; 8.2 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. 9. FINAL INSPECTION 9.1 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. 10. A map of the City of Lubbock Cemetery is attached. &PurchaselBid DocsrffB 1411950 -TF, Landscape Maintenance at the City of Lubbock Cemetery 10 a CITY OF LUBBOCK CEMETERY F1 = -�,F IF 1 29 Legend * Entranse 43 Hemlan C. Wallas Grave Bile ♦ Umleul Mgal Sterne N Joseph f.11nigpl Grave sbe • Buddy HI Site I;; naso. slMua f George Mtlrow Davie Jr. Memorial T, Paul W. Hope am" She ConlntleMe Monumem * Cresulon Gartlan t Cnngmesmmsl Medal el Henm � Bess HubbaN stere Memorial ... Marrs Motorman • Cowboy Jenkin Grave Site Bible Monument psi Vivmn T. Cooke Bab,M.WG.WG — ` - Day satue Y m 42 �po4] p� 4] @ SF<C SEC 1 SEC GM .row SFC 3 SEC 5 SEGO [x Legend * Entranse ♦ Hemlan C. Wallas Grave Bile ♦ Umleul Mgal Sterne ■ Joseph f.11nigpl Grave sbe • Buddy HI Site I;; naso. slMua f George Mtlrow Davie Jr. Memorial T, Paul W. Hope am" She ConlntleMe Monumem * Cresulon Gartlan t Cnngmesmmsl Medal el Henm � Bess HubbaN stere Memorial ... Marrs Motorman • Cowboy Jenkin Grave Site Bible Monument Vivmn T. Cooke Bab,M.WG.WG — - Day satue 4D as 3) 32 C 31 F- *1 F --1 F:�—] E A] 16 vicevnu 5] BNBY WD UNDEVF30P® 4 SCCfi E� C © 13 >Y 6 61 F2 U @[77 \� 6.3 33 P.O. BOX 2000 -2011 E_ 31st ST Lubbock, Texas ]945] Phone # (806)767-22]0 - Fax # (806)]62-286] http:y/cemeWq.d.lubbock.bcus/ N UNDEVELOPED L UNDEVELOPED y S 52 1B 19 31 W 49 48 50 51 J ❑rMP I 23 za �I City of, nut REVISED BID FORM Landscape Maintenance at the City of Lubbock Cemetery City of Lubbock, TX ITB 14 -11950 -TF In compliance with the Invitation to Bid 14-11950.TF, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with die conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, attentions or form, conditional alternate bids, additions or alternates in lien of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 14.11950.TF is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Base Bid: 'PRICE: F.O.B. Destination, Freight Pre-Peld and Allowed Unless otherwise specified herein, the City may award the bid either item -by -tem or on an ull-or-none basis for any item or group of items shown on the hid. The City of Lubbock is seeking a contract for Landscape Maintenance at the City of Lubbock Cemetery with one or more contractom. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, If multiple awards are in the best interest ofthe City. A decision to make a multiple award of this Bid, however, is as option rammed by the City, based on the needs of the City. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of _y.,nel_calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Foran, payment terms will be NET Tl IIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of waxptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after die date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than len days will not be considered. S'.P vhar✓'91a DeevIT0 I L119504F.Iwxl¢npe Maimewnu sl Oc C, ofl.ulxxxk Cemaery 3 QTY UNITOF MEASURE DESCRIPTION 'UNIT PRICE BID EXTENT I. 25 once City of Lubbock Cemetery, 2011 S 305.00 97,375.00 Lye a East 31 a Street, approximately mowinE/maintenmee with string 'n half property each c opposit the property. med during the next cycle, ass cified herein. Total Cost $ ITEM QTY (+/-) UNIT OF MEASURE DESCRIPTION -UNIT PRICE BID EXTENDED COST 25 Maintenance City of Lubbock Cemetery, 2011 S 4,514.00 S 112,850.00 Cycle East ala Street, approximately 160 acres, mowing/maimenance with string trimming the entire cemetery property for each cycle, as specified herein. Total Cost S 112,650.00 'PRICE: F.O.B. Destination, Freight Pre-Peld and Allowed Unless otherwise specified herein, the City may award the bid either item -by -tem or on an ull-or-none basis for any item or group of items shown on the hid. The City of Lubbock is seeking a contract for Landscape Maintenance at the City of Lubbock Cemetery with one or more contractom. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, If multiple awards are in the best interest ofthe City. A decision to make a multiple award of this Bid, however, is as option rammed by the City, based on the needs of the City. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of _y.,nel_calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Foran, payment terms will be NET Tl IIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of waxptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after die date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than len days will not be considered. S'.P vhar✓'91a DeevIT0 I L119504F.Iwxl¢npe Maimewnu sl Oc C, ofl.ulxxxk Cemaery 3 REVISED MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged' anyone else, including its most favoured customer, for like quality and quantity of the productstservices; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. if at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Foran in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entitles that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES X NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contracts) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity wilt order their own materials/service as needed. THIS BID IS SUBMITTED BY Ground Effects a corporation organized under the laws of the State of Texas , or a partnership consisting of Ground Effects of the City of. Lubbock, TX or individual trading as Firm: Ground Effects Address: PO Box 64771 City: Lubbock State: Texas Zip 79464 Bidder acknowledges receipt of the following addenda: Addenda No. 1 Addenda No. Date 07/08/2014 Date M/WBE Finn Woman Hispanic American By Authorise Representative - must sign by hand Addenda No. Date Black American Natiw Asian Pacific American Other Addenda No. _ Date 07/1412014 Officer Name and Title: Allen McIntire, Owner Please Print Business Telephone Number (806)470-0057 FAX: (806)368-3179 E-mail Address: groundeffectslubbock@yahoo.com STurchase/Did Doc&=14-11950•TF, Landscape Maintenance at the City of Lubbock CemetM 4 REVISED FOR CITY USE ONLY Bid Forth Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. S:PmhawMid Doc&M WI 1950 -TF, Landscape Maintenance at the City of Lubbock Ccmetery