HomeMy WebLinkAboutResolution - 2024-R0112 - Contract 17826, With Incircle Management, Inc., City Of Lubbock Cemetery - 03/05/2024Resolution No. 2024-RO 112
Item No. 5.12
March 5, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execu:c
for and on behalf of the City of Lubbock, Contract No. 17826 ['0- Ccn,�;tcry Turf Maintenan:;e
Mowing Services, as per ITB 24-17826-YB, by and between i:ic City of Lubbock and Incircle
Management, Inc., of Westlake, Texas, and related docaiiAcnts. Said Contract is at1ac1-1Cd
hereto and incorporated in this resolution as if fully set forth herein and shall be includ. [ 1:1 ::1e
minutes of the City Council.
Passed by the City Council on
SHELIA PATTERSON HARRIS,
MAYOR PRO TEM
APPROVED AS TO CONTENT:
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Rachael Foster, JkssVstaLt City Attorney
ecdocsIURES.ScrviceContract 17826 Incircle Mina-cment, inc.
2.29.24
Resolution No. 2024-R0112
Contract 17826
City of Lubbock
Contract for
Cemetery Turf Maintenance Mowing Services
11 9 PS CONTRACT made and entered into this 5th day of March , 2024, by and between the
City of Lubbock ("City"), and Incircle Management, Inc. , ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Cemetery Turf Maintenance
Mowing Services 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 w\ cring the purchase
and delivery of the said Cemetery Turf Maintenance Mowing Services
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 Cit- 's siecifications and Contractor's bid, copies of which are attached
hereto and made part hereof, Contractor will deliver to the City, Cemetery Turf Maintenance
Mowing Services, and more specifically referred to as Items 1-1 through 1-6 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.
B) Further, if the Contractor can provide documentations 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 sale discretion, the contractual rate may be
further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate
at the end of the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the
Director of Purchasing and Contract Management written, quarterly documentation to justify the
ongoing adjustment. If no such documentation is timely received, the rate will automatically
revert to the initial, awarded rate.
7. This contract shall remain in effect until the first of the following occurs: (1) the expiration date,
(2) performance of services ordered, or (3) termination of by either party with a 30 day written
notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest
and best bidder as it deems to be in the best interest of the city.
8. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or hold
itself out as, an agent or representative of City. In no event shall Contractor be authorized to
enter into any agreement or undertaking for or on behalf of City.
9. Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed
Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named
underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall
furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE
NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE
SHALL HAVE BEEN DELIVERED TO THE CITY.
SECTION B. The City reserves the right to review the insurance requirements of this section during
the effective period of the contract and to require adjustment of insurance coverages and their limits
when deemed necessary and prudent by the City based upon changes in statutory law, court decisions,
or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as
are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration
of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by
companies approved by the State of Texas and acceptable to the City, in the following type(s) and
amount(s):
Commercial General Liability Requirements: $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 Emoloyer 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 ($1M) is required with Workers Compensation.
* The City of Lubbock (including its officials, employees wid volunteers) shall be afforded additional
insured status on a primary and non-contributory basis on all liability policies except professional
liabilities and workers' comp.
* Waivers of Subrogation are required for CGL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non- payment.
* Carriers must meet an A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above.
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City and all endorsements
thereto and may make any reasonable request iur deletion, revision, or modification of particular po:ICV
terms, conditions, limitations, or exclusions (except where policy provisions are established by I,-% oi-
regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon
such request by the City, the Contractor ,hall exercise reasonable efforts to accomplish such changes in
policy coverages, and shall pay the Co> )L thot c!of. Any costs will be paid by the Contractor.
REQLiIRED 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 Cite aim, 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 teens 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 h` the Contractor, the terms and conditions provided herein shall prevail.
The terms and conditions provided herein arc the final terms agreed upon by the parties, and any
prior conflicting terns shall be of' no 1'01-cL 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 ;oritracting 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.
IS. 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 gook 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 % cril ication 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 tern 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, bo\;;ott 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, daniages, 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 ovvned 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-
17826-YB, Specifications, and the Bid Form.
-----INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, OF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate,
CI 0 BOCK
SHFU A PATITRSON HARRIS,
MAYOR PRO TEM
An
Courtney Paz, City Se&reta V'
APPRID AS TO CONTENT:
Col t/Vn,Director of Parks and Recreation
I' -Ichael Foster) AASMAt City Attorney
CONTRACTOR
BY [s 3 �
Authorized Representati V16'
Print Name
Address
'7
0
City, State, Zip Code
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 LUBBOCK
Tray Payne, Mayor
ATTEST:
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
Colby VanGundy, Director of Parks and Recreation
APPROVED AS TO FORM:
Rachael Foster, Assistant City Attorney
CONTRACTOR
BY YYX
Authorized Representative
Y., & I - J Lt /J?
Print Name
Address
76/
City, State, Zip Code
City of Lubbock, TX
ITS 24-17826-YB
Cemetery Turf Maintenance Mowing Services
Specifications
Introduction / Intent
The City of Lubbock invites qualified and experienced turf maintenance contractors to submit bids to provide
turf maintenance services at the City of Lubbock Cemetery, located at 2011 East 31 st Street Lubbock, TX
79404. This historic cemetery, sprawling across 132 acres with over 60,000 headstones, holds immense
cultural and historical significance within the Lubbock community.
Interested contractors should possess relevant experience in turf maintenance services, demonstrate a
commitment to detail -oriented and respectful landscape care, and comply with all industry standards and
regulations. The City does not guarantee any specific amount of compensation, volume, minimum or
maximum amount of services under this contract. The City of Lubbock emphasizes the importance of
maintaining the Cemetery grounds with professionalism and sensitivity. We look forward to receiving your
bids and partnering with a contractor committed to excellence in turf maintenance services.
1. Specifications and Expectations
A. Contractor Responsibilities
• Contractor is responsible for safe and careful operation oP mo« ii3,r and u-tinming equipment
around headstones, footstones, memorials, monument metery markers, facilities, funeral
set-ups, trees, shrubs, utilities, all public art, and the irrigation system.
• Contractor is responsible for trimming and edging all rights -of -way, roads and alleys
throughout the entire Cemetery. All grasses and/or weeds from the centerline to the edge, or
beyond the curb, shall be trimmed.
• Contractor is responsible for blowing all clippings off of sidewalks. v, a111 «ways, parking lots,
rights -of -way, roads, alleys and around the Cemetery Office and Nlausolcum.
• Contractor is responsible for notifying the Cemetery Supervisor of the Contractor', deli treated
representative (crew supervisor). The Contractor's designated representative (crcw
supervisor) must be on the property during maintenance operations. The Cemetery
Supervisor, or a Cemetery representative, must be able to access and contact the Contractor's
designated representative (crew supervisor) during Contractor's maintenance operations.
Contractor is responsible for reporting any damage to the Cemetery Supervisor as soon
as possible, but not exceeding 24 hours from the time the 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 Contractor's own expense and to the approval of
the Cemetery Supervisor. Time required to repair damaged property shall be expedient and to
the approval of the Cemetery Supervisor. If the damage is not repaired in the agreed upon
time period, the City may (after a 48-hour notice) 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.
2. Mowing
• Mowing commencement and conclusion shall be at the discretion of the Cemetery Supervisor.
• Mowing height shall be between 2.5" to 3", but Contractor shall never cut more than 1/3" of
the blade.
• Mowing height shall be adjusted for final "freeze cut" at the discretion of the Cemetery
Supervisor.
• Mowing height may be adjusted as necessary at the discretion of the Cemetery Supervisor.
• Mowers shall leave no clumps or windrows of grass.
• The following areas shall be cut entirely with a push mower only each mowing cycle:
• Cemetery Main Office surrounds
• Mausoleum surrounds
3. Edging
• Cremation Gardens, Cemetery Main Office Building, the Mausoleum, all sidewalks, and all
street curbs shall be edged to a depth of 1 ".
• Contractor shall use a "stick edger" with blades or similar equipment approved by the
Cemetery Supervisor. String trimmers may not be used for these tasks. Chemical edging is
not permitted.
• All edging, including street curb/gutter, , edging, shall be accomplished concurrently with
mowing operations and all clippings from this activity shall be removed from hard surfaces
the same day that the task is performed.
4. Trimming
• All string trimming must be done to achieve a height uniform with the mowing height.
• Trimming must be performed around monuments/headstones (both flat and upright), plaques,
trees, plant beds, buildings, signs, fences, and any other plants or structures. All hard surfaces,
sidewalks, streets and parking areas must be kept free of grass, weeds and debris.
• Grass should be trimmed back (or edged) a minimum of 6" from the lip of the curb/gutter of
all streets with curb and gutter.
• All trimming shall be accomplished concurrently with mowing operations and all clippings
fiom this activity shall be removed from hard surfaces the same day that the task is perforn-ied.
• The following areas (small sections) shall be cut entirely with a string trimmer only each
snowing cycle:
• Both Cremation Garden areas
0 Block 47 Baby Land
5. Time and Schedule
Mowing, edging, and trimming of Cemetery property shall be performed between 8:00am and
5:00pm weekdays during a coacurrent maximum seven-day time period (meaning a cycle shall be
completed from start to finish in a 7-day window or less), and consist of up to a maximum of 20
cycles annually between the months of March and November. The City does not guarantee any
specific amount of compensation, volume, or minimum amount of services. The number of cycles
will be dependent upon weather, irrigation and drought conditions. Maintenance will not be
performed on City holidays or weekends. Contractor requests for exceptions to this schedule must
be made in writing and approved by the Cemetery Supervisor.
TENTATIVE MOWING FREQUENCIES:
January
0
July 2
February
0
August 2
March
2
September 2
April
3
October 3
May
2
November 2
June
2
December 0
6. Control of Work
A. Equipment
• Equipment shall include a minimum of three (3) zero turn mowers, two (2) push mowers, three
(3) string trimmers, two (2) edgers with blades and two (2) high-powered leaf blowers in good
working condition at all times.
• Decks for zero turn and riding mowers shall not exceed 60" so that thcy can pass safely through
the rows of monuments and headstones.
• Other larger equipment, such as a batwing mower, may be used to mop\ larer, open areas.
• An equipment evaluation may take place prior to awarding this contract. `This will require the
candidate 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.
7. Funeral Services / Funeral Processions
The Contractor shall schedule and perform work to enhance visitor experience, ensure the
safety of visitors and staff, and to restrict conflict, interference, or inconveniencing funeral
services or funeral processions on the Cemetery property.
• The Cemetery Supervisor can provide the Contractor with the locations and times of pending
funeral services at a minimum of 24 hours in advance of their occurrence so that the
Coii-xactor can maintain a respectful distance of 150 yards ( 450 feet) or more so that the
sound of equipment is minimal or cannot be heard.
8. Citizen Contact
• The Contractor shall take all precautions to ensure maintenance activities do not disturb
funeral services or those visiting the Cemetery. Contractor contact with those involved with
funeral services as well as with visitors to the Cemetery requires sensitivity and
understanding. Contractor employees should be aware of the location of the Cemetery
Main Office and should politely instruct all citizens to direct inquiries there.
9. Clippings
A leaf blower shall be used to clear all hard surfaces of clippings after each cycle. This includes
rights -of -way, roads, sidewalks, and surrounding areas around the Cemetery Main Office and the
Mausoleum.
10. 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 in dumpsters located at the Cemetery.
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 by the Contractor to the satisfaction of
the Cemetery Supervisor.
Contractor's employees will properly dispose of their trash, such as food and beverage
containers, in a trashcan or dumpster.
11. Restroom Use
The Cemetery Maintenance Shop has restroom facilities for Contracted employee use. Restroom
facilities at the Cemetery Main Office will not be available for use by Contractor's employees.
12. Approval and Invoicing
Upon completion of a cycle, the Cemetery Supervisor will inspect and determine if any other work
needs done to deem the cycle complete. Once the Cemetery Supervisor has approved the work, all
invoices are to be sent directly to:
City of Lubbock Cemetery
P. O. Box 2000
Lubbock, TX 79457
Or email to the Cemetery Supervisor: HWashinaton(a),mvlubbock.us
Exhibit A
i
• i
"i S
s� 1,+ert we�emwY+.,;aAY pl •14G YMP^
7
y.
e P
A� P 9 r X is
A t `�°�� e. Al - A�i«�- ���. Yin•+ .
wor
A
q � s;'dfl'il g a a PP0 .F J -� y Y i�., b._ �� Yq' •,,,�, ,J�
�. tP / P 6 f'.. a �. .:Y kl� • I P � �' 4 �n3f �..
> k P r,�' 131'q F0 71 j ,• � �
51Y yrP Yi } 1� M
g:. DPP •'! qt ._:. � �f 1Y.,
d r �
Y C, _e
� RnM+4r
a..! K
tr� `
0
i
r
^OD
V
m
m�J
--1
m
City of Lubbock, TX
Purchasing and Contract Management
Vendor Acknowledgement Form
In compliance with the Invitation to Bid, the undersigned Bidder having examined the invitation to Bid,
instructions to bidders, General Conditions of the Agreement, Specifications, and being familiar with the
conditions to be met, hereby submits the following bid for furnishing the material, C(_iuipment, labor and
everything necessary for providing the items listed and agrees to deliver said items at the locations and for the
prices set forth on the bid form and/or the bid table associated with this bid.
A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of
form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are
obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind.
The Invitation to Bid is by reference incorporated in this contract.
Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre -Paid and Allowed
Where applicable, delivery days are: Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -
none basis for any item or group of items shown on the bid.
The City of Lubbock is seeking a contract for with one or more contractors. In order to assure adequate
coverage, the City may make multiple awards, selecting multiple vendors to provide the products
desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of
this Bid, however, is an option reserved by the City, based on the needs of the City. IVIA
PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of %, net
calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated
on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within
thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later.
Discounts for prompt payment requiring payment by the City within a stipulated number of days will be
interpreted as aph' \ rag within the stipulated number of calendar days after the date of receipt by the City of a
correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later.
Discounts for par r,ont in less than ten days will not be considered.
MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price
charged anyone else, including its most favored customer, for like quality and quantity of the
products/services; does not include an element of profit on the sale in excess of that normally obtained by the
Bidder on the sale of products/services of like quality and quantity; and does not include any provision for
discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale
to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower
net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower
price(s) on all deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental
entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized
interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government
Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder
shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders
in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate
in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would
apply?
City of Lubbock
ITB 24-17826-YB
Cemetery Turf Maintenance
Mowing Services
Bid Form
Incircle Management Inc
Location
Westlake, TX
Total c'
$183,654.00
Approx.
Approx.
Maintenance
Annual
/Mowable
Maintenance
Maintenance
Acreage
Cycles
Cycle Unit
Extended
Item Description
{+l-)
(+l-)
Price
Cost
1 Area A Forsythia to West Entrance, Dogwood to North
35
20
Property Line - Per Specifications
$1,995.00
$69,825.00
2 Area B - Forsythia to Canyon Lake,' Drive, Dogwood
16.5
20
North to Property I ine - Per Sl, fir tt:ons
$990.00
$16,335.00
3 Area ( o,)d to Gallardiai. I o:s-}thia to Office, to
24
20
back Fence
$1,416.00
$33,984.00
4 Area D - Doge, ood to Gal l,irdia, ForsN 1i:a to Ca�i on
21
20
Lake Drive - Per Specifications
$1,239.00
$26,019.00
5 Ar i F - Gallardia to South Property Line, Forsythia
17.5
20
We,t to Office - Per Specifications
$1,050.00
$18,375.00
6 Area F - Gallardia to South Property Line, Forsythia to
18
20
East Property Line - Per Specifications
$1,062.00
$19,116.00
Other governmental entities that might have interests in this contract are Frenship Independent School
District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech
University, est Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO
If you (the bidder) checked YES, the following will apply:
Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of
Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s)
awarded as a result of this solicitation. All purchases by governmental entities other than the City of
Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City
of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity
will order their own materials/service as needed.
ADDENDA
Bidder acknowledges receipt of addenda issued in regard to this solicitation:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting
with or making sub -awards under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred. Covered transactions include procurement contracts for goods or
services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -
recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debar -red by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization
and its principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
CONTRACTOR ACKNOWLEDGEMENT
In compliance with this solicitation, the undersigned bidder, having examined the bid documents,
instructions to bidders, documents associated with the invitation to bid, and being familiar with the
conditions to be met has reviewed the above information regarding:
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
SUBMISSION INFORMATION
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in bid rejection.
THIS BID IS SUBMITTED BY :Z, c ` rG' � ti1 Q vet �C
a
corporation organized under the laws of the State of Te- K n-S or a partnership consisting of
the City of
Tax ID No.: 7S -:2-
Address:
City: weS��aK e
M/WBE Firm:I I Woman
0
Authorized
Officer Name and Titl
American
or individual trading as
State: TX Zip:_ 761 � �-
Black American
Asian Pacific American
Please complete the information below.
- must Sign by Band
N_echo Z_ 7-WA
A
Native American
Other (Snecifv)
Date: r
A -
Business Telephone Number r S Z�7 FAX:
E-mail Address: r n r c e v I c 2 � T srA
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
Complete Nos. 1- 4 and 6 If there are Interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no Interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2024-1129537
Incircle Management Inc
Col[eyville, TX United States
Date )wiled:
02/2812024
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify
description of the services, goods, or other property to he provided under the contract.
the contract, and provide a
ITB 24-17826-YB
Cemetery Turf Maintenance Mowing
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
%
My name is and my date of birth Is
My address is r J. i .. ,:., 5.
r.= , i
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing Is true and correct.
Executed In Y" F ; - - County, State of / ".0 x.. ti S on the
day of 1 20 X. .
(month) (year-)
r
Signature of authorized agent of contracting business entity
(0eclarant)
Forms provided by Texas Ethics Commission vrww.ethlcs.state.tx.us
Version V3.5.1.9000c47f
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2024-1129537
Incircle Management Inc
Colleyville, TX United States
Date Filed:
02/28/2024
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
02/29/2024
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
ITB 24-17826-YB
Cemetery Turf Maintenance Mowing
4
Name of Interested Parry
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.9000c47f