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HomeMy WebLinkAboutResolution - 2022-R0009 - Contract 16118 with Powerhouse Lawn and LandscapeResolution No. 2022-R0009 Item No. 7.17 January 11, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Service Contract No. 16118 for the landscaping and lawn maintenance of the water treatment plants, by and between the City of Lubbock and PowerHouse Lawn and Landscape, of Wolfforth, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 11, 2022 �_jv DANIEL M. POPE, MAYOR A ST: 6�ih �Vv_ Rebecca Garza, City Secretary APPROVED AS TO CONTENT: C— P Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: RES.Contract 16118 Landscaping and Lawn Maintenance November 15, 2021 Resolution No. 2022-R0009 Contract 16118 City of Lubbock Contract for Landscape and Lawn Maintenance Water Treatment Plants THIS CONTRACT made and entered into this 11 th day of January , 2021, by and between the City of Lubbock ("City"), and PowerHouse Lawn and Landscape, LLC, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Landscape and Lawn Maintenance Water Treatment Plants 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 and Lawn Maintenance Water Treatment Plants. 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 and Lawn Maintenance Water Treatment Plants and more specifically referred to as Items one (1) and Items two (2) 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. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The 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. 4. Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City Council date of formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever is most appropriate for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be based on either the local or national index average rage for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 5. 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. 6. 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. 7. 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): TYPE OF INSURANCE GENERAL LIABILITY M Commercial General Liability ❑ Claims Made M Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements AUTOMOTIVE LIABILITY M Any Auto Owned Autos M POLLUTION M WORKERS COMPENSATION STATUTORY OCCUPATIONAL MEDICAL AND DISABILITY M EMPLOYERS' LIABILITY - MO RI JOTHER: COPIES OF ENDOSEMENTS ARE REQUIRED COMBINED SINGLE LIMIT General Aggregate Products -Comp. Op AGG Personal & Adv. Injury Contractual Liability Med Exp (Any one Person) Per Occurrence $1,000,000 X X_ X_ X $1,000,000 $1,000,000 500 000 $1,000,000 M City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases. M To include products of completed operations endorsement. M Waiver o subro ation in favor of the City o Lubbock on all coverages, except IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 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, 91h Floor Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 9. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 10. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 11. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of 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. 12. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 14. 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. 15. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 16. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 17. 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. 18. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. 19. This Contract consists of the following documents set forth herein; Invitation to Bid No. 22- 16118-YB, Specifications, and the Bid Form. -----INTENTIONALLY LEFT BLANK----- IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY CiZ4-"� Daniel M. Pope, Ma or ATTE T: Rebeccl Garza, ity Secretary APP OVED AS TO CO TENT: Au rey Sped Director Jf Water Utilities APPROVED AS TO FORM: Amy Si orne Lmff.c 7% Address City, State, Zip Code II. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shal I mean the City of Lubbock. 1Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. 2 Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. 3 Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. 4 Delivery Delay_ When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Director, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Director informed at all times of the status of the order. 5 Damage Assessment: Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Director to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. 6 Late Delivery Fee: The City will also have the option to charge the vendor a fee of $50.00 per vehicle per day for late delivery. Late fee applies when vendor has not requested and received prior written permission and approval from the ordering entity to make delivery after the number of days established by the contract or the purchase. 7 Packaeina: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address. (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g., box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 8 Delivery Time: Deliveries will be accepted only during receiving hours: 9:00 A.M. - 3:30 P.M., Monday through Friday, except on City holidays, at the designated location. 9 Damage: The City assumes no liability for goods delivered in damaged or unacceptable condition. The Seller must handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City. 10 No Warranty By The City Against Infringements: As part of the contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Seller will save The City harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. I 1 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 12 Shipment Under Reservation Prohibited: Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 13 Title & Risk Of Loss: The title and risk of loss of the goods shall not pass to the City until the City actually receives and takes possession of the goods at the point or points of delivery as provided herein. 14 No Replacement of Defective Tender: Every tender of delivery of goods must fully comply with all provisions of the contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach of the contract and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify the City of his intention to cure and may then make a conforming tender within the Contract time but not afterward. 15 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 16 Special Tools & Test Equipment: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filing this order, such special tooling or equipment and any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Seller as such. 17 Non -Arbitration: The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 18 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. The City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 19 Safety Warrant}: Seller warrants that the product sold to the City shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970 and/or any other governmental agency standards or regulations. In the event the product does not conform to each OSHA or other standards, Seller shall be in default hereunder, and the City may exercise and of the remedy provided for herein, including but not limited to return of the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by the City will be at the Seller's expense 20 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting them. 21 Vendor retrieval of Vehicles: Vendor shall remove noncompliant vehicles (s) form City premises within five working days after receiving written notification from the ordering entity. If vehicle is not removed by vendor within the five working days time frame, the city may arrange for vehicles to be removed and secured by a local towing and storage facility. Vendor will be responsible for payment of all related towing and storage charges. The City will not be responsible for payment of all related towing and storage charges. The City will not be responsible for liable for damage or loss of noncompliant vehicles with remain on City premises, or which are removed by towing company, five working days after vendor is notification. 22 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder. 23 Termination: the City may terminate the contract or purchase order in whole, or in part. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 24 Force Majeure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 25 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 26 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 27 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 28 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of the contract. 29 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 30 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result there from, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 31 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 32 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract. 33 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 34 Environmental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and • incorporate into project design energy efficient fixtures, appliances and mechanical equipment. 35 THE CITY RIGHT TO AUDIT 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. 36. CONTRACTOR ACKNOWLEDGES, Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 37. CONFIDENTIALITY 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. 38. INDEMNITY The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. ITB 21-16118-YB Landscape and Lawn Maintenance Water Treatment Plants Scope of work: The City of Lubbock is requesting bids from interested companies to enter into a service contract to preform Landscape and Lawn Maintenance activity for two locations for the City. These locations can view from Google Earth. These locations are Water Treatment at 6001 N Guava and South Water Treatment at 5114 E 1585 HWY. Successful contractor shall have ten (10) days from receipt of the Notice to proceed to commence contract maintenance activities. The Contract will be for twenty-two (22) cycles for a twelve (12) month period. Landscape and Lawn Maintenance: The contractor agrees that it shall preform the landscaping and mowing described. The frequency of work shall be determined by the Equipment Maintenance Supervisor or his Agent at each site. Anticipated Landscape and Lawn Frequencies (Estimate only of Schedule): The normal maintenance routine is one (1) cycle to two (2) cycles per month unless authorized by email/text/letter to the Contractor January -1 July - 2 February - 2 August - 2 March - 2 September - 2 April - 2 October - 2 May - 2 November - 2 June - 2 December - 1 Normal Maintenance: Normal maintenance includes care and cutting back of perennials, tree/shrubs, trimming vines, roses, deadheading plants / trees, tree trimming, weeding removal, beds cleaning, watering, ground cover, cutting native grasses, care for various other plants, flowers, debris, sidewalk edging and blowing off walkways. Maintenance will carry through all four (4) seasons spring, summer, fall and winter. The areas to be serviced for each site include all right of ways adjoining the site and to the centerline adjoining the site, and extending to the curb into all allies/streets/parking area. Contractor is responsible for safe and careful operation of their equipment. This includes around buildings, equipment, vehicles, and buildings structures to prevent damage. Plant Replacement Funds: This Contract will include set funds for the replacement of plants, trees, etc. and the installation of these items. This section also cover the work provided by the contractor for the care of IE: irrigation repairs to sprinkler heads, main lines, and soaker hoses and sub irrigation. Flowers, perennials, roses, trees /tree lines, ground cover, bedding, mulch replacement, irrigation repairs etc. will be done after an estimate has been approved in writing by both parties. Pictures of before and after will be required as well as time marked. This work will be performed at an hourly rate $---.00 per person per hour by the contractor and will be pre -approved. Not to exceed the funds set aside in this contract for plant replacement fee's and repair service fees. Plant Warranty: Plant warranty will apply when a warranty has been established for a new plants, trees or other vegetation. This warranty will be in writing from the plant supplier or the contractor. Lawn 1.1 Mowing: Lawn/Turf shall be cut at a height of one and one-half (1 'h) to two (2) inches and no higher than three (3) inches, at the discretion of the Maintenance Supervisor or his Agent in writing IE: email or text message. Clippings shall not be bagged and placed in dumpster. All hand scraps shall be cleaned after each service. No clumps or windrows of grass shall be left by the mowers. Mowing equipment shall be a shredder, reel or a full flotation rotary mower that will not leave ruts or tracks on lawn and shall be approved by the Equipment Maintenance Supervisor or his Agent. Mulching blades may be used at the discretion of the Equipment Maintenance Supervisor or Agent. 1.2 Edging: All sidewalks, manhole, vaults, building, tanks, and plant structures shall be edged to a depth of one (1) inch or to the uniform height of plant cut and shall be performed concurrently with current mowing operations. String trimmers or curb dressers may be used for edging. 1.3 Fence lines: All fence lines shall be clear of grass, weeds, trees, vines and vegetation. Chemical weed eating is acceptable on fence lines, sidewalks and parking lots also, exception to the chemical weeding are no chemicals used around clear -well and potable water storage tanks. 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, sidewalks, curbs, and equipment. Care must be taken not to destroy other plants. All surfaces, streets, fence lines and areas must be kept free of grass, weeds and debris. This task must be completed during the same mowing cycle as the mowing is performed. 1.5 Litter or Debris: The Contractor shall realize that litter or debris may accumulate prior to mowing with no fault to either party. The contractor shall remove all trash or debris before mowing/shredding. Contractor shall instruct mower operators to police sites to prevent dangerous or unsightly conditions. Litter and Debris removal shall be performed prior to mowing and concurrently with other maintenance operations. Exceptions to liter removal contractor must contact Supervisor. 1.6 Disposal: Contractor shall be responsible for the disposal of litter and debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No Litter or Debris shall be disposed of in Residential dumpsters or of those belonging to Commercial Businesses. 1.7 Weed Control: Emergent may be applied as needed to control any weed growth as needed to eliminate weed growth on sidewalks, fence lines, curbs, vaults, general ground, drive ways, sidewalks and ramps. (No emergent can be used around potable water storage tanks) 1.8 Fence lines: Weeds on the outside of the fence lines will be mowed to a width of six (6) inches to one (1) foot where applicable. A six (6) inch or one (1) foot zone inside and outside the fence line will be maintained with no plants, no grasses, vegetation and no weeds is acceptable. 1.9 Clean up: All work shall be cleaned up and waste material removed from the site. No equipment shall be left at neighborhood sites and all material shall be removed from the job site the same day of mowing unless arrangements have been made. 1.10 Plant Replacement: This section cover the plants replacement IE: flowers, scrubs, trees, ground cover etc. The replacement of vegetation will be scheduled with the contract Supervisor or Agent and the contractor in writing with an estimate work sheet prior to beginning work. Provided a cost estimate sheet that has been approved by the contract owner and contractor. 1.11 Rock Garden areas: South Water Treatment, Soil buildup between rocks to be keep minimum less than three eights (3/8) to one (1) inch of soil/blow sand. The buildup around the rocks in the rock garden should not exceed one (1) inch in and around the rocks. 1.12 Safety: Is the contractor's responsibility for his work, equipment and his employees. 1.13 Drought: is a prolong shortage in the water supply/atmospheric conditions that effect the growing cycle of lawns, plants and vegetation. During these events the care for gardens and lawns will change. The City reserves the right to reduce the number of estimated cycles needed for the care of garden and lawn care during this period of time. Guidelines: 1. All the lawns will be mowed with some type of power mowing equipment such as a power mower, a tractor or shredder. 2. All sidewalks, reservoir, clear wells, curbs, valve boxes and fence lines must be edged with a line trimmer or an edger. 3. All valve box tops and sidewalks will be swept/blown or cleaned -off after all mowing is completed. 4. Properties must be cleaned of paper, papers, boxes, plastic bags and other trash before mowing or ground care begins. 5. After each cycle, yard/gardens must be inspected and approved by a City employee before payment is made. Matt Kerley, Water Systems Supervisor (806) 775-2624 O.L. Plymell, Water Util. Maint. Foreman (806) 775-3212 or (806) 319-3266 6. Contractor will be contacted by a City employee when work sites need mowing and maintenance. 7. Bidder is required personally to inspect the property, prior to submitting a bid. Bidder will be required to sign off on a prior inspection form. By not inspecting each property and signing off on the Inspection form. The City reserves the right void any bid submitted. 8. The Contractor business must be within fifty (50) miles of Lubbock or have an established work establishment's located work address within Lubbock County or suburbs. 9. All work is schedule driven; therefore, the Contractor's work force and equipment needed for the contract will be their responsibility. 10. Contract Changes IE. Site modifications may need to be made during the twelve (12) month contract term. These changes must be made with Contract Management management's approval. 11. This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 12. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. When consent is given, the Contractor insurance will prevail. The Subcontractor will provide proof of insurance that complies with a contract Insurance requirements, this provision shall control. 13. Invoicing: Every thirty (30) days or after each rotation cycle. Invoices will include the day of the work, work location, and the work performed at each site. Invoices will include Contract number, Invoice numbers and Insurance expiration date and the number of cycles preformed IE: 1 of 5, 2 of 5 etc. for entire contract at each site. 14. The city representative requests that any bid received is based on the fact that the bidder has accomplished a site survey of the properties and they accept the bid specifications as proper. The contractor will issue their employees, photo identity cards to be worn in the open at all times while they are on city property. This photo identity card should be worn while on city property. The contractors and their employees shall call the city water department control room at 775-3416 and let them know of their arrival and departure from the city property. Exhibits: North Water Treatment Exhibit -1-2 & 3 South Water Treatment Exhibit -4 & 5 1.0 City of Lubbock ITB 21-16118-YB Landscape and Lawn Maintenance Water Treatment Plants Specifications MAINTENANCE STANDARDS 1.1 General: Successful contractor shall have ten (10) days from receipt of the Notice to Proceed to commence contract maintenance activities. The Contractor shall be notified of the City's decision by letter. 1.1.1 The areas to be serviced for the site include all rights of way adjoining the site and extending 2 feet from back of curb into all streets. 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 the aquatic life and plant beds. Maintain a 5-foot buffer of undisturbed natural vegetation between the disturbed portions of your site and the Playa Lake. 1.1.2 Contractor shall provide a maintenance schedule to the Water Treatment Plant Department within fifteen (15) days from the date of Award of Contract and will notify the Water Treatment Representative or his/her Agent of any changes in the schedule prior to the schedule change. 1.2 Mowing: Turf shall be cut at a height of 4 inches. Clippings shall be mulched or bagged and all hardscapes shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be determined by site conditions and shall be approved by the Water Treatment Representative. 1.2.1 ANTICIPATED MOWING FREQUENCIES: January 1 May February 2 June March 2 July April 2 August 2 September 2 2 October 2 2 November 2 2 December 1 1.3 Edging: Street curb and drainage channel edging shall be accomplished the same day as mowing, 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. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. This task must be completed the same day the mowing is performed. 1.5 Litter & Debris: All litter and other types of debris such as trash, motor vehicle parts, rocks, gravel, and dirt, shall be removed by the contractor. Hard surface areas shall be swept. Clippings and trimmings may not be blown into the street as a means of disposal. 1.6 Disposal: Contractor shall be responsible for the disposal of litter and debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. All recyclable items should be separated and recycled at any of the City's recycle centers. No litter or debris shall be disposed of in residential dumpsters or of those belonging to commercial businesses. 1.7 Photographic record (before/after): Contractor shall take a minimum of five (5) photos at various locations around the perimeter of the detention basin for each mowing frequency. The photos shall be taken prior to commencement of any work and then after all work is completed. Photos shall be delivered to the Water Treatment Representative or his/her Agent no later than 5 days after all work is completed. Exhibit 1 5 �-"Gravel Plan 0 Exhibit 2 REFERENCE NOTES SCHEDULE Exhibit 3 SYMBOL DE5C� y CIL DETAIL CONCRETE RADIUS BENCH 6-Ff3 3 Item N: 324 1008 SYMBOL DE5CRIPTION CIn' DETAIL 3000 p5i concrete border. 4- deep 369 sf PLANT SCHEDULE T1tEE5 CIN BOTANICAL NANIE / COMMON NAME CONT 2 ChAopsis hneans ' Bubba' / Bubba Desc,r. Wdla" 30 gar 6 Lagcrstroenua x Natchez' / Wh•te Crape Myrtle Multi Trunk 15 gal O 1 CIuercus 5humarda / 5humard Red Oak 60 Ex Stu g I CIuercrrs virgmrarw / Live Oak I Vitex agrus-cactus /Chaste Trrr 30 30 gat SHRUBS CITY BOTANICAL NAME / COMMON NAME © 6 Caesalpm a Caesalpima gdliesu / Desert Bird of Paradise SIZE 5 gal O18 Dasylinon wheelers / Grey Desert Spoon 5 gal :� W 17 Delosperma nubigenum ' Yellow' / Yellow Ice plant .}• pot O28 DlrhOndra 5crrcca / 51111crical, ponysfout I gal 12 Hemerocalhs Y. -Readers Vision' / Ycllow Daylily 1 gzl }� 29 Hesperaloe parnflcra 'Yellow / Yellow Yucca 3 gal 0 77 Lantana x 'Confetti' / Confg;tti Lantana I gal O15 Leucophyllum frutescen5 ' Comparta' / Compact Texas Ranger 5 gal O12 Malvatn5cu5 dr,)mmrNrdn / TsJrk- s Cap 7 gat f'� 1�J 71 M h;enbergra capillans ' "al 11'115t' TM / Regal Mist MuhlY 39 al i 2 Opunba olhsrara / 5p neless Prickly Pear 5 gal /`� 0 1 1 Perovskia x' Lithe 5 re pi /Russian Sage 2 gal \� 52 Rhaphiolepr5 rndica 'Pinkie' / Ind,an Hawthorne 2 gal �J `r 32 Rosa ' Mcigalpio Red Drift 1 Red Drift Rose 2 gai I P. 5alm x sylve5tris .Ma Nr ht' Y g / May V Pub 531wa 3 gal 26 Sedum spectabile 'Autumn joy, / Statecrop I ga( ® 7 5parttvm Junceum / 5pani5h Broom 5 gal GROUND D COVER5 O Y BOTANICAL NAME / COMMON NAME CON i 4,746 5f Gravel Jartes Trail Mix / P E Jane's ira I Mix 5f 412 sf Gravel R ver Rork 4' -8 - 5izc / Rwer Rcrk s' C7 M 'w 0 0 �� �s G Ll ` cT� m v .ti 0 Cr or 0 �o CD V C. CD ID CL CD X .V a 0 W N (D N W 00 �o W C� n w A) J A� 00 p V, W CL .i V V crAc A. C Exhibit 5 CD O City of Lubbock, TX Purchasing and Contract Management Bid Submission Information In compliance with the Invitation to Bid, the undersigned Bidder having examined the Invitation to Bid, instructions to bidders, General Conditions of the Agreement, Specifications, and being familiar with the conditions to be met, hereby submits the following bid for furnishing the material, equipment, labor and everything necessary for providing the items listed and agrees to deliver said items at the locations and for the prices set forth on the bid form and/or the bid table associated with this bid. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid is by reference incorporated in this contract. Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre -Paid and Allowed Where applicable, delivery days are: Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or - none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 3 %, net 10 calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (tho bidder) agree that all termb, l ouditiuns, specifications, and pricing would apply? City of Lubbock ITB 21-16118-YB Landscape and Lawn Maintence Bid Form PowerHouse Landscape and Lawn, LLC of Wolfforth, TX Estimated Description Acres Cycle Unit Price Total Cost #0-1 South Water Treatment Plant 15 22 $870.00 $19,140.00 #0-2 North Water Treatment Plant 1 22 61.00 1,342.00 Total $20,482.00 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, West 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 Insurance Requirements I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. Suspension and Debarment Certification Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub-rccipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. The following definitions apply to this state statute: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. Vendor Acknowledgement In compliance with this solicitation, the undersigned bidder having examined the invitation to bid, instructions to bidderrs, documents associated with the invitation to bid, and being familiar with the conditions to be met, has reviewed the information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in bid rejection. ----Intentionally Left Blank------ Submission Information THIS BID IS SUBMITTED BY PowerHouse Lawn and Landscape LLC a corporation organized under the laws of the State of Texas of or individual trading as — the City of Lubbock Tax ID No.: 45-2512062 Address: 10025 cr 7300 City: wolfforth State: Tx M/WBE Firm: or a partnership consisting of Zip. 79382 Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) below. Date: m 10/12/2021 -v • •• ... ,. „. �yr� - iicu�c atx1t uy rluicu Officer Name and Title. C is Hafer / Managing Member Business Telephone Number 806.928.2287 FAX: E-mail Address. Chris@phfpl.com City of Lubbock Water Treatment Plants Bid Tabulation ITB 21-16118-YB Landscape and Lawn Maintenance Estimated Total Cycle Extended Vendor/Description Location Acres Cycle Unit Cost Cost Cost #0-1 - South Water Treatment Plant PowerHouse Lawn and Landscape Lubbock, TX 15 22 $870.00 $19,140.00 $20,482.00 Erlys Janitorial Services Lubbock, TX 15 22 900.00 19,800.00 23,540.00 Center Point Shallowater, TX 15 22 1,725.00 37,950.00 58,300.00 #0-2 - North Water Treatment Plant PowerHouse Lawn and Landscape Lubbock, TX 1 22 61.00 1,342.00 Erlys Janitorial Services Lubbock, TX 1 22 170.00 3,740.00 Center Point Shallowater, TX 1 22 925.00 20,350.00 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-831121 PowerHouse Lawn and Landscape Wolfforth, TX United States Date Filed: 12/09/2021 2 Name of governmental entity or state agency that is a party to the contract for whic t e form is being filed. City of Lubbock Date Acknowledged: 12/09/2021 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 21-16118 Water Treatment Plant Landscape Maintenance 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary City of Lubbock Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 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 V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 it 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. 2021-831121 PowerHouse Lawn and Landscape Wolfforth, TX United States Date piled: 12/09/2021 2 Name of governmental entity or state agency that Is a party to the contract for which the forms being filed. City of Lubbock ]Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 21-16118 Water Treatment Plant Landscape Maintenance 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary City of Lubbock Lubbock, TX United States X 5 Check only if there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION /1 / My name is TT�, and m — �� �-� ( S /--,��i(� y date of birth is My address is �y li Z �/% 7;iy 4�f,7f ice— , _R, (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in WbhOc !C County, State of , on the day of �_, 20 Z (month) (year) Sid'natureafauifiorized ent contracting business entity (Dectarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.19105cdc