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HomeMy WebLinkAboutResolution - 2002-R0365 - Contract For Litter Collection For Sam Wahl Recreation Area. - 09/17/2002Resolution No. 2002-RO365 September 17, 2002 Item No. 44 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for litter collection at Sam Wahl Recreation Area - annual pricing, by and between the City of Lubbock and West Texas Centers for MHMR of Big Spring, 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 this 17th day of Septemberzj '4, 2002. C MCD(GAL. MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: V&Ibl 4 - ),d J A �4 Victor KilmanPurchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:/ccdocs/Contract-West TxCenters-MHMR.res September 4, 2002 Resolution No. 2002-RO365 September 17, 2002 Item No. 44 LITTER COLLECTION SERVICE CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK This contract, (the "Contract"), effective as of the 17' day of September, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas municipal corporation, and WEST TEXAS CENTERS FOR MHMR. ("Contractor"). WITNESSETH WHEREAS, the City desires to obtain the litter collection service at Sam Wahl Recreational Area; and WHEREAS, Contractor has a professional staff experienced and is qualified to provide litter collection service; and NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and Contractor hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of one (1) year from and after the Effective Date. The term may be extended for up to two (2) additional one (1) year terms with the written consent of both parties. ARTICLE II. COMPENSATION Compensation shall be based upon the number of cycles completed and quality of said litter collection service and shall be in accordance with Contractor's Bid Submittal Form, dated, August 12, 2002, attached hereto as Exhibit A. ARTICLE III. TERMINATION a. General. City may terminate this Contract, for any reason, upon thirty (30) days written notice to Contractor. b. Termination and Remedies. In the event Contractor breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. City or Contractor may, in its sole discretion, terminate this Agreement at any time, with or without cause upon thirty (30) days written notice. Litter Collection Service Contract Page 1 ARTICLE IV. REPRESENTATIONS AND WARRANTIES A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. Contractor has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in providing litter collection service, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to predictive maintenance services, as contemplated hereby. If any of the activities of Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. % ARTICLE V. SCOPE OF WORK ..';yy �,, Gf�W G�E�Ii Contractor shall provide litter collection services as specified in Bid No. 141-02, dated July 22, 2002, (hereinafter called the "Work"), attached hereto as Exhibit B. The Work shall be performed at the Sam Wahl Recreational Area at Lake Alan Henry. Contractor shall provide service on the days specified in the Work. Contractor shall provide all equipment, supplies, and transportation as specified in the Work. Each collection effort is defined as one "cycle" and includes: the trip to the property, the time spent to collect litter from the grounds, and the return trip. The City may, upon 30 days advance notice from City to vendor, reduce the number of cycles as needed. Areas to be serviced during each cycle include: all paved road rights -of -way, all unpaved roads and rights -of -way on the Recreational Area, all of the paved parking lot area and areas surrounding the parking lot, the boat ramp area, the fishing pier area, and all numbered camp sites (a total of 100 +/- numbered primitive sites). Contractor shall provide his/her own insurance, vehicle, crew and crew leader, trash bags, and tools used by the crew to pick up litter. Each crewmember and foreman shall wear a bright orange safety vest at all times while on the property. Contractor's vehicle must be clearly marked as belonging to the contractor. Contractor will perform service regardless of weather or road conditions on the scheduled day of service. During March through October service shall be performed on specified days of the week regardless of Federal, State, or Local holidays. During the period of the contract, the Contractor shall provide all the services described in the contract. The Contractor understands and agrees that this is a requirements contract and that the City shall have no obligation to the Contractor if no services are required. Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract. The amount is only an estimate and the Contractor understand and agrees that the Litter Collection Service Contract Page 2 City is under no obligation to the Contractor to buy any amount of the services as a result of having provided this estimate or of having any typicalor measurable requirement in the past. The Contractor further understands and agrees that the City may require services in an amount less than or in excess of the estimated annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. In making its bid hereunder, the Contractor expressly recognizes the rights of the City provided herein, and further recognizes that the Contractor shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. ARTICLE VI. INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. Contractor has the sole discretion to determine the manner in which the services are to be performed. ARTICLE VII. INSURANCE A. General. Contractor shall procure and carry, at its sole cost and expense through the life of this Contract insurance protection hereinafter specified, in form and substance satisfactory to the City. City must approve all policies prior to the commencement of any activities whether performed by Contractor, subcontractor, agents, or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas and have a Best's Financial rating of A: Vll. A Certificate of Insurance specifying each and all coverage shall be submitted to City prior to the execution of this Contract. All insurance shall be prepared and executed by the insurance company or it's authorized agents and shall contain an endorsement naming the City of Lubbock an additional insured. Written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. All insurance, shall provide a waiver of subrogation in favor of the City of Lubbock and shall contain cross liability and severability clauses. B. Required Coverage. Contractor shall obtain and maintain policies of insurance throughout the Contract term in limits specified below. 1. Worker's Compensation. Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least Five Hundred Thousand and no/100 Dollars ($500,000.00). 2. Commercial General Liability. Contractor shall maintain Commercial General Liability coverage endorsed to include premises/operations, contractual liability, independent contractors' and completed operations. The policy shall have a minimum of Three Hundred Twenty-five Thousand and no/100 Dollars ($325,000.00) combined single limit in the aggregate and per occurrence. 3. Commercial Automobile Liability. Contractor shall maintain Commercial Automobile Liability coverage with a minimum of Three Hundred Thousand and no/100 Dollars ($300,000.00) combined single for Bodily injury and Property Damage and shall include any auto or in the alternative, owned autos, non -owned autos and hired autos. C. Subcontractors. Contractor shall require each subcontractor with whom it contracts to provide activities as contemplated by this Contract, to obtain proof of insurance coverage as set Litter Collection Service Contract Page 3 forth herein, and to provide to Contractor, prior to such person performing any such activities, a Certificate of Insurance establishing such coverage. ARTICLE VIII. EMPLOYMENT OF AGENTS Contractor may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of Contractor under this Contract provided that Contractor is in no event relieved of any obligation under this Contract. Any such agents, contractors, or third parties retained and/or employed by Contractor shall be required to carry, for the protection and benefit of the City and Contractor and naming said third parties as additional insured's, insurance as described above in this Contract. ARTICLE IX. CONFIDENTIALITY 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. ARTICLE X. INDEMNITY City of Lubbock shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including 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, arising out of, or occasioned by, directly or indirectly, in whole or in part, the performance of Contractor under this agreement. ARTICLE XI. COMIPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XII. NOTICE A. General. Whenever notice from Contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand. (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery). or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Litter Collection Service Contract Page 4 are: B. Contractor's Address. Contractor's address and numbers for the purposes of notice Rodney Jones West Texas Centers for MHMR 501 Birdwell Lane Big Spring, TX 79720 (915-263-9795) C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock C/o Accounts Payable P. 0. Box 2000 162513th Street Lubbock, Texas 79457 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIII. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate the services provided by Contractor D. Assignability. Contractor may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. Litter Collection Service Contract Page 5 G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent Jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those -with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by Contractor and City. I. Entire Agreement. This Contract, including Exhibits A and B, contains the Entire Agreement between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. EXECUTED as of the Effective Date hereof. ATTEST: Reb6cca Garza, City Secretary APPROVED AS TO CONTENT: C�e�./ Ka"44,� - Victor Kilman Purchasing Manager CONTRACTOR By: ' Title: Chief Executive Officer APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Litter Collection Service Contract Page 6 a EXHIBIT A ITB #141-02/BM, Litter Collection at Sam Wahl Recreational Area -Annual Pricing - Resolution No. 2002—RO365 INVITATION TO BID DATE: July 22, 2002 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 hftp://purchasing.ci.lubbock.b(.us WEST TEXAS CENTERS FOR MHMR 1 ITB #141-02/BM BID CLOSING DATE August 8, 2002 CLOSING TIME 4:00 P.M., CST PRE -BID MEETING DATE July 30, 2002 PRE -BID MEETING TIME 11:00 A.M. PROCUREMENT OFFICER Bruce MacNair THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. DESCRIPTION OF INVITATION TO BID This document constitutes a request for sealed bids from responsible bidders to provide Litter Collection at Sam Wahl Recreational Area -Annual Pricing to the City of Lubbock. THE BIDDER HEREBY ACKNOWLEDGES REC�I=T OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #1 �c�L% #2_� #3 #4_ #5 (Please Initial) IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND 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 ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. Signature Title MR DIRECTOR Print Name RODNEY JONES Date Auciust 12, 2002 PLEASE RETURN THIS PAGE ALONG WITH THE ATTACHED BID DOCUMENTS AND ANY ADDENDA. ITB#141-02/BM ITB #141-02/13M, Litter Collection at Sam Wahl Recreational Area -Annual Pricing BID FORM Litter Collection at Sam Wahl Recreational Area -Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 141-02/BM In compliance with the Invitation to Bid #141-02/BM, the undersigned Bidder having examined the Invitation to Bid and 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 below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid # 141-02/BM is by reference incorporated in this contract. ITEM QTY SERVICE CYCLE PERIOD Cycle Contract Annual Contract Rate Rate Each collection effort is defined as one "cycle" and includes: the trip to the property, the time spent to collect litter from the grounds, and the return trip. Areas to be serviced during each cycle include: all paved road rights -of -way, all unpaved roads and rights -of -way on the Recreational Area, all of the paved parking lot area and areas surrounding the parking lot, boat ramp area, fishing pier area, and all numbered camp sites (a total of 100 +/- numbered primitive sites). Contractor will provide their own insurance, vehicle, crew and crew leader, trash bags, and tools used by the crew to pick up litter. Each crewmember and foreman must wear a bright orange safety vest at all times while on the property. Contractor's vehicle must be clearly marked as belonging to the contractor. Contractor will. perform service regardless of weather or road conditions on the scheduled day of service. During March through October service will be performed on specified days of the week regardless of Federal, State, or Local holidays. 1. 17 During the months of November through February, one cycle per week. $160.00 $2720.00 2 17 During the months of March and April, two cycles per week, performed on $160.00 $2720.00 Monday and Friday. 3 79 During the months of May through October, three cycles per week, performed $160.00 $12640.00 on Monday, Wednesday and Friday. TOTAL_ BID $18080.00 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 Contractor within thirty days after the receipt of a correct invoice for reasonable work allocable to the contract or after the date of acceptance of work that meets contract requirements, 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 describing reasonable work allocable to the. contract or after the date of acceptance of work that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. THIS BID IS SUBMITTED BY WEST TEXAS CENTERS FOR MHMR corporation organized under the laws of the State of TEXAS , or a partnership consisting of or an individual trading as Firm: WEST TEXAS CENTERS FOR MHMR Address: 319 RUNNELS of the City of City: BIG SPRING State: TX Zip 79720 The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work, or service for the municipality or be interested in the sale to the City of any supplies, equipment, material, or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES NO MIWBE Firm: I I Woman I I Black Asian Pacific American IT13#141-02/13M ITB #141-=BM. Litter Collection at Sam Wahl Recreational Area -Annual Pricing Officer Name and Title: / Authorized Representative - must sign by hand Print Business Telephone Number (915) 263-9795 FAX: (915) 263-9763 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25, 000): Date P.O./Contract Issued: ITB#141-02/BM 4 1TB #141-02/13M, Litter Collection at Sam Wahl Recreational Area -Annual Pricing CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If 1 am awarded this contract by the City of Lubbock, I will be able to, within ten (10) 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/proposal. Q��nrGy ��5 Contractor ignatur Contractor (Print) CONTRACTOR'S NAME: I, F) Tim (Print or Tvr)e CONTRACTOR'S ADDRESS: 31�t Q�nc15 Name of Agent/Broker: QU,-0CiL ���{ rn!}4Q6cME_AT f_yNb Address of Agent/Broker: C 7w� City/State/Zip: N513A , T7C , _7 3%5J ` 0665 Agent/Broker Telephone Number: () .,3qt -53 H Date: Aa;;-)A tli 7-w2- �� NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock: at (806) 775-2165. IT13#141-02/13M 13 EXHIBIT B Resolution No. 2002—RO365 ITB #141-02/BM, Addendum #3 City of Lubbock PURCHASING DEPARTMENT ADDENDUM #3 ROOM TSTR ET 0MUNICIPAL BUILDING 3" ITB # 1 4 1 -02/BM LUBBOCK, TEXAS 79401 Litter Collection at Sam Wahl PH: (806) 775-2167 FAX: (806) 775-2164 Recreational Area — Annual Pricing http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: August 13, 2002 CLOSE DATE: August 15, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please refer to the map, attached, for locations of the 85 (eighty-five) existing numbered campsites. 2. QUESTION: What are the Park rules on firearms for snake protection? ANSWER: The only firearms that may be brought onto the area are the legally permitted concealed handgun permit holders. 3. QUESTION: Is off -road travel allowed, by 4-wheeler or other off -road equipment, on the hard to reach campsites? ANSWER: Use of a 4-wheeler is authorized as long as it is identified as part of your litter collection operation (with signs) and is not used for recreational purposes. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to or Email to: Bruce MacNair; Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 7 75-2164 bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK s Bruce MacNair Senior Buyer ITB#141-02/BM Ad 3 ITB #141-02/BM, Addendum #3 Eighty-five Numbered campsites are identified on this map by ITB#141-021BM Ad 3 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13"" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ITB #141-02/BM, Addendum #2 ADDENDUM #2 ITB # 141-02/BM Litter Collection at Sam Wahl Recreational Area — Annual Pricing MAILED TO VENDOR: August 6, 2002 OLD CLOSE DATE: August 8, 2002 @ 4:00 P.M. NEW CLOSE DATE: August 15, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please note the NEW CLOSE DATE is now August 15, 2002 at 1:00 P.M. 2. In PART[, INSTRUCTIONS TO BIDDERS, add Section 18, CONTRACT TERM, as follows: 18.1 Contract commences on the effective date and continues without interruption for a term of one-year from and after the effective date. The term may be extended for two (2) additional one-year terms with the written consent of both parties. 18.2Prices will be bid for the initial term only. 18.3Bid all items in accordance with the bid specifications herein. 3. Your attention is invited to the following questions and their respective answers. A. QUESTION: Will the Contractor be allowed to use the City Landfill with City privileges or will we be required to pay a fee? ANSWER: Use of the City Landfill will not be required. All litter removed from the specified areas is to be deposited into the three -cubic yard containers located in the parking lot area at San Wahl Recreational Area. B. QUESTION: May I leave my cotton -hauling trailer on the grounds for two days per week and bring it back on the last day, rather than hauling it back and forth all week? ANSWER: 'The trailer may be left on the grounds, however, the City does not accept responsibility for any loss or damage. Leaving equipment on site would be strictly at the Contractor's own risk. C. QUESTION: During the summer months is all work to be completed each day or can work be completed over three-day divisions? ANSWER: During the entire period of this contract all work must be completed on the days specified. During the months of November through February, where days of the week are not specified, all work must be completed in one day during the specified one cycle per week. D. QUESTION: What measures will be allowed against snakebite protection? ANSWER: Contractor must provide all protective clothing and equipment that he considers necessary. E. QUESTION: On page 11, Section C, # 3, Comprehensive Automobile Liability Insurance, what is the nature of the hazard material referred to in the statement, 'including coverage for loading and unloading hazards'? ANSWER: This statement refers to the hazards involved in the loading and unloading of items into or out of the specified vehicles. F. QUESTION: When will contractor begin work? ANSWER: Work may commence as soon as Council approves the Department recommendation and all insurance and contract documents are executed. ITB#141-02/BM Ad 2 ITB #141-02/BM, Addendum #2 G. QUESTION: How will non -numbered campsites be dealt with? ANSWER: Contractor is NOT responsible for non -numbered campsites. H. QUESTION: Is the contractor responsible -for the shoreline? ANSWER: No. City personnel are responsible for the shoreline. 1. QUESTION: Who is responsible for the lake? ANSWER: The Lake itself is NOT part of this contract. J. QUESTION: How long will it be before we get payroll from the City for workers, after the job is finished? ANSWER: Payment will be on a monthly billing basis after the specified cycle periods. K. QUESTION: What is the total mileage of paved and unpaved roads? ANSWER: Included in this contract are six -miles of unpaved roadway (+/- 0.5 mile) and 1.4 miles of paved roadway. L. QUESTION: Is this a Requirements Contract? ANSWER: As stipulated in SECTION III, GENERAL CONDITIONS, paragraph 1, Requirements Contract, this is a requirements contract and any quantities included in the scope of work, on the BID FORM under SERVICE CYCLE PERIOD, reflect the current expectations of the City for the period of.the contract. M.QUESTION: Who is the Incumbent Contractor? ANSWER: The Incumbent Contractor is MHMR of Big Spring, Texas. N. QUESTION: What is the Line item pricing for the current contract? ANSWER: The current contractor is being compensated at a rate of $85.00 per cycle. O. QUESTION: May we request an abstract of bids from.the last competition? ANSWER: There is no abstract. The last contract was executed as a Interlocal Cooperative Agreement with West Texas Centers for Mental Health and Mental Retardation. P. QUESTION: May we have a copy of the Bidders Mailing List? ANSWER: A copy of the current Bidders Mailing List is attached. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK G Bruce MacNair Senior Buyer ITB#141-02/BM Ad 2 BID # 141-02/11M TITLE: LITTER COLLECTION AT SAM WAHL RECREATIONAL AREA - ANNUAL PRICING DATE" SENT/ PLANS' COMPANY NAME ; , �, " ` COMPANY ADDRESS `x ; PHONE # �, FAX NUMBER ADD ADD ADD ADD INITIALS SENT #1 #2 #3 #4 \J 'y Vv1 /b E-mail Address: �A SlIn UVel, ' E-mail Address: 'M- l (�©a to �� b-' j/t> U6K, lel'(Io / 03J 0 E-mail Address: j w'S YYl ate, I&O V CW6 J�' aq as :. E-mail Address: is lea k� 3d G E-mail Address: 8Dk a903 BID # 141-02/BM TITLE: LITTER COLLECTION AT SAM WAHL RECREATIONAL AREA — ANNUAL PRICING DATE SENT/ INITIALS PLANS' SENT COMPANY NAME COMPANY �►DDRES PHONE #Y „; "; FAX NUMBER ADD #1 ADD #2 ADD #3 e ADD #4 �tsx _ �- E-mail Address: Pp 7 z SID v E-mail Address: - -75, E-mail Address: V� o 6,V 53c-4,7 E-mail Address: E-mail Address: ( - n 360> 6we- T 1 4�7 '" �� /2 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 h ttp://p u rc has i n g. c i. l u b boc k. tx. u s MAILED TO VENDOR: CLOSE DATE: ITB #141-021BM, Addendum #1 ADDENDUM #1 ITB # 141-02/BM Litter Collection at Sam Wahl Recreational Area — Annual Pricing July 26, 2002 August 8, 2002 @ 4:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. In PART II, INSURANCE, Section C, 2, Commercial General Liability, change to read $300,000.00. 2. In LITTER COLLECTION SERVICE CONTRACT, ARTICLE VII, INSURANCE, paragraph B, 2, Commercial General Liability, change to read Three Hundred Thousand and no/100 Dollars ($300,000.00). All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to or Email to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer ITB#141-02113M Ad 1 ITB #141-02/BM, Litter Collection a . Wahl Recreational Area -Annual Pricing } INVITATION TO BID DATE: July 22, 2002 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us [71TB141-021BM BID CLOSING DATE August 8, 2002 CLOSING TIME 4:00 P.M., CST PRE -BID MEETING DATE July 30, 2002 PRE -BID MEETING TIME 11:00 A.M. PROCUREMENT OFFICER Bruce MacNair THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER !NTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. DESCRIPTION OF INVITATION TO BID This document constitutes a request for sealed bids from responsible bidders to provide Litter Collection at Sam Wahl Recreational Area -Annual Pricing to the City of Lubbock. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #1 #2 #3 #4 #5 (Please Initial) IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND 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 ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. Signature Print Name Title Date PLEASE RETURN THIS PAGE ALONG WITH THE ATTACHED BID DOCUMENTS AND ANY ADDENDA. ,164- e41.C1:B1VI 1 ITB #141-02/BM, Litter Collection a Wahl Recreational Area -Annual Pricing This Page Intentionally Left Blank ITB#141-02/BM ITB #141-02/BM, Litter Collection a Wahl Recreational Area -Annual Pricing BID FORM Litter Collection at Sam Wahl Recreational Area -Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 141-02/BM In compliance with the Invitation to Bid #141-02113M, the undersigned Bidder having examined the Invitation to Bid and 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 below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid # 141-02/BM is by reference incorporated in this contract. ITEM CITY SERVICE CYCLE PERIOD Cycle Contract Annual Contract Rate Rate Each collection effort is defined as one "cycle" and includes: the trip to the property, the time spent to collect litter from the grounds; and the return trip. Areas to be serviced during each cycle include: all paved road rights -of -way, all unpaved roads and rights -of -way on the Recreational Area, all of the paved parking lot area and areas surrounding the parking lot, boat ramp area, fishing pier area, and all numbered camp sites (a total of 100 +/- numbered primitive sites). Contractor will provide their own insurance, vehicle, crew and crew leader, trash bags, and tools used by the crew to pick up litter. Each crewmember and foreman must wear a bright orange safety vest at all times while on the property. Contractor's vehicle must be clearly marked as belonging to the contractor. Contractor will perform service regardless of weather or road conditions on the scheduled day of service. During March through October service will be performed on specified days of the week regardless of Federal, State, or Local holidays. 1. 17 During the months of November through February, one cycle per week. $ $ 2 17 During the months of March and April, two cycles per week, performed on $ $ Monday and Friday. 3 79 During the months of May through October, three cycles per week, performed $ $ on Monday, Wednesday and Friday. TOTAL BID $ 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 Contractor within thirty days after the receipt of a correct invoice for reasonable work allocable to the contract or after the date of acceptance of work that meets contract requirements, 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 describing reasonable work allocable to the contract or after the date of acceptance of work that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. THIS BID IS SUBMITTED BY the laws of the State of or an individual trading as , or a partnership consisting of corporation organized under of the City of City: State: Zip The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work, or service for the municipality or be interested in the sale to the City of any supplies, equipment, material, or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES NO MMBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other Spec!! ITB#141-02/BM 3 ITB #141-02/13M, Litter Collection a , Wahl Recreational Area -Annual Pricing $ By Officer Name and Authorized Representative - must sign by hand Please Print Business Telephone Number FAX: FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25, 000): Date P.O./Contract Issued: IT13#141-02/13M 4 ITB #141-0216M, Litter Collection a Wahl Recreational Area -Annual Pricing Litter Collection at Sam Wahl Recreational Area -Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 141-02/BM THE CITY OF LUBBOCK APPRECIATES YOUR, TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Litter Collection at Sam Wahl Recreational Area -Annual Pricing. per the attached specifications. Sealed bids will be received no later than 4:00 P.M. CST, August 8, 2002, if date/time stamped on or before 4:00 P.M. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB # 141-02/131M, Litter Collection at Sam Wahl Recreational Area -Annual Pricing" and the bid opening date and time Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 162513th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for, making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission.. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered, or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids .through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a pre -bid meetinq will be held at 11:00 A.M., July 30, 2002 in the Municipal Building, Planning Conference Room 107, 1625 13 Street, Lubbock, Texas. All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. ITB# 141-02.!BM 5 ITB #141-02/13M, Litter Collection a Wahl Recreational Area -Annual Pricing 2.3 The City of Lubbock does not"discriminate against person with disabilities. City of Lubbock pre -bid meetings are available to all persons regardless of disability. If ,you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock Human Relations Office, 1625 13th Street, (806) 775-2281 at least forty-eight (48) hours in advance of the conference. 3 CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's_ responsibility to advise the Purchasinq Manacier if anv the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE_(6) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Bruce MacNair, Senior Buyer City of Lubbock 1625 13th Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: bmacnair@mail.ci.lubbock.tx.us 4 ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by bid amendments (addenda). 4.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. No verbal_ explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must 'be received by the City of Lubbock Purchasing Department no later than five (5) days prior to the bid closing date. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4.5 A copy of all addenda issued must be signed and returned with your bid. 5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. ITB#141-02/BM 6 ITB #141-0218M, Litter Collection a Wahl Recreational Area -Annual Pricing 5.2 Before submitting a bid, each"bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 6 BID SUBMITTAL 6.1 Each bid is to be submitted in duplicate by the date and time indicated. Additional copies may be requested by the City of Lubbock if deemed necessary. 6.2 All bids must include this ITB and any subsequent addenda. Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6.6 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. 7 BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. IT13#141-0216M 7 ITB #141-02/BM, Litter Collection s Wahl Recreational Area -Annual Pricing 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open' Records Act. LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 11 CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part. of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm, or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: 13.1.1 The purchase price; 13.1.2 The reputation of the of the bidder and of the bidder's goods or services; 13.1.3 The quality of the bidder's goods or services; 13.1.4 The extent to which the goods or services meet the City's needs; 13.1.5 The bidder's past relationship with the City; 13.1.6 The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; 13.1.7 The total long-term cost to the City to acquire goods or services; and 13.1.8 Any relevant criteria specifically listed in the Invitation to Bid. ITB#141-02/BM 8 ITB #141-02/BM, Litter Collection a, Wahl Recreational Area -Annual Pricing 13.2 The City of Lubbock reserves'the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid for any item or group of items shown on the Bid Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations.. 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Bidders taking exception to any part or section of the specifications shall indicate such exceptions on the specifications. Failure to indicate any exception will be interpreted as the bidder's intent to comply fully with the requirements as written. Conditional or qualified bids, unless specifically allowed, shall be subject to rejection in whole or in part. 15.4 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. The City has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of services being procured. 15.5 The City may deem it necessary to specify Approved Brands after conclusive testing, prior usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and ITB# 141-02!BM 9 ITB #141-02/BM, Litter Collection a, Wahl Recreational Area -Annual Pricing address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned. 15.6 When specifications call for samples to be submitted, samples must be delivered by the. bidder, at bidder's expense, to the Purchasing Manager no less than seven days prior to the opening of bids. Each sample must be clearly tagged to show bidder's name and address, item number, and the name of the item being substituted. The name of the manufacturer and brand name, technical data, intended use, and other pertinent data for . product evaluation must accompany each sample. 16 QUALIFICATIONS OF BIDDERS 16.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the servicespecified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 16.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: 16.2.1 The ability, capacity, skill, and financial resources to perform the work or provide the service required; 16.2.2 The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; 16.2.3 The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; 16.2.4 The quality of performance of previous contracts or services. 17 BONDS, INSURANCE AND INDEMNITY 17.1 No bonds are required to be submitted with this bid. 17.2 The successful bidder shall meet the minimum insurance requirements as defined in Section II. Each bid must be accompanied by a City of Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s). 17.3 The successful bidder agrees to 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 therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at its own expenses, satisfy discharge the same. Contractor expressly understands and agrees that any bond required by the contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. ITB#141-02/BM 10 ITB #141-02/BM, Litter Collection a, Wahl Recreational Area -Annual Pricing 19 Litter Collection at Sam Wahl Recreational Area -Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 141-02/BM II. INSURANCE 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 fumish 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. INSURANCE COVERAGE REQUIRED 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. . SECTON 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 AMOUNT 1. Worker's Compensation Statutory and Employers Liability $500,000 2. Commercial General Liability insurance including coverage for the following: a. Premises operations b. Independent contractors c. Products/completed operations d. Personal injury e. Advertising injury f. Contractual liability g. Medical payments Combined single limit for bodily injury and property damage of $325,000 per occurrence or its equivalent. 3. Comprehensive Automobile Liability insurance, including Coverage for loading and unloading hazards, for: a. Owned/leased vehicles Combined single limit for b. Non -owned vehicles bodily injury and property c. Hired vehicles of $300,000 per occurrence or its equivalent ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies 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 ITB# 141-02/BM 11 ITB #141-02/BM, Litter Collection a Wahl Recreational Area -Annual Pricing exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. 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; Remove all language on the certificate of insurance indicating that the insurance company or agent/broker will endeavor to notify the City but failure to do so shall impose no obligation or liability of any kind upon the company, its agents, or representatives. 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. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. 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: Victor Kilman - Purchasing Manager City.of Lubbock 1625 13th Street 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. ITBFl141-02'BM 12 ITB #141-02/BM, Litter Collection, - n Wahl Recreational Area -Annual Pricing CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) 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/proposal. Contractor (Signature) CONTRACTOR'S NAME: (Print or Type) CONTRACTOR'S ADDRESS: Contractor (Print) Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number: ( ) Date: NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 776-2165. IT13#141-02/6M 13 ITB #141-02/121M, Litter Collection, n Wahl Recreational Area -Annual Pricing t This Page Intentionally Left Blank ITB#141-02/BM 14 ITB #141-02/13M, Litter Collection � n Wahl Recreational Area -Annual Pricing Litter Collection at Sam Wahl Recreational Area -Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 141-02/BM III. GENERAL CONDITIONS These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. Requirements Contract: During the period of the contract, the Contractor shall provide all the services described in the contract. The Contractor understands and agrees that this is a requirements contract and that the City shall have no obligation to the Contractor if no services are required. Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract. The amount is only an estimate and the Contractor understand and agrees that the City is under no obligation to the Contractor to buy any amount of the services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The Contractor further understands and agrees that the City may require services in an amount less than or in excess of the estimated annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. In making its bid hereunder, the Contractor expressly recognizes the rights of the City provided herein, and further recognizes that the Contractor shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. 2 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 for the services provided under 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 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 Contractor on thirty days' prior written notice, but failure to give such notice shall be of not effect and the City shall not be obligated under this contract beyond the date of termination. 3 Invoices: Contractor 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 Contractor shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. 4 No Warranty By The City Against Infringements: As part of the contract for sale, Contractor 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 Contractor for indemnification in the event that Contractor is sued on the grounds of infringement or the like. If Contractor 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, Contractor will save The City harmless. If Contractor 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. 5 Material Safety Data Sheets: Contractor shall provide Material Safety Data Sheets (MSDS) for all chemicals 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.) ITB#141-02!BM 15 ITB #141-02/BM, Litter Collection. ,i Wahl Recreational Area -Annual Pricing 6 Gratuities: The City may, by written notice to the Contractor, cancel the contract or purchase order without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, 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 Contractor in providing such gratuities. 7 Force Maieure: 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. 8 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Contractor without the written permission of the City. Any attempted assignment or delegation by Contractor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 9 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. 10 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. 11 Unsatisfactory Work: If, at any time during the contract term, the service performed or work done by the Contractor is considered by the City to create a condition that threatens the health, safety, or welfare of the community, the Contractor shall, on being notified by the City, immediately correct such deficient service or work. In the event the Contractor fails, after notice, to correct the deficient service or work immediately, the City shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Contractor. 12 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Contractor to meet the time specifications of the contract will cause Contractor to be in default of the contract. ITB#141-02/BM 16 ITB #141-02/BM. Litter Collection, n Wahl Recreational Area -Annual Pricing If unable to respond to this Invitation to Bid andyou.wish to continue to receive invitations to bid, please complete and return this page. The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and submitting bids to the city. We would appreciate it if you would indicate on any NO BID response any requirement of this Invitation to Bid that may have influenced your decision to NO BID: Do not sell this commodity. Bid directs by Manufacturer. Cannot meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Letterhead attached with explanation.) Specifications are proprietary to (Brand Name) Company Name: Address: City: State: Zip Contact Name: Title: Business Telephone Number. Internet Address: Company's Internet Web Page URL: FAX: ITB#141-02/BM 17 ITB # 141-02/13M, Litter Collection at Sam al Recreational Area -Annual Pricing k This Page Intentionally Left Blank ITB#141-02/BM 18 ITB # 141-02/13M, Litter Collection at. Sam 11 Recreational Area -Annual Pricing LITTER COLLECTION SERVICE CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK This contract, (the "Contract"), effective as of the day 2002, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas municipal corporation, and . ("Contractor"). WITNESSETH WHEREAS, the City desires to obtain the litter collection service at Sam Wahl Recreational Area; and WHEREAS, Contractor has a professional staff experienced and is qualified to provide litter collection service; and NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and Contractor hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of one (1) year from and after the Effective Date. The term may be extended for up to two (2) additional one (1) year terms with the written consent of both parties. ARTICLE II. COMPENSATION Compensation shall be based upon the number of cycles completed and quality of said litter collection service and shall be in accordance with Bid No. 141-02 dated July 22, 2002. ARTICLE III. TERMINATION a. General. City may terminate this Contract, for any reason, upon thirty (30) days written notice to Contractor. b. Termination and Remedies. In the event Contractor breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. City or Contractor may, in its sole discretion, terminate this Agreement at any time, with or without cause upon thirty (30) days written notice. ITB#141-02/BM 19 ITB # 141-02/13M, Litter Collection at. San. A Recreational Area -Annual Pricing ! t ARTICLE IV. REPRESENTATIONS AND WARRANTIES A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. Contractor has the corporate power to enter into and perform this. Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in providing litter collection service, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules; and regulations, both state and federal, relating to predictive maintenance services, as contemplated hereby. If any of the activities of Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. F. Use of Copyrighted Material. Contractor warrants that any materials provided by Contractor for use by City pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other similar law. Contractor shall be solely responsible for ensuring that any materials provided by Contractor pursuant to this Contract satisfy this requirement and Contractor agrees to hold City harmless from all liability or loss to which City is exposed on account of Contractor's failure to perform this duty. ARTICLE V. SCOPE OF WORK Contractor shall provide litter collection services as specified in Bid No. 141-02 (hereinafter called the "Work"). The Work shall be performed at the Sam Wahl Recreational Area at Lake Alan Henry. Contractor shall provide service on the days specified in Bid No. 141- 02. Contractor shall provide all equipment, supplies, and transportation as specified in Bid No. 141-02. Each collection effort is defined as one "cycle" and includes: the trip to the property, the time spent to collect litter from the grounds, and the return trip. Areas to be serviced during each cycle include: all paved road rights -of -way, all unpaved roads and rights -of -way on the Recreational Area, all of the paved parking lot area and areas surrounding the parking lot, the boat ramp area, the fishing pier area, and all numbered camp sites (a total of 100 +/- numbered primitive sites). Contractor will provide his/her own insurance, vehicle, crew and crew leader, trash bags, and tools used by the crew to pick up litter. Each crewme.mber and foreman must "rear a bright orange safety vest at all times while on the property. Contractor's vehicle must be clearly marked as belonging to the contractor. Contractor will perform service regardless of weather or road conditions on the scheduled day of service. During March through October service will be performed on specified days of the week regardless of Federal, State, or Local holidays. ITB# 141-02/BM 20 ITB # 141-02/13M, Litter Collection at Sam it Recreational Area -Annual Pricing 3 ARTICLE VI. INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. Contractor has the sole discretion to determine the manner in which the services are to be performed. ARTICLE VII. INSURANCE A. General. Contractor shall procure and carry, at its sole cost and expense through the life of this Contract insurance protection hereinafter specified, in form and substance satisfactory to the City. City must approve all policies prior to the commencement of any activities whether performed by Contractor, subcontractor, agents, or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas and have a Best's Financial rating of A: Vll. A Certificate of Insurance specifying each and all coverage shall be submitted to City prior to the execution of this Contract. All insurance shall be prepared and executed by the insurance company or it's authorized agents and shall contain an endorsement naming the City of Lubbock an additional insured. Written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. All insurance, other than Workers' Compensation, shall provide a waiver of subrogation in favor of the City of Lubbock, and shall contain cross liability and severability clauses. B. Required Coverage. Contractor shall obtain and maintain policies of insurance throughout the Contract term in limits specified below. 1. Worker's Compensation. Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 2. Commercial General Liability. Contractor shall maintain Commercial General Liability coverage endorsed to include premises/operations, contractual liability, independent contractors' and completed operations. The policy shall have a minimum of Three Hundred Twenty-five Thousand and no/100 Dollars ($325,000.00) combined single limit in the aggregate and per occurrence. 3. Commercial Automobile Liability. Contractor shall maintain Commercial Automobile Liability coverage with a minimum of Three Hundred Thousand and no/100 Dollars ($300,000) combined single for Bodily injury and Property Damage and shall include any auto or in the alternative, owned autos, non -owned autos and hired autos. C. Subcontractors. Contractor shall require each subcontractor with whom it contracts to provide activities as contemplated by this Contract, to obtain proof of insurance coverage as set forth herein, and to provide to Contractor, prior to such person performing any such activities, a Certificate of Insurance establishing such coverage. . ARTICLE VIII. EMPLOYMENT OF AGENTS Contractor may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of Contractor under this Contract provided that Contractor is in no event relieved of any obligation under this Contract. Any such agents, contractors, or third parties retained and/or employed by Contractor shall be required to carry, for the protection and benefit ITB#141-02/BM 21 ITB # 141-02/BM, Litter Collection at Sarn if Recreational Area -Annual Pricing of the City and Contractor and naming "said third parties as additional insured's, insurance as described above in this Contract. ARTICLE IX. CONFIDENTIALITY 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. ARTICLE X. INDEMNITY Contractor shall indemnify and save harmless the City of Lubbock and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any 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, arising out of, or occasioned by, the acts of Contractor, its agents or employees, in the execution of this Contract. ARTICLE XI. COMIPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XII. NOTICE A. General. Whenever notice from Contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand. (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery). or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Contractor's Address. Contractor's address and numbers for the purposes of notice are: ITB#141.02/BM 22 ITB # 141-02/13M, Litter Collection at Sarr, 11 Recreational Area -Annual Pricing C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock C/o Accounts Payable P. 0. Box 2000 1625 13th Street Lubbock, Texas 79457 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIII. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate the services provided by Contractor D. Assignability. Contractor 'may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City, . Contractor, and their respective successors, legal representatives, and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED TNT ACCORDANCE WITH THE LAWS, OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE .fURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent Jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by Contractor and City. I. Entire Agreement. This Contract contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. ITB#141-02/BM 23 ITB # 141-02/13M, Litter Collection at Sam d Recreational Area -Annual Pricing EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Marc McDougal, Mayor ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman Purchasing Manager CONTRACTOR By: APPROVED AS TO FORM: William D. de Haas Contract Manager/Attorney, ITB#141-02/BM 24