HomeMy WebLinkAboutResolution - 2006-R0085 - Contract - Community Lawn Care - Landscape Maintenance Services - 02_24_2006Resolution No. 2006-R0085
February 24, 2006
Item No. 5.18
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 landscape
maintenance service at L.P.S.I.A — annual pricing, per ITB #06-004-13M, by and between
the City of Lubbock and Community Lawn Care of Lubbock, 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 24th day of February , 2006.
MARC MCru
GAL, MAYOR
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Loomis, Director of'Aviation
APPROVED AS TO FORM:
M. Knight, A,9farit Csfty Attorney
gs/ccdocs/Contract-Community Lawn Care.res
2.15.06
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
CITY OF LUBBOCK
CONTRACT FOR SERVICES
Landscape Maintenance Services at LPSIA-Annual Pricing
Contract No. 6668.
Bid No. 06-004-BM
THIS CONTRACT, made and entered into this 24`h day of February, 2006, pursuant to a resolution heretofore adopted
by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and COMMUNITY LAWN CARE
("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Landscape Maintenance Services and bids were
received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore
adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a
contract with said Contractor covering the purchase and delivery of the said Services.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial
consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached
hereto and made part hereof, Contractor will deliver to the City the Services specifically referred to as Item(s) No.
11=3 and more particularly described in 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. The City agrees to pay the Contractor according to the payment schedule
attached; said payment schedule does not include any applicable sales or use tax.
3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to
Bid attached hereto and incorporated herein.
4. 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.
5. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general
liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies
must carry a Best's Rating of B or better. The policies will be written on an occurrence basis, subject to the
following minimum limits of liability:
Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section
406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this
Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor
maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any
cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach
of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers'
Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF
LUBBOCK.
ITB#06-004-BM.doc
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than
$500,000.
Commercial General (public) Liability insurance, per occurrence, in an amount not less than $500,000.
Automotive Liability insurance, per occurrence, in an amount not less than $500,000 combined single limit including
coverage for the following:
Any Auto
The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as a primary
additional insured under the policies.
The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will
provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but
failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or
representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be
included with the certificate. Contractor's insurance policies through policy endorsement must include wording,
which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City
of Lubbock. The certificate of insurance described below must reflect that the above working is included in
evidenced policies.
If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance
in full force and effect; all work under the contract shall be discontinued immediately. Any failure to maintain the
required insurance may be sufficient cause for the City to terminate the contract.
6. 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.
This Contract consists of the following documents set forth herein; Invitation to Bid #06-004-BM, General
Conditions, Insurance Requirements, Specifications, and the Bid Form.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above
written.
CITY OF LUBBOC
'/'a ,
rc McDoug, 1, Mayor
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO FORM:
el`ty Attorney
CONTRACTOR
BY
Aut4id presentative
COMMUNITY LAWN CARE
Address
1413 FM 2378
Lubbock, TX. 74407
ITB#06-004-BM.doc 2
MRiO6404-6M, Landecape Mairtenance Services at LPSIA-Annual Pricing
SUBMIT TO:
, , o
CITY OF LUBBOCK
Purchasing & Contract
CITY OF LUBBOCK. TEXAS
Management
,
1625 13'b Street, Rm 204
Lubbock, Tx 79401-3830
AN EQUAL
I NiMATION TO BID
CONTACT PERSON:
OPPORTUNITY
Bruce MacNair
EMPLOYER
#0&004-BM
TEL, 806.775.2167
FAX: 906.775.2164
http://purchasing.ei.lubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
Landscape Maintenance Services at L.P.S.LA. - Annual Pricing
February 9, 2006 Q 2:00 PAL CST
PRE BID DATE, TIME AND LOCATION. January 24, 2006
® 10:00 A-M_,
Any b&* mcervedafterAe bw arddoe listed above, regerAm of Me
Lubbock Preston Smith International Airport, Ambassador Room
iwodr ofJdhwy, shall be rehmied ratopened
SPONDENT NAME:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE IT'B NUMBER,
O irA vn O 1 At
THE CLOSING DATE AND 11WE AND YOUR COMPANY NAME AND
ADDRESS.
AR ILING ADDRESS:
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT
OF NO BID".
CITY - STATE - ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT
k
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY
TELEPHONE NO:
6 - s 5 4M a
RESERVES THE RIGHT TO IN THE BEST INTEREST OF THE ENTER I TO ANY CONTRACT DEEMED TO BE
C.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO: // QQ
- —
8
V P
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
E-MAIL:
MANAGER IF ANY LANGUAGE, REQUIREMNTS, ETC., OR ANY
COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
15
NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
-
RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5)
BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECFMr OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT.COM
The City of Lubbock Charter states that no officer or employee of the City can benefit 5nm 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 ofrw= or employee of the City, or member of their
immediate family, benefit from the award of this bid to the above firm? YES C NO
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 E)MCUTE THIS
PORTION MAY RESULT IN BID REJECTION.
By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business catity, or
person submitting an offer for the same materials, supplies, equipment, or servicc(a), and is in all respects fair and without collusion or fraud I further
agree that if the offer is excepted, the offeror will convey, sell, assign, or transf r to the City of Lubbock all right, title, and interest in and to all causes of
action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular
commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at
the time the City tenders final payment to the vendor.
Autboriz� Title
sae l�•�kt� �/ �3 � o �
Print/Type Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
ITB#06-004-BM.doc
&6006-004-BM, Landscape Maintenance Services at LPSiA-Annual Pricing
BID FORM
Landscape Maintenance Services at L.P.S.i.A. - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 06.004-BM
In compliance with the Invitation to BW # 06404-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 furaishing 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 # 06-W4-
BM is by reference incorporated in this contract The Bid Form must be completed in blue or black ink or by typewriter.
ITEM
SERVICE LOCATION
Mor><t>ty
Contract Rate
Annual Contract
hate
1.
Landscape Maintenance for area covered tinder Exhibit A, as specified herein.
S 1 �5 $
X 12
$
2.
Landscape Maintenance for area covered under Exhibit B, as specified herein.
S s5r
X 12
S
3. 1
Landscape Maintenance for area covered under Exhibit C, as specified herein.
S I p0Q
X 12
$ 12 Old
TOTAL
BID (Total Annual Contract Price)
$ Jt Ca o0
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of °.y net — ealwdar days. DBcesssts w18 1s1 6e
considered In determining bow bid. Unless otherwise indicated on the Bid Form, payment tams 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 FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most
favoured customer, for Lle quality and quantity of the products/services; does not include an element of profit on the laic in excess of that normally
obtained by the Bidder on the sale of products/saviam 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(e) at the lower prices) on all
deliveries made during the period in which such lower price(s) is effective:
INfERLOCAL PURCHASING (optional): The City desires to make available to other local govesflmental entities of the State of Texas, by mutual
agreement with the successful bidder, and propedy authorized interiocal purchasing agreements as provided for by the Intcriocal Cooperation Act (Chapter
791, Government Code), the right to purchase the same services, at the priom quoted, for the period of this contract. Each bidder shall indicate on the Bid
Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock Should these other
governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, speoifcations, and pricing would apply?
Other governmental entities that might have interests in this contract are Frensiip Isidependent School District, Lubbock Housing Authority,
Lubbock Comity, Lubbock County Hospital Dbrtsiet, Lubbock Independent Seb•ol District, South Plain Association of G•vernmeab, City •t
Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Welftorii.
YES_ NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interloeal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated,
to purchase materials/services under the contraot(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 materieWservice as needed
C Ot't'1 to J n i +V L-ow,..
THIS BIDIS SUBMITTED BY r-rem tvt ivr F t r+. C tm wl • CO L L. G a corporation organized under the laws of the State of
_ P—K AS , or a partnership consisting of
or an individual trading as
2 �+ pof the City of —Firm:
Address: 14 13 VIA 0,11 p City: L j b 6Wx State:_::ncZip
MlWBE Firm: Woman Black American I INative American
Hispanic American Asian Pacific American I I Other (Specify)
t)r " 1 Authorized Reprerenta m - must sign by hand t r
Officer Name and Title: ++ 0 e- rac•tere.4 and N Gb e i
/ v tl Plleeasepytw �f
Business Telephone Number 8p � ` O,S S �� `) Q FAX: 906 — 23S -5— 7 76 g _
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE 1TB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
ITB#06-004-BM.doc
M5#06-004-BM, Landscape Maintenance Services at LPSIA-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.
Jce (� en 1C (e , C�iGu arm( 1V6,,na r
C gn Contractor (Print)
�roxkcer t el�•��r 4 CI.�e�.�cGI�I
CONTRACTOR'S NAME: 61'og Go w- i-,L u.4- Lz-" m - Cc, �-e_
(Print or Type)
CONTRACTOR'S ADDRESS: L 4l 3 FM 23 7$
L061ocr� l � -79 4o-7
Name of Agent/Broker: K ��{ +-! `'` '� — � �Y t a"`� e wt, -+ t t Zs
Address of Agent/Broker:
12�'5rW49rCrVA
City/State/Zip: Lo % to aC L l Yc
Agent/Broker Telephone Number. (Bob
Date: 2 13 010
-pa Vk
79141 -J--
*14-7- o_IS5_
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.
ITB#06-004-W.doc 13
ITS#0640"M, Landscape Maintenance Servioes at LPSIA,Annual Pricing
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from
contracting with or making sub -awards under covered transactions to parties that are suspended or
debarred or whose principals are suspended or debarred Covered transactions include procurement
contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions
(e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that
their organization and its principals are not suspended or 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.
1��oK-ter Fed-t lrver 9 Ctie&vt,ce Cr,
COMPANY NAME: �'g- — 6'a nip" 0 - ca'r'c-
Signature of Company Official
Date Sianed: 7/13/ olp
Printed name of company official signing above: "f° e 41" k le-
ITB#06-004-BM.doc 22
1 T13#06-004-BM, landscape Maintenance Services at LPSIA-Annual Pricing
City of Lubbock
Consideration of Location of Bidder's Principal Place of Business
Affidavit of Eligibility
Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal
property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder
whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the
municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with:
(1) the lowest bidder, or
(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in
writing, that the local bidder offers the municipality the best combination of contract price and additional economic
development opportunities for the municipality created by the contract award, including the employment of residents of the
municipality and increased tax revenues to the municipality.
This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47
U.S.C. Section 153.
In order to receive consideration, bidders must submit this affidavit to:
Victor Kilman, Director of Purchasing & Contract Management
City of Lubbock
1625 13"' Street, Room 204
Lubbock, TX 79401
Complete all areas below. Incomplete gffidawls may be rejected
Local Business Name: C6 rat��.at ytt.t i L&w Yt a rt< '
Local Address (must be within the City limits): So `f'T - �F9� o� { ��+e A �%�l �/ e"ice, (oC4A;r-)
Address of the company's principal place of business within the United States: 1113 FfA 737s — L ab:7gG�� ?ai�a7
1. How many residents of the City of Lubbock are employed at the above business location? t
2. Year your business was established in the City of Lubbock: 2'06!L
3. For transactions that require sales tax, provide the following Reseller information:
Reseller Permit Number / 75- -A 346 11 -- 2-
Company Name and Address (as it appears
on permit)
�liprl-bt°t- FCt" 4 1 t"er 4 GrlerLV"
/413 FM 13V
L,bboek �9407
.. wz - f'i wr IA-, rn•..
Does your business have more than one office in the State of Texas? Yes X No
If Yes, identify the office location considered as the point -of sale credit for sales tax purposes:
5. Was the local business required to pay business and/or real property tax for the most recent tax year?
_K Yes No JJ
If Yes, did the local business pay any of this tax to the City of Lubbock? k Yes No Gil �ai<
Under penalty of perjury, the undersigned states that the foregoing statements am true and oarreat. It in further wimowledged that any Ion, firm,
corporation or entity intentionally submitting false information to the City in an attempt to quatify for eligibility that] be prohibited from bidding on City
of Lubbook products and servioea for a period of one (1) year.
Authorized Signature: Date: Z�tt
Printed Name and Title:
oe iathkce� ��Gtteral
Ira-004-SM.doc 23
M3006-004-13M, Landscape Maintenance Services at LPSIA,Annuai Pricing
CITY OF LUBBOCK
NON -COLLUSION AFFIDAVIT
STATE OF TEXAS
ss
LUBBOCK COUNTY
J«c 11t,4w to being first duly sworn, on his/her oath,
says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest
or on behalf of any person not therein named; and s/he further says that the said bidder has not directly
induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person
or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion
to secure to self an advantage over any other bidder or bidders.
�sp vY1 n u r ! �,
NAME OF FIRM
SI94ATURE OF BIDDER
TITLE
ibed and swor�,to before me this L day of 2006
1
Notary Public in and for t�gState
of Texas residing at
14 V ALR=
r—
:¢-",- TERESA AN
4ti U-LLQ }
`` ; iv!Y COMMiSS!GN EXPIRES ({{
'.�;; April1,ZOUS 1�
NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL
ITB#06-004-BM.doc 24
City of Lubbock
PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BUILDING
1625 13sH STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http:/'/purchasing.ei.lubbock.tx.us
DATE ISSUED:
OLD CLOSE DATE:
NEW CLOSE DATE:
ITB# 06-004-BM, Addendum #1
ADDENDUM V
ITB # 06-004-BM
Landscape Maintenance Services at L.P.S.I.A. —
Annual Pricing
February 7, 2006
February 9, 2006 @ 2:00 P.M. C.S.T.
February 14, 2006 @ 2:00 P.M. C.S.T.
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. Bid due date and time are CHANGED from February 9, 2006 @ 2:00 P.M. C.S.T. to February 14, 2006 @ 2:00
P.M. C.S.T.
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(a-)mylubbock.us
THANK YOU,
CITY OF LUBBOCK
�--
Bruce MacNair
Senior Buyer
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 City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations
thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted
in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A
review of such notifications will be made.
ITB#06-004-BMAdl.doc
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
SUBMIT TO:
CITY OF LUBBOCK
Purchasing & Contract Management
i_ CITY OF LUBBOCK, TEXAS
1625 1 P Street, Rm 204
�1
Lubbock, Tx 79401-3830
AN EQUAL INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Bruce MacNair
EMPLOYER #06-004-BM
TEL: 806.775.2167
FAX: 806.775.2164
http://purchasing.ci.lubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
Landscape Maintenance Services at L.P.S.I.A. - Annual. Pricing
February 9, 2006 C 2:00 P.M. CST
PRE BID DATE, TIME AND LOCATION: January 24, 2006 @ 10:00 A.M.,
Any bids received after the time and date listed above, regardless of the
Lubbock Preston Smith International Airport,
Ambassador Room
mode ofdelivery, shall be returned totopened.
RESPONDENT NAME:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB
NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY
NAME AND ADDRESS.
MAILING ADDRESS:
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT OF NO Big'.
CITY — STATE — ZIP:
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
TELEPHONE NO:
RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE
IN THE BEST INTEREST OF THE CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO:
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
E-MAIL:
MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY
COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5)
BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT.COM
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
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.
By my signature 1 certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or
person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further
agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of
action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular
commodity(s) or service (s) purchased or acquired by the City of Lubbock At the City's discretion, such assignment shall be made and become effective
at the time the City tenders final payment to the vendor.
Authorized Signature Title
Print/Type Name
Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
iTB#06-004-BM.doc
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
STD FORM
Landscape Maintenance Services at L.P.S.I.A. - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 06-004-BM
In compliance with the Invitation to Bid # 06-004-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 # 06-004-
BM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITEM
SERVICE LOCATION
Monthly
Contract Rate
Annual Contract
Rate
1.
Landscape Maintenance for area covered under Exhibit A, as specified herein.
$
X 12
$
2.
Landscape Maintenance for area covered under Exhibit B, as specified herein.
$
X 12
$
3.
1 Landscape Maintenance for area covered under Exhibit C, as specified herein.
$
X 12
$
TOTAL
BID (Total Annual Contract Price)
$
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _calendar days. Discounts will not be
considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the
successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for
prompt payment requiring payment by the City within a stipulated number of days will be interpreted as 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 FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most
favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally
obtained by the Bidder on the sate of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If
at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products
of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all
deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual
agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act
(Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate
on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should
these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing
would apply?
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.
THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of
or a partnership consisting of
of the City of Firm:
or an individual trading as
Address: City: State: Zip
"BE Finn: I I Woman
Black American I Native American
Asian Pacific American I OtheriSnecifvl
By Date:
Authorized Representative - must sign by hand
Officer Name and Title:
Please Print
Business Telephone Number FAX:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
ITB#06-004-BM.doc 2
ITB0"04-8M, Landscape Maintenance Services at LPSIA-Annual Pricing
Landscape Maintenance Services at L.P.S.I.A. — Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 06-004-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
I BID DELIVERY, TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Landscape Maintenance
Services at L.P.S.I.A. — Annual Pricing per the attached specifications. Sealed bids will be received no
later than 2:00 p.m. CST, February 9, 2006, if date/time stamped on or before 2:00 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 # 06-004-BM, Landscape Maintenance Services at L.P.S.I.A. — Annual Pricing " AND THE
BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY
NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE Ok CONTAINER. Bids must
be addressed to:
Victor Kilman, Director of Purchasing & Contract Management
City of Lubbock
1625 13th Street, Room 204
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. The City of
Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent
who fails to deliver in accordance with the time and receiving point specified.
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. The Bid Form
must be completed in blue or black ink or by typewriter.
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.
t 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 meeting will be held at
10:60 A.M.. January 24, 2006, in the Lubbock Preston Smith International Airport Ambassador Room,
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.
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
ITB#06-004-BM.doc 3
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA
Coordinator, 1625 13th Street, (806)775-2018 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 is the
bidder's resnonsibility to advise the City of Lubbock Purchasing Manager if any lanauaee. requirements.
etc., or any_ combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a
sinele source. Such notification must be submitted in writing and must be received by the Purchasing
Manager 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 (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Bruce MacNair, Senior Buyer BMacnai cumvlubbock.us
City of Lubbock
1625 13'' Street
Lubbock, Texas 79401
Fax: (806) 775-2164
RFPDepot: httn://www.RFPdcpot.com
4 ADDENDA & MODIFICATIONS
4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at http://www.RFPdoot.com. We strongly suggest that you check for any addenda a
minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
INTERNET ACCESS may use computers available at most public libraries.
4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an
interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the
Purchasing Department deems the interpretation to be substantive, the interpretation will be made by
written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing
Department will be available over the Internet at h=://www.RFPdet)ot.com and will become part of the
proposal package having the same binding effect as provisions of the original ITB. 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.
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.
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.
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.
ITB#06-004-W.doc 4
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
6 BID SUBMITTAL
6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE
PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO
SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED
UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original
must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY".
6.2 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. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR
BY TYPEWRITER.
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 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The
number of calendar days required to place the materials in the City's receiving point under normal
conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery
days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days
better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises
may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid
reason may cause removal from the bid list.
6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not
be considered.
6.7 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.
6.8 If there are any additional charges of any kind, other than those mentioned above, specified or
unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment
for such items.
6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING
DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
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. Also, should a bidder bid an alternate, any test costs to prove
equality of product will be at the expense of the bidder, not the City of Lubbock.
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.
8 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
ITW6-004-8M.doc 5
IT13#06-004-13M, Landscape Maintenance Services at LPSIA-Annual Pricing
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.
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:
a) The purchase price;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City,
ITB#06-004-BM.doc 6
ITB#06-004-9M, Landscape Maintenance Services at LPSIA-Annual Pricing
f) 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;
g) The total long-term cost to the City to acquire goods or services; and
h) Any relevant criteria specifically listed in the Invitation to Bid.
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.
13.6 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.
13.7 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.
13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are
those that have, in the sole judgment of the City, the financial ability, experience, resources, skills,
capability, reliability and business integrity necessary to perform the requirements of the contract. The
City may also consider references and financial stability in determining a responsible Bidder.
13.9 In order to assure adequate coverage for remote locations throughout the City, the City may make
multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in
the best interest of the City. Cost and location will be used in making this determination. 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.
14 EQUAL EMPLOYMENT OPPORTUNITY
14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terns 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 is 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
IT0#06-004-8M.doc 7
ITB#06-004BM, Landscape Maintenance Services at IPSIA-Annual Pricing
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 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 service specified 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:
a) The ability, capacity, skill, and financial resources to perform the work or provide the service
required;
b) 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;
c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his
Subcontractor;
d) The quality of performance of previous contracts or services.
17 ANTI -LOBBYING PROVISION
17.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD,
BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY
DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL
OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS,
INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY.
17.2 This provision is not meant to preclude bidders from discussing other matters with City Council members
or City staff. This policy is intended to create a level playing field for all potential bidders, assure that
contract decisions are made in public, and to protect the integrity of the bid process. Violation of this
provision may result in rejection of the bidder's bid.
18 BONDS, INSURANCE AND INDEMNITY
18.1 No bonds are required to be submitted with this bid.
ITB#06-004-BM.doc 8
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
18.2 The successful bidder shall meet the minimum insurance requirements as defined in Section II. A City of
Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must
accompany each bid.
18.3 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 there from, 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 there from 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.
19 UTILIZATION OF LOCAL BUSINESS RESOURCES
The City desires, as much as practicable, to stimulate growth in all sectors of the local business community.
Bidders are strongly encouraged to explore and implement methods for the utilization of local resources.
20 PROTEST
20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing
Manager within five (5) business days following the opening of bids. This includes all protests relating to
advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local
Government Code, as well as any protest relating to alleged improprieties with the bidding process.
This limitation does not include protests relating to staff recommendations as to award of this bid.
Protests relating to staff recommendations may be directed to the City Manager.
All staff recommendations will be made available for public review prior to consideration by the City
Council as allowed by law.
20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER
OF ANY PROTEST.
21 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
21.1 Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any
real property, personal property that is not affixed to real property, or services, if a municipality receives
one or more competitive sealed bids from a bidder whose principal place of business is in the municipality
and whose bid is within five percent of the lowest bid price received by the municipality from a bidder
who is not a resident of the municipality, the municipality may enter into a contract with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the municipality if the governing body of the
municipality determines, in writing, that the local bidder offers the municipality the best combination
of contract price and additional economic development opportunities for the municipality created by
the contract award, including the employment of residents of the municipality and increased tax
revenues to the municipality.
21.2 This section does not apply to the purchase of telecommunications services or information services, as
those terms are defined by47 U.S.C. Section 153.
21.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility
22 CONTRACT TERM AND PRICING
22.1 The contract shall be for a term of one-year, said date of terns beginning upon City Council date of formal
approval. The City and Contractor may, upon written mutual consent, extend the contract for two
additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage
78#06-004-Wdoc 9
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI),
whichever 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 rate for all
items. If agreement cannot be reached, the contract is terminated at the end of the current contract period.
22.2 Listed quantities are estimates only. Actual quantities may vary dependent upon usage/requirement.
The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us
know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your
participation so that all responsible vendors can compete for the City's business. Awards should be made approximately
two to six weeks after the opening date. Ifyou have any questions, please contact the City of Lubbock Purchasing Manager
at (806) 775-2165.
ITB#06-004-BM.doc 10
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
Landscape Maintenance Services at LPSIA-Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 06-004-BM
II. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance
Certificate, along with a copy of the additional insured endorsement, 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.
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.
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):
Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section
406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract
and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said
coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal
of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor
may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy
must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK.
The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than
$500,000.
Commercial General (public) Liability — Contractor's insurance shall contain broad form contractual liability with a
combined single limit of a minimum of $500,000 each occurrence and in the aggregate.
Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $500,000 per occurrence,
and include coverage for, but not be limited to the following:
Any Auto
ADDITIONAL POLICY ENDORSEMENTS
Contractor agrees to waive its right of recovery against the City of Lubbock for all claims and suits against the City of
Lubbock, which are or may be covered by the above -described insurance coverages. In addition, its insurers, through policy
endorsement, waive their right of subrogation against the City of Lubbock for all claims and suits. The certificate of
insurance must reflect waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers
also waive their right of subrogation against the City of Lubbock for loss of its owned or leased property under its care,
custody, or control. Contractor's insurance policies through policy endorsement must include wording, which states that the
policy shall be primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate
of insurance must reflect that the above wording is included in evidenced policies. All policies required above (excluding
ITB#06.004-13M. doc 11
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
Workers' Compensation) shall include a severability of interest endorsement and shall name the City as a primary additional
insured with respect to work performed under this agreement. Severability of interest naming the City of Lubbock, as
primary additional insured shall be indicated on the certificate of insurance.
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 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:
Name the City of Lubbock and its officers, employees, and elected representatives as primary additional insureds, (as the
interest of each insured may appear) as to all applicable coverage;
Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
Provide for notice to the City at the address shown below by registered mail;
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;
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.
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 — Director of Purchasing & Contract Management
City of Lubbock
1625 1P Street, Room 204
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.
ITB#06-004-BM.doc 12
ITB#06-004BM, Landscape Maintenance Services at LPSIA-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:
Name of Agent/Broker:
Address of Agent/Broker:
City/State/Zip:
Agent/Broker Telephone Number: ( )
Date:
Contractor (Print)
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.
ITB#06-004-BM.doc 13
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
III. 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
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
understands and agrees that the City is under no obligation to the Contractor to buy any amount of the services as a
result of having provided this estimate or of having any typical or measurable requirement in the past. The Contractor
further understands and agrees that the City may require services in an amount less than or in excess of the estimated
annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate,
shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity
actually used. 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.
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.
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. 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 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 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.
6 Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfilhnent of any terms
of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood.
ITB#06-004-13M.doc 14
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
7 Assignment-Dele ag tion: 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.
8 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.)
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.
13 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.
14 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.
ITB#06-004-BM.doc 15
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
Landscape Maintenance Services at LPSIA-Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 06-004-BM
IV. Contract Specifications
Maintenance Standards
General: Successful Contractor shall have five days from receipt of Notice to Proceed to commence contract
maintenance activities. The decision to end the maintenance season (mowing and other seasonal activities)
shall be made by the Owner's Representative. The Contractor shall be notified of the City's decision by letter.
The designated Owner's Representative for contract oversight and coordination is the Airfield Supervisor, Mr.
Kirby Hurta.
The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all
alleys adjoining the site, and extending two -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 plant beds.
Contractor shall provide all equipment, trained personnel, and materials for the performance of this contract.
This includes but is not limited to vehicles, mowers, edgers, cutters, clippers, hose, irrigation equipment
(fixed Ft portable), plants, fertilizer, sprays, etc. Contractor shall be responsible for any damage resulting
from his work. This might include vehicle damage (such as damaged glass or paint) from thrown rocks or
debris, or damage to vegetation (trees, plants, shrubs) that are damaged during the performance of this
contract.
Mowin : The Owner's Representative will advise the contractor when to commence mowing activities for the
season. Thereafter, mowing frequency will be determined by the contractor based on the height of the grass.
Grass height will not exceed four -inches. Clippings will not be bagged, and all hardscapes shall be cleaned
after each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be reel
mowers or turf type full flotation rotary mowers and shall be approved by the Owner's Representative.
Edging: All sidewalks, curbed plant material beds, shall be edged to a depth of one -inch and all non -curbed
plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed
concurrently with mowing at each site. Chemical edging is not permitted.
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. All
trimming will be accomplished so as not to damage trees, shrubs, etc. All surfaces, streets, and parking areas
must be kept free of grass, weeds, and debris. This task must be completed within 24-hours of the mowing.
Flowering Plants & Beds: Flower beds around airport signage (including the Airport Entrance sign at Regis Ft
MLK) along Terminal Drive (Martin Luther King Blvd. (MLK) and in front of the main terminal will be planted
with flowering (blooming) plants that provide a colorful and attractive appearance. This appearance can be
provided by a single variety or multiple varieties. These beds will be planted as frequently as necessary but
not less than four -times a year to ensure a full appearance. The contractor will ensure that all plants are
healthy and that unhealthy plants are removed and replaced within two -hours of identification. Responsibility
for other required maintenance of all beds will also rest with the contractor.
irrigation: All required irrigation systems will be operational when the systems are turned over to the
contractor. They will be returned in operational condition at the termination of the contract. It will be the
Dept. of Aviation's responsibility to maintain the irrigation system in operational condition. It will be the
contractor's responsibility to repair any damage to the irrigation system caused by contractor's activities,
such as damage by mowers. It will be the contractor's responsibility to ensure that all turf, foliage, trees, and
plants are adequately irrigated by either automated systems or by hand. Changes to the operation of the
IT13#06-004-Wdoc 16
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
system will be coordinated between the contractor and the Owner's Representative. Any operational
problems with the irrigation system will be promptly reported to the owner's Representative.
Pruning: The contractor shall maintain all foliage, trees, shrubs, and plants that require pruning. Pruning will
be at a minimum of one-time per year as appropriate for the plant type. Pruning will be coordinated in
advance with the Owner's Representative.
General Grounds Maintenance: The contractor shall maintain all grounds identified in Exhibits A, B Et C. These
areas will be maintained free of litter, irrigated, mowed, edged and have applied as required weed and pest
control. Litter will be picked up by 10:00 a.m. daily. No litter or weeds will be thrown over the airfield
perimeter fence. Foliage in this area will be maintained with a preventative maintenance program of weed
and pest control with applications at a minimum of three times per year. Foliage in these areas will be
fertilized as required (minimum of three -times per year).
Exhibit A Area: The parking lot operator is responsible for litter control in the paid parking lot and the parking
structure.
Exhibit B Area: During the term of the contract the Department of Aviation may add additional plantings,
shrubs, or trees along MLK.
Exhibit C Area: The area immediately in front of the FAA Flight Standards District Office (FSDO) area of the
old terminal is included in this contract. The trees and turf along Independence Street (west of Cedar St.)
including the median are included in this contract. The Silent Wings Museum is making their own
arrangements for their landscaping needs.
Invoicins.: No backdating of invoices allowed. Invoices will be submitted to the City no earlier than the last
business day of the month for which services are being invoiced. Invoices will clearly state the month for
which services are being invoiced.
ITB#06-004-BM.doc 17
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
............
• .
MUM
• • . •
al11NINN1�H�11.
• • • • •
• • • • •
•
:•
••
��WWI& ININ �
••• •
• • • •
••
Q,
• •
•0 • • • • • • • • • • • •
•
• • •
•
%•
• •
• • • • • • • •
• • • • •
• • • • • • •
• • • • •
• • • • • • • • • • • • • • • • • • • •
• • • • •
•:•
• • • • • • • • • • • • ••• • • • • • ♦ ....
• • • • •
••
• • • • • • • • • • • • • •• • • • • • • • • • • •
• • • • • •
• • • • •
• • • • • •
• •
• . •
• •
• •
Lubbock Intemotional . Airport •
Landscape Maintelnance Service• •,
Exhibit A • • •
Contmotor skaq pick up all troeh along the el&malk • • •
In front of the terminal • . •
ITW6-004-8M.doc 18
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
ITB#06-004•BM.doc 19
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
�r Lubbock International Airport..
Landscape Maintenance Services
M7 Exhibit C
ITB#06-004-BM.doc 20
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
CITY OF LUBBOCK, TEXAS
STATEMENT OF NO BID
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. If you do not intend to bid on this requirement, please complete and return this form orior to
date shown for receipt of bid to: Victor Kilman, Purchasing & Contract Manager, City of Lubbock, P.O. Box 2000,
Lubbock, Texas 79457.
We, the undersigned, have declined to bid on your ITB #06-004-BM for the following reason(s):
Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain reason below)
Specifications unclear. (Please explain below)
Insufficient time to respond to Invitation to Bid.
We do not offer this products or equivalent. (If you wish to remain on bidders list for other commodities and/or
services, please state particular product and/or service under which you wish to be classified.)
Our product schedule would not permit us to perform.
Unable to 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. (Please explain below)
Other (Please speck below)
REMARKS:
Company Name:
Address:
City: State: Zip
Contact Name: Title:
Business Telephone Number FAX:
Internet Address:
Company's Internet Web Page URL:
ITB#06-004-BM. doc 21
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from
contracting with or making sub -awards under covered transactions to parties that are suspended or
debarred or whose principals are suspended or debarred. Covered transactions include procurement
contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions
(e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that
their organization and its principals are not suspended or 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.
COMPANY NAME:
Signature of Company Official:
Date Signed:
Printed name of company official signing above:
ITBH06-004-BM.doc 22
IT8N08-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
City of Lubbock
Consideration of Location of Bidder's Principal Place of Business
Affidavit of Eligibility
Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this tide any real property, personal
property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder
whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the
municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with:
(1) the lowest bidder, or
(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in
writing, that the local bidder offers the municipality the best combination of contract price and additional economic
development opportunities for the municipality created by the contract award, including the employment of residents of the
municipality and increased tax revenues to the municipality.
This section does not apply to the purchase of tel000mmunications services or information services, as those terms are defined by 47
U.S.C. Section 153.
In order to receive consideration, bidders must submit this affidavit to:
Victor Kilman, Director of Purchasing & Contract Management
City of Lubbock
1625 13'h Street, Room 204
Lubbock, TX 79401
Complete all areas below. Incomplete affidarrlls may be)re�jected /►
Local Business Name: Cb *"" 4-VWl T 1 LQ L.! ✓t C.Q.1'L
Local Address (must be within the City limits): 5944 f 413 �1 � :5 A (C�t4 to
Address of the company's principal place of business within the United States: 140 FM 75-Y - L"b b.-I, T,c 714,.7
1. How many residents of the City of Lubbock are employed at the above business location?
2. Year your business was established in the City of Lubbock: 2,041
3. For transactions that require sales tax, provide the following Reseller information:
Reseller Permit Number. / 75- ?& 546 21-- Z
Company Name and Address (as it appears annpermit):
�Ort-�e r Fer4 t ( r%r ¢ /i--te-J Co., H+`ur tA--F /dL r
/413 F A4 Z378
Lvbhoa L. —1 y, ?9�Fa7
4. Does your business have more than one office in the State of Texas? Yes X No
If Yes, identify the office location considered as the point -of sale credit for sales tax purposes:
5. Was the local business required to pay business and/or real property tax for the most recent tax year?
_e_ Yes No // [
If Yes, did the local business pay any of this tax to the City of Lubbock? k Yes No1{3 Ta><
Under penalty of perjury, the undcnigned states that the foregoing statements we true and career It is further acknowledged that any tenon, firm,
corporation or entity intentionally submitting false information to the City in an au®npt to qualify for eligibility shall be prohibited from bidding on City
of Lubbock products and services for a period of one (I) year.
Authorized Signature: j Date:
Printed Name and Tide: cG e- C-, ems ra l M4,�.e
4
ITB#06-004-Bkdoc 23
M3#06-004-8M, Landscape Maintenance Services at LPSIA-Artnual Pricing
CITY OF LUBBOCK
NON -COLLUSION AFFIDAVIT
STATE OF TEXAS
ss
LUBBOCK COUNTY
S•-c, I I M K 1 being first duly sworn, on his/her oath,
says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest
or on behalf of any person not therein named; and s/he further says that the said bidder has not directly
induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person
or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion
to secure to self an advantage over any other bidder or bidders.
Cpw *I U IL I �r LC�
NAME OF FIRM
S10AYURE OF BIDDER
TITLE
and swor before me this L day of � � 2006
/ i
Notary Public in and for t�i�► State
of Texas residing at vv
Ave-
7
TE9tSA ,Nf� LLL
April 1, 2Qtto
NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH ME BID/PROPOSAL
ITB#06-004-I3M.doc 24
City of Lubbock
PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BUILDING
1625 13T" STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://purchasing.ci.lubbock.tx.us
ITB# 06-004-BM, Addendum #1
ADDEND Ulf V
ITB # 06-004-BM
Landscape Maintenance Services at L.P.S.I.A. —
Annual Pricing
DATE ISSUED: February 7, 2006
OLD CLOSE DATE: February 9, 2006 @ 2:00 P.M. C.S.T.
NEW CLOSE DATE: February 14, 2006 @ 2:00 P.M. C.S.T.
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. Bid due date and time are CHANGED from February 9, 2006 @ 2:00 P.M. C.S.T. to February 14, 2006 @ 2:00
P.M. C.S.T.
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 }mylubbock.us
THANK YOU,
CITY OF LUBBOCK
(:::� �--z '�, �'-
Bruce MacNair
Senior Buyer
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 City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations
thereoff, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted
in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A
review of such notifications will be made.
ITB#06-004-BMAd 1.doc
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
SUBMIT TO:
z Y o
CITY OF LUBBOCK
'
CITY OF LUBBOCK, TEXAS
Purchasing & Contract Management
r� 11
1625 1 P Street, Rm 204
Lubbock, Tx 79401-3830
AN EQUAL INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Bruce MacNalr
EMPLOYER #06-004-BM
TEL: 806.775.2167
FAX: 806.775.2164
http://purchasing.ci.lubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
Landscape Maintenance Services at L.P.S.I.A. - Annual Pricing
February 9, 2006 C 2:00 P.M. CST
PRE BID DATE, TIME AND LOCATION: January 24, 2006 C 10:00 A.M.,
Anv bids received a%ter the time and date listed above. regardless ojthe
Lubbock Preston Smith international Airport,
Ambassador Room
mode ojdelivery, shall be returned unopened,
RESPONDENT NAME:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB
NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY
NAME AND ADDRESS.
MAILING ADDRESS:
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT OF NO BID".
CITY — STATE — ZIP:
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
TELEPHONE NO:
RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE
IN THE BEST INTEREST OF THE CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO:
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
E-MAIL:
MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY
COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5)
BUSINESS DAYS PRIORTO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT.COM
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
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.
By my signature 1 certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or
person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further
agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of
action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular
commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective
at the time the City tenders final payment to the vendor.
Authorized Signature
Title
PrinvType Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
ITB#06-004-BM.doc
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
BID FORM
Landscape Maintenance Services at L.P.S.I.A. - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 06-004-BM
In compliance with the Invitation to Bid # 06-004-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 # 06-004-
BM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITEM
SERVICE LOCATION
Monthly
Contract Rate
Annual Contract
Rate
1.
Landscape Maintenance for area covered under Exhibit A, as specified herein.
$
X 12
$
2.
Landscape Maintenance for area covered under Exhibit B, as specified herein.
$
X 12
$
3.
Landscape Maintenance for area covered under Exhibit C, as specified herein.
$
X 12
$
TOTAL
BID (Total Annual Contract Price) I
$
PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be
considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the
successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for
prompt payment requiring payment by the City within a stipulated number of days will be interpreted as 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 FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most
favoured customer, for like quality and quantity of the 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 tower price(s) on all
deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual
agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act
(Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate
on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should
these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing
would apply?
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 materiaWservices 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 materiaWservice as needed
THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of
or a partnership consisting of
of the City of
or an individual trading as
Address: City: State: Zip
M/WBE Firm:
By Date:
Authorized Representative - must sign by hand
Officer Name and Title:
Please Print
Business Telephone Number FAX:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
IT8#06-004-BM.doc 2
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
Landscape Maintenance Services at L.P.S.I.A. — Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 06-004-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 Landscape Maintenance
Services at L.P.S.I.A. — Annual Pricing per the attached specifications. Sealed bids will be received no
later than 2:00 p.m. CST, February 9, 2006, if date/time stamped on or before 2:00 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 # 06-004-BM, Landscape Maintenance Services at L.P.S.I.A. — 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, Director of Purchasing & Contract Management
City of Lubbock
1625 13th Street, Room 204
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. The City of
Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent
who fails to deliver in accordance with the time and receiving point specified.
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. The Bid Form
must be completed in blue or black ink or by typewriter.
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.
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 meeting will be held at
10:00 A.M., January 24, 2006, in the Lubbock Preston Smith International Airport Ambassador Room.
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.
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
713Il06-004-13M.doc
IT13#06-004-13M, Landscape Maintenance Services at LPSIA-Annual Pricing
available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA
Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference.
CLARIFICATION OF REQUIREMENTS
3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the
bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements
etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a
single source. Such notification must be submitted in writing and must be received by the Purchasing
Manager 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 (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Bruce MacNair, Senior Buyer BMacnair( mylubbock.us
City of Lubbock
1625 13`h Street
Lubbock, Texas 79401
Fax: (806) 775-2164
RFPDepot: http://www.RFPdeyot.com
ADDENDA & MODIFICATIONS
4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at httt)://www.RFPftot.com. We strongly suggest that you check for any addenda a
minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
INTERNET ACCESS may use computers available at most public libraries.
4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an
interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the
Purchasing Department deems the interpretation to be substantive, the interpretation will be made by
written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing
Department will be available over the Internet at hqp://www.RFPdepot.com and will become part of the
proposal package having the same binding effect as provisions of the original ITB. 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.
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.
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.
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.
ITW6-004-Wdoc 4
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
6 BID SUBMITTAL
6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE
PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO
SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED
UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original
must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY".
6.2 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. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR
BY TYPEWRITER.
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 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The
number of calendar days required to place the materials in the City's receiving point under normal
conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery
days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days
better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises
may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid
reason may cause removal from the bid list.
6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not
be considered.
6.7 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.
6.8 If there are any additional charges of any kind, other than those mentioned above, specified or
unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment
for such items.
6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING
DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
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. Also, should a bidder bid an alternate, any test costs to prove
equality of product will be at the expense of the bidder, not the City of Lubbock.
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.
S 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
ITBtl06-004-BM.doc
IT13#06.004-13M, Landscape Maintenance Services at LPSIA-Annual Pricing
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 Goverment Code, then such
information will be made available to the requester.
8.3 Marking your entire bid CONFIDENTIALTROPRIETARY 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:
a) The purchase price;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City;
ITI3#06.004-13M. doc 6
ITB#06-004-8M, Landscape Maintenance Services at LPSIA-Annual Pricing
f) 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;
g) The total long-term cost to the City to acquire goods or services; and
h) Any relevant criteria specifically listed in the Invitation to Bid.
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.
13.6 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.
13.7 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.
13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are
those that have, in the sole judgment of the City, the financial ability, experience, resources, skills,
capability, reliability and business integrity necessary to perform the requirements of the contract. The
City may also consider references and financial stability in determining a responsible Bidder.
13.9 In order to assure adequate coverage for remote locations throughout the City, the City may make
multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in
the best interest of the City. Cost and location will be used in making this determination. 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.
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 is 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
ITB#06-004-BM.doc 7
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
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 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 service specified 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:
a) The ability, capacity, skill, and financial resources to perform the work or provide the service
required;
b) 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;
c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his
Subcontractor;
d) The quality of performance of previous contracts or services.
17 ANTI -LOBBYING PROVISION
17.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD,
BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY
DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL
OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS,
INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY.
17.2 This provision is not meant to preclude bidders from discussing other matters with City Council members
or City staff. This policy is intended to create a level playing field for all potential bidders, assure that
contract decisions are made in public, and to protect the integrity of the bid process. Violation of this
provision may result in rejection of the bidder's bid.
18 BONDS, INSURANCE AND INDEMNITY
18.1 No bonds are required to be submitted with this bid.
IT13#06-004-W.doc 8
IT13#06-004-13M, Landscape Maintenance Services at LPSIA-Annual Pricing
18.2 The successful bidder shall meet the minimum insurance requirements as defined in Section II. A City of
Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must
accompany each bid.
18.3 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 there from, 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 there from 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.
19 UTILIZATION OF LOCAL BUSINESS RESOURCES
The City desires, as much as practicable, to stimulate growth in all sectors of the local business community.
Bidders are strongly encouraged to explore and implement methods for the utilization of local resources.
20 PROTEST
20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing
Manager within five (5) business days following the opening of bids. This includes all protests relating to
advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local
Government Code, as well as any protest relating to alleged improprieties with the bidding process.
This limitation does not include protests relating to staff recommendations as to award of this bid.
Protests relating to staff recommendations may be directed to the City Manager.
All staff recommendations will be made available for public review prior to consideration by the City
Council as allowed by law.
20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER
OF ANY PROTEST.
21 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
21.1 Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any
real property, personal property that is not affixed to real property, or services, if a municipality receives
one or more competitive sealed bids from a bidder whose principal place of business is in the municipality
and whose bid is within five percent of the lowest bid price received by the municipality from a bidder
who is not a resident of the municipality, the municipality may enter into a contract with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the municipality if the governing body of the
municipality determines, in writing, that the local bidder offers the municipality the best combination
of contract price and additional economic development opportunities for the municipality created by
the contract award, including the employment of residents of the municipality and increased tax
revenues to the municipality.
21.2 This section does not apply to the purchase of telecommunications services or information services, as
those terms are defined by 47 U.S.C. Section 153.
21.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility.
22 CONTRACT TERM AND PRICING
22.1 The contract shall be for a term of one-year, said date of term beginning upon City Council date of formal
approval. The City and Contractor may, upon written mutual consent, extend the contract for two
additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage
ITB#06-004-BM.doc 9
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI),
whichever 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 rate for all
items. If agreement cannot be reached, the contract is terminated at the end of the current contract period.
22.2 Listed quantities are estimates only. Actual quantities may vary dependent upon usage/requirement.
The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us
know of any bid requirement causing you difculty in responding to our Invitation to Bid. We want to .facilitate your
participation so that all responsible vendors can compete for the City's business. Awards should be made approximately
two to six weeks after the opening date. Ifyou have any questions, please contact the City of Lubbock Purchasing Manager
at (806) 775-2165.
ITB#06-ON-BM.doc 10
ITB#06-004-BM, Landscape Maintenance Services at LPS1A-Annual Pricing
Landscape Maintenance Services at LPSIA-Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 06-004-BM
Il. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance
Certificate, along with a copy of the additional insured endorsement, 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.
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.
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):
Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section
406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract
and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said
coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal
of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor
may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy
must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK.
The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than
$500,000.
Commercial General (public) Liability — Contractor's insurance shall contain broad form contractual liability with a
combined single limit of a minimum of $500,000 each occurrence and in the aggregate.
Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $500,000 per occurrence,
and include coverage for, but not be limited to the following:
Any Auto
ADDITIONAL POLICY ENDORSEMENTS
Contractor agrees to waive its right of recovery against the City of Lubbock for all claims and suits against the City of
Lubbock, which are or may be covered by the above -described insurance coverages. In addition, its insurers, through policy
endorsement, waive their right of subrogation against the City of Lubbock for all claims and suits. The certificate of
insurance must reflect waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers
also waive their right of subrogation against the City of Lubbock for loss of its owned or leased property under its care,
custody, or control. Contractor's insurance policies through policy endorsement must include wording, which states that the
policy shall be primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate
of insurance must reflect that the above wording is included in evidenced policies. All policies required above (excluding
ITB#06.004-BM.doc 11
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
Workers' Compensation) shall include a severability of interest endorsement and shall name the City as a primary additional
insured with respect to work performed under this agreement. Severability of interest naming the City of Lubbock, as
primary additional insured shall be indicated on the certificate of insurance.
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 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:
Name the City of Lubbock and its officers, employees, and elected representatives as primary additional insureds, (as the
interest of each insured may appear) as to all applicable coverage;
Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
Provide for notice to the City at the address shown below by registered mail;
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;
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.
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 — Director of Purchasing & Contract Management
City of Lubbock
1625 1 P Street, Room 204
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.
ITB#06-004-BM.doc 12
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-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 (Print)
CONTRACTOR'S NAME:
(Print or Type)
CONTRACTOR'S ADDRESS:
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) 775-2165.
IT13#06-004•13M.doc 13
IT13#06-004-13M, Landscape Maintenance Services at LPSIA-Annual Pricing
III. 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
shall mean the City of Lubbock.
Reguirements 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
understands and agrees that the City is under no obligation to the Contractor to buy any amount of the services as a
result of having provided this estimate or of having any typical or measurable requirement in the past. The Contractor
further understands and agrees that the City may require services in an amount less than or in excess of the estimated
annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate,
shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity
actually used. 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 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.
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. 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 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 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.
6 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.
ITB#06-004• BM. doc 14
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
7 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.
S 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.)
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.
13 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.
14 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 andlor reuse as much as is possible, waste materials; and incorporate into project design energy
efficient fixtures, appliances and mechanical equipment.
ITB#06-004-BM.doc 15
ITB#06-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
Landscape Maintenance Services at LPSIA-Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 06-004-BM
IV. Contract Specifications
Maintenance Standards
General: Successful Contractor shall have five days from receipt of Notice to Proceed to commence contract
maintenance activities. The decision to end the maintenance season (mowing and other seasonal activities)
shall be made by the Owner's Representative. The Contractor shall be notified of the City's decision by letter.
The designated Owner's Representative for contract oversight and coordination is the Airfield Supervisor, Mr.
Kirby Hurta.
The areas to be serviced for each site include all right of ways adjoining the site and to the centerline of all
alleys adjoining the site, and extending two -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 plant beds.
Contractor shall provide all equipment, trained personnel, and materials for the performance of this contract.
This includes but is not limited to vehicles, mowers, edgers, cutters, clippers, hose, irrigation equipment
(fixed £t portable), plants, fertilizer, sprays, etc. Contractor shall be responsible for any damage resulting
from his work. This might include vehicle damage (such as damaged glass or paint) from thrown rocks or
debris, or damage to vegetation (trees, plants, shrubs) that are damaged during the performance of this
contract.
Mowing: The Owner's Representative will advise the contractor when to commence mowing activities for the
season. Thereafter, mowing frequency will be determined by the contractor based on the height of the grass.
Grass height will not exceed four -inches. Clippings will not be bagged, and all hardscapes shall be cleaned
after each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be reel
mowers or turf type full flotation rotary mowers and shall be approved by the Owner's Representative.
Edging: All sidewalks, curbed plant material beds, shall be edged to a depth of one -inch and all non -curbed
plant beds shall be edged to a depth necessary to achieve appropriate results. All edging shall be performed
concurrently with mowing at each site. Chemical edging is not permitted.
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. All
trimming will be accomplished so as not to damage trees, shrubs, etc. All surfaces, streets, and parking areas
must be kept free of grass, weeds, and debris. This task must be completed within 24-hours of the mowing.
Flowering Plants Et Beds: Flower beds around airport signage (including the Airport Entrance sign at Regis Et
MLK) along Terminal Drive (Martin Luther King Blvd. (MLK) and in front of the main terminal will be planted
with flowering (blooming) plants that provide a colorful and attractive appearance. This appearance can be
provided by a single variety or multiple varieties. These beds will be planted as frequently as necessary but
not less than four -times a year to ensure a full appearance. The contractor will ensure that all plants are
healthy and that unhealthy plants are removed and replaced within two -hours of identification. Responsibility
for other required maintenance of all beds will also rest with the contractor.
Irrigation: All required irrigation systems will be operational when the systems are turned over to the
contractor. They will be returned in operational condition at the termination of the contract. It will be the
Dept. of Aviation's responsibility to maintain the irrigation system in operational condition. It will be the
contractor's responsibility to repair any damage to the irrigation system caused by contractor's activities,
such as damage by mowers. It will be the contractor's responsibility to ensure that all turf, foliage, trees, and
plants are adequately irrigated by either automated systems or by hand. Changes to the operation of the
ITB#06.004-BM.doc 16
IT13#06-004-13M, Landscape Maintenance Services at LPSIA-Annual Pricing
system will be coordinated between the contractor and the Owner's Representative. Any operational
problems with the irrigation system will be promptly reported to the owner's Representative.
Prunin : The contractor shall maintain all foliage, trees, shrubs, and plants that require pruning. Pruning will
be at a minimum of one-time per year as appropriate for the plant type. Pruning will be coordinated in
advance with the Owner's Representative.
General Grounds Maintenance: The contractor shall maintain all grounds identified in Exhibits A, B Et C. These
areas will be maintained free of litter, irrigated, mowed, edged and have applied as required weed and pest
control. Litter will be picked up by 10:00 a.m. daily. No litter or weeds will be thrown over the airfield
perimeter fence. Foliage in this area will be maintained with a preventative maintenance program of weed
and pest control with applications at a minimum of three times per year. Foliage in these areas will be
fertilized as required (minimum of three -times per year).
Exhibit A Area: The parking lot operator is responsible for litter control in the paid parking lot and the parking
structure.
Exhibit B Area: During the term of the contract the Department of Aviation may add additional plantings,
shrubs, or trees along MLK.
Exhibit C Area: The area immediately in front of the FAA Flight Standards District Office (FSDO) area of the
old terminal is included in this contract. The trees and turf along Independence Street (west of Cedar St.)
including the median are included in this contract. The Silent Wings Museum is making their own
arrangements for their landscaping needs.
Invoicing: No backdating of invoices allowed. Invoices will be submitted to the City no earlier than the last
business day of the month for which services are being invoiced. invoices will clearly state the month for
which services are being invoiced.
iTB#06-004-BM.doc 17
ITB#06-004BM, Landscape Maintenance Services at LPSIA-Annual Pricing
.............
......... ......
• • • • .
�plMl I •
••
•�
. • . •
- ---- ---- -------- ----------- -------
•
•
f• • • • • • • • •
• • •
•
• •' '• • • • • • • • • • It• • .. r ••
• • •
• •
• • • • r • • • • • • • • • • • • • . • •
• • •
• .
•
• • • • • • • • • • • • • • • •
• • • • •
•
•
• • r • • . • •
• • • • •
• • . • • • • • • • • • • • • • • . • •- • • .
• • • • • .
• • • • • • • • • • • • • • • . • • . • • • • . • •
. • • • •
• .
• . • . •
• • . • • .
• •
• • • •
•'
• •
• • • •
• •
. •
• • •
•
• •
• • •
Lubbock International, Airport '
Landscape Maintenance Services • • •
Exhibit A
Contractor ehal pick up oN trash along the cdewalk
In front of the terminal
ITB#06-004-BM.doc 18
iTB#06-004-BM, Landscape Maintenance Services at LPSIA-Annuai Pricing
ITBk06-004-BM.doc 19
1TBk6-004-BM, Landscape Maintenance Services at LPSIA-Annual Pricing
Lubbock International Airport..
Landscape Maintenance Services
Exhibit C
019
ITB#06-004-BM.doc 20