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HomeMy WebLinkAboutResolution - 2006-R0166 - Contract - Star Landscapes MTC - Mowing Services - 04_13_2006Resolution No. 2006-RO166 April 13, 2006 Item No. 5.17 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 mowing services for Water Facilities — annual pricing per ITB #06-006-BM, by and between the City of Lubbock and Star Landscapes MTC 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 13th day of April '2006. MCDOUGAL, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Sherry Stephens �- Chief Operating Officer, Water Utilities APPROVED AS TO FORM: Tohn M. Knight G' Assistant City Attorney gs/ccdocs/res-Star Landscapes MTC Contract March 27, 2006 4k ITB#06-006-BM, Contract Mowing Services for Water Facilities -Annual Pricing Resolution No. 2006-RO166 CITY OF LUBBOCK April 13, 2006 CONTRACT FOR SERVICES Item No. 5.17 Contract Mowing Services for Water Facilities -Annual Pricing Contract No. 6884. Bid No. 06-006-BM THIS CONTRACT, made and entered into this 13`s day of_April, 2006, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and ("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. 1 & 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. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. ITS#06-006-13M.doc 39 IT13#06-006-13M, Contract Mowing Services for Water Facilities -Annual Pricing Commercial General (public) Liability insurance, per occurrence, in an amount not less than $300,000, including Products and Completed Operations Personal and Advertising Injury Contractual Liability Automotive Liability insurance, per occurrence, in an amount not less than $100,000 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. 7. This Contract consists of the following documents set forth herein; Invitation to Bid #06-006-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. Executed in triplicate. CITY OF LUBBOC CONTRACTOR BY _ arc McDouga Mayor Aut rite 2epresentative ATTEST: Q,�,­1 __ , :�� Rcb ca Garza, City Secretary APPROVED AS TO FO !r City Attorney STAR LANDSCAPE MTC Address 4302 63`d Street Lubbock, TX. 79413 APPROVED AS TO CONTENT: Sherry Stephens, Chi perating Officer, Water Utilities ITS#06-006-13M.doc 40 r1t ITB#06-006-BM, Contract Mowing Services for Water Facilities -Annual Pricing SUBMIT TO: T . , CITY OF LUBBOCK `' 1 CITY OF LUBBOCK, TEXAS Purchasing & Contract Management 1625 13ei Street, Rm 204 Lubbock. Tx 79401-3830 AN EQUAL INVITATION rf o BID CONTACT PERSON: OPPORTUNITY Bruce MacNair EMPLOYER #06-006—BM TEL: 806.775.2167 FAX. 806.775.2164 htip:/,,purchasing.ci,lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Contract Mowing Services for Water Facilities - Annual Pricing February 23, 2006 (tea', 2:00 P.M. CST PRE BID DATE. TIME AND LOCATION: February 7, 2006 (a) 10:00 A.M., dny bids received after dre time and date listed above, reprdless ojthe Water Treatment Plant Training Room, 6001 N. Guava. Lubbock, TX mode ofdelivey, shall be returned unopened RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, T% THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: '7 IF RETURNING AS A "NO 819", 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 TIfE CITY. IT ISTHE 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 FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE 9 41/ 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 sate to the City of any supplies, equipment, material or articles purchas . Will any officer or employee of the City, or member of their immedialc 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 AUTHORMED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILLTtE TO E.3XCUTE 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 SLite of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. Al the City's discretion, such assignment shall be made and become effective at the time the gj4Acn*rs final payment to the vendor. Autir6rized Signature Title ,- P yes% �o�y Q, t Print•Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB#06-006-SM.doc ITB#06-006-BM, Contract Mowing Services for Water Facilities -Annual Pricing 1.7 Clean-up: All work shall be cleaned up and waste material removed from the site. No equipment shall be left at neighborhood area sites and all material shall be removed from the job site the same day of mowing. THE CITY REPRESENTATIVE REQUESTS THAT ANY BID RECEIVED IS BASED ON THE FACT THAT THE BIDDER HAS ACCOMPLISHED A SITE SURVEY OF THE PROPERTY AND THEY ACCEPT THE BID SPECIFICATIONS AS PROPER. THE CITY OF LUBBOCK WILL ISSUE THE CONTRACTORS AND THEIR EMPLOYEES, PHOTO IDENTITY CARDS TO BE WORN IN THE OPEN AT ALL TIMES WHILE THEY ARE ON CITY PROPERTY. THIS PHOTO IDENTITY CARD SHOULD BE WORN WHILE ON CITY PROPERTY ONLY. ALSO THE CONTRACTORS AND THEIR EMPLOYEES SHALL CALL THE CITY WATER DEPARTMENT CONTROL ROOM AT 775-3416 AND LET THEM KNOW OF YOUR ARRIVAL AND DEPARTURE FROM THE CITY PROPERTY. ANY VIOLATION OF THIS RUE MAY TERMINATE THE CONTRACT. LOST BADGES WILL BE REPLACED AT CONTRACTOR'S EXPENSE @ $25.00 PER BADGE. In making bid for Contract Turf Maintenance Mowing I hereby agree to and understand the following: 1. The bid is for the entire season, not just for one mowing. 2. All the yards will be mowed with some type of mowing equipment such as a mower or a shredder. 3. All sidewalks, reservoir, valve boxes and fencerows must be edged with a weed eater or an edger. 4. All valve box tops and sidewalks will be swept or cleaned -off after all mowing is completed. 5. Yards must be cleaned of papers, boxes and other trash before mowing. 6. After mowing, yard must be inspected and approved by a City employee before payment is made. 7. Contractor will be contacted by a City employee when yards require mowing. 8. 1 understand that some properties may have to be cut more frequently. 9. 1 understand this agreement is between the contractor and the Water Treatment Plant. 10. The bid is based on a unit -mowing price (one time charge), and the contractor will be paid for each time the property is mowed. 11. Bidder is required personally to inspect each of the listed property, prior to submitting his bid. Bidder will be required to sign off on his prior inspection. By not inspecting each property and signing off on the Inspection form, The city reserves the right void any bid submitted. 12. All work is schedule driven; therefore, the Contractor's work force and equipment needs shall vary throughout the contract's time period. The normal work schedule shall fall within the time frame of Monday through Friday, 8:00 a.m. to 5:00 p.m. Work on weekends, holidays, and nights shall be at the discretion of the Equipment Maintenance Supervisor. Should the Contractor find it necessary to work during this time, notice of his intention to do so shall be given to the Equipment Maintenance Supervisor or his Agent at least seventy-two hours prior to doing so. The City reserves the right to deny such work at such time. �I -1/ r!Ami�ili� EQUIPMENT MAINTENANCE SUPERVISOR OR AUTHORIZED AGENT IT13#06-006-13M.doc 17 NAME ADDRESS Water Treatment 6001 North Guava Plant Front Office Avenue Total Cycle Cost ITB#06-006-BM, Contract Mowing Services for Water Facilities -Annual Pricing CITY OF LUBBOCK ITB#06-006-BM Unit Pricing Contract Turf Maintenance CLASS -A AREAS AND PROPERTIES Annual Maint. Maint. Cycle Acreage Cycles Unit Extended (Approx) (Approx) U/M Cost 0.13 20 EA $ --� �Cost � $ — Q 0.13 Bidders Signaturelk-r �! Print�— Date: / 12008 MUM ITB#06-006-BM.doc 18 ITB#06-006-BM, Contract Mowing Services for Water Facilities -Annual Pricing THE CITY REPRESENTATIVE REQUESTS THAT ANY BID RECEIVED IS BASED ON THE FACT THAT THE BIDDER HAS ACCOMPLISHED A SITE SURVEY OF THE PROPERTY AND THEY ACCEPT THE BID SPECIFICATIONS AS PROPER. THE CITY OF LUBBOCK WILL ISSUE THE CONTRACTORS AND THEIR EMPLOYEES, PHOTO IDENTITY CARDS TO BE WORN IN THE OPEN AT ALL TIMES WHILE THEY ARE ON CITY PROPERTY. THIS PHOTO IDENTITY CARD SHOULD BE WORN WHILE ON CITY PROPERTY ONLY. ALSO THE CONTRACTORS AND THEIR EMPLOYEES SHALL CALL THE CITY WATER DEPARTMENT CONTROL ROOM AT 775-3416 AND LET THEM KNOW OF YOUR ARRIVAL AND DEPARTURE FROM THE CITY PROPERTY. ANY VIOLATION OF THIS RULE MAY TERMINATE THE CONTRACT. LOST BADGES WILL BE REPLACED AT CONTRACTOR'S EXPENSE @ $25.00 PER BADGE. In making bid for Contract Turf Maintenance Mowing I hereby agree to and understand the following: 1. The bid is for the entire season, not just for one mowing. 2. All the yards will be mowed with some type of mowing equipment such as a mower or a shredder. 3. All sidewalks, reservoir, valve boxes and fencerows must be edged with a weed eater or an edger. 4. All valve box tops and sidewalks will be swept or cleaned -off after all mowing is completed. 5. Yards must be cleaned of papers, boxes and other trash before mowing. 6. After mowing, yard must be inspected and approved by a City employee before payment is made. 7. Contractor will be contacted by a City employee when yards require mowing. 8. 1 understand that some properties may have to be cut more frequently. 9. 1 understand this agreement is between the contractor and the Water Treatment Plant. '10. The bid is based on a unit -mowing price (one time charge), and the contractor will be paid for each time the property is mowed. 11. Bidder is required personally to inspect each of the listed property, prior to submitting his bid. Bidder will be required to sign off on his prior inspection. By not inspecting each property and signing off on the Inspection form. The city reserves the right void any bid submitted. 12. All work is schedule driven; therefore, the Contractor's work force and equipment needs shall vary throughout the contract's time period. The normal work schedule shall fall within the time frame of Monday through Friday, 8:00 a.m. to 5:00 p.m. Work on weekends, holidays, and nights shall be at the discretion of the Equipment Maintenance Supervisor. Should the Contractor find it necessary to work during this time, notice of his intention to do so shall be given to the Equipment Maintenance Supervisor or his Agent at least seventy-two hours prior to doing so. The City reserves the right to deny such work at such time. i EQUIPMENT MAINTENANCE SUPERVISOR OR AUTHORIZED AGENT IT13#06.006-8M.doc 20 ITB006-006-13M, Contract Mowing Services for Water Facikties-Annual Pricing THE CITY REPRESENTATIVE REQUESTS THAT ANY BID RECEIVED IS BASED ON THE FACT THAT THE BIDDER HAS ACCOMPLISHED A SITE SURVEY OF THE PROPERTY AND THEY ACCEPT THE BID SPECIFICATIONS AS PROPER. THE CITY OF LUBBOCK WILL ISSUE THE CONTRACTORS AND THEIR EMPLOYEES, PHOTO IDENTITY CARDS TO BE WORN IN THE OPEN AT ALL TIMES WHILE THEY ARE ON CITY PROPERTY. THIS PHOTO IDENTITY CARD SHOULD BE WORN WHILE ON CITY PROPERTY ONLY. ALSO THE CONTRACTORS AND THEIR EMPLOYEES SHALL CALL THE CITY WATER DEPARTMENT CONTROL ROOM AT 775-3416 AND LET THEM KNOW OF YOUR ARRIVAL AND DEPARTURE FROM THE CITY PROPERTY. ANY VIOLATION OF THIS RULE MAY TERMINATE THE CONTRACT. LOST BADGES WILL BE REPLACED AT CONTRACTOR'S EXPENSE c@ $25.00 PER BADGE. In making bid for Contract Turf Maintenance Mowing I hereby agree to and understand the following: 1. The bid is for the entire season, not just for one mowing. 2. All the yards will be mowed with some type of mowing equipment such as a mower or a shredder. 3. All sidewalks, reservoir, valve boxes and fencerows must be edged with a weed eater or an edger. 4. All valve box tops and sidewalks will be swept or cleaned -off after all mowing is completed. 5. Yards must be cleaned of papers, boxes and other trash before mowing. 6. After mowing, yard must be inspected and approved by a City employee before payment is made. 7. Contractor will be contacted by a City employee when yards require mowing. 8. 1 understand that some properties may have to be cut more frequently. 9. 1 understand this agreement is between the contractor and the Water Treatment Plant. 10. The bid is based on a unit -mowing price (one time charge), and the contractor will be paid for each time the property is mowed. 11. Bidder is required personally to inspect each of the listed property, prior to submitting his bid. Bidder will be required to sign off on his prior inspection. By not inspecting each property and signing off on the Inspection form. The city reserves the right void any bid submitted. 12. All work is schedule driven; therefore, the Contractor's work force and equipment needs shall vary throughout the contract's time period. The normal work schedule shall fall within the time frame of Monday through Friday, 8:00 a.m. to 5:00 p.m. Work on weekends, holidays, and nights shall be at the discretion of the Equipment Maintenance Supervisor. Should the Contractor find it necessary to work during this time, notice of his intention to do so shall be given to the Equipment Maintenance Supervisor or his Agent at least seventy-two hours prior to doing so. The City reserves the right to deny such work at such time. EQUIPMENT MAINTENANCE SUPERVISOR OR AUTHORIZED AGENT IT13#06-006• BM.doc 26 ITB#06-006-BM, Contract Mowing Services for Water Facilkies-Annual Pricing CITY OF LUBBOCK ITB# 06-006-BM Unit Pricing Contract Turf Maintenance CLASS C AREAS AND PROPERTIES Annual Maint. Maint. Cycle Acreage Cycles Unit Extended NAME ADDRESS (Approx) (Approx) U/M Cost Cost Pump Station 94 202 North 1-27 10 20 EA $ $ Pump Station #6 402 East 6e Street 0.50 20 EA $ � $ Pump Station 08 3301 SE Loop 289 3.5 20 EA $ $ D Pump Station #9 3000 N. Quaker Ave. 3.5 20 EA $f� $ #12 Elevated Storage Tank 8602 County Road 27, Lubbock 0.25 20 EA $ 70 $ O 74th Elevated Storage Tank 7308 Genoa 1.25 20 EA $ $ Water Treatment Plant 6001 North Guava Ave. 7 20 EA L% $ l $ Q Water Treatment Plant, 6-Million GAL �f Clear Well 6001 North Guava Ave. 5.25 20 EA $ Q`30 $ Shallow-ater 1.5 Miles West of Pump Shallowater, on Station U.S. Hwy 84 Detroit & N.E. Corner of Amherst Detroit & Amherst Lot Intersection Gary & S.E. Comer of Emory Gary & Emory Lot intersection West of Flint Ave. & Clovis Road Well # 16 Intersection Total Cycle Cost 0.5 20 EA $ # $ 0.5 20 EA $ $ D 0.25 20 EA $ 30 $ 6�ov .._- 0.25 32.5 Bidders Signature Print���If��. Date: !� / 2008 20 EA $ $ ITB#06.006-BM-doc 27 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. AKr4l-ctor (Si g-naturb) Contractor (Print) CONTRACTOR'S NAME: (Prinf or Type) CONTRACTOR'S ADDRESS: Name of Agent/Broker: Azl ht rzi—p / Address of Agent/Broker: - S,j010 City/State/Zip: / 4 �7 , / Z 9 71/0 Agent/Broker Telephone Number: (VIP) '14eO' Z 1400 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. ITB#06-004-13M.doc 13 ITW$646-8M, Contract Mowing Services for Water Facikties-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: ITB#06.006-BM.doc 36 IT13#06-00"M, Contract Mowing Services for Water Facilities -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 13d' Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: Local Address (must be within the City limits): .41 3f% !�3 �� 4E4: &[—% �L�-7 2 IJ Address of the company's principal place of business within the United States: elm I . 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"! —/ 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: Company Name and Address (as it appears on permit): 4. Does your business have more than one office in the State of Texas? Yes �No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: Was the local business required to pay business and/or real property tax for the most recent tax year? Yes 1--No If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, fum. corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services fora Period of one (1) year. Authorized Signature: Date: Printed Name Name and Title: ITB#06-006-BM.doc 37 IT13#06-006-13M, Contract Mowing Services for Water Facifities-Annual Pricing CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY being first duly swom, 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. NAME OF FIRM ,AIGNATURE OF BIDDER 2� TITLE Subscribed and swom to before me this $ day of Ftb • , 2006 Notary ublic in and for the State e.¢pe MVU of Texas residing at z • MY COMMISSION EXPIRES NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN wITII 'llIE BID/PROPOSAL ITB#06-006•BM.doc 38