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HomeMy WebLinkAboutResolution - 2023-R0066 - Contract 17000 with Center PointResolution No. 2023-R0066 Item No. 5.19 February 14, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 17000/21-16042-YB for South Water Treatment Plant Mowing and Litter Control, by and between the City of Lubbock and Center Point, of Shallowater, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on February 14, 2023 ATTEST: Reb ca Garza, City Secret APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: AZ�ims, Depu i Attorney RES.Contract- Center Point 17000 12.8.22 Resolution No. 2023-R0066 Contract 17000 City of Lubbock Contract for ITB 21-17000-YB South Water Treatment Plant Mowing and Litter Control THIS CONTRACT made and entered into this 14th day of February , 2023, by and between the City of Lubbock ("City"), and Center Point , ("Contractor"). WHEREAS, the City of Lubbock duly advertised for bids for South Water Treatment Plant Mowing and Litter Control and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said South Water Treatment Plant Mowing and Litter Control. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, South Water Treatment Plant Mowing and Litter Control, and more specifically referred to as Item #0-1 one (1) on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The contract shall be for a term of one (1) year, with the option of three (3), one (1) year extensions, said date of term beginning upon formal approval. This Contract will renew automatically for the additional terms, unless either Party gives 90-day written notice to terminate the Contract. 4. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. 5. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 6. A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or Product Price Index (PPI) as appropriate. B) Further, if the Contractor can provide documentation for actual charges for material, labor, etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such documentation to the City, and at the City's sole discretion, the contractual rate may be further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of the current contract period. C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director of Purchasing and Contract Management written, quarterly documentation to justify the ongoing adjustment. If no such documentation is timely received, the rate will automatically revert to the initial, awarded rate. 7. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 8. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 9. Insurance Requirements SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Commercial General Liability Requirements: $1 M occurrence! $2M aggregate (can be combine with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Commercial General Liability to include Products - Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automobile Liability Requirements: $1 M/occurrence is needed. Workers Compensation and Employer Liability Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1 M) is required with Workers Compensation. * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. * Carriers must meet an A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above. IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1314 Avenue K, 9th Floor Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 10. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 11. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 12. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 13. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 14. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 15. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 16. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such term in Section 2252.151, Texas Government Code. 17. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 18. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 19. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. 20. The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 21. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. 22. This Contract consists of the following documents set forth herein; Invitation to Bid No. 21- 16042-YB, Specifications, and the Bid Form. -----INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK CONTRACTOR BY Tray Pa ayor Authorized Representative 41 4 • v ATTEST: P 'nt Name - 1px&� Rolma Rebec a Garza, City Se re y Address AP OVED AS T . CONTENT: Aubrey Spea Dir for of Water Utilities J APPROVED AS TO FORM: Amy Si ssistant City Attorney .S /Let !to 0-'Iawo City, State, Zip Code City of Lubbock Purchasing and Contract Management South Water Treatment Plant Mowing and Litter Control General Requirements 1.1 Scope of work: The City of Lubbock is accepting bids for the class "D" property at the South Water Treatment Plant, located at 5114 East FM 1585. This site include all right of ways adjoining the property to the ditch line of the County and state roads. This site is approximately 200 acres and includes the Terminal Storage reservoir. The reservoir has 45 degrees slopes on four sides and a top drive around on the reservoir. The 200 acers is covered in native grasses and local weed vegetation. The contract is for five years, renewable each year on the contract date by both parties. The Class "D" property schedule is five cuts per year. 1.2 Mowing: Mowing frequency shall be determined by the Equipment Maintenance Supervisor. Turf shall be cut at a height of three (3) inches, at the discretion of the Equipment Maintenance Supervisor or his Agent. Mowing must be completed once started. Partial cuts will not be accepted as work competed. Mowing equipment shall be a shredder or a full flotation rotary mower that will not leave ruts or tracks. Mulching blades may be used at the discretion of the Equipment Maintenance Supervisor or Agent. 1.3 Fence Zones &Trimming Requirements: Weed removal on both sides of the fence is required. A two foot (24 inch) zone on both sides of the fence is to be weed free (bare ground). The outside of the fence requires a minim six to eight foot cut to remove weeds outside the fence. This will include the two foot zone. 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, air valves, signs, and both sides of fences, or structures. All surfaces, streets and areas must be kept free of grass, weeds and debris. 1.5 Litter and Debris: The Contractor shall realize that litter or debris may accumulate prior to mowing with no fault to either party. The contractor shall remove all trash or debris. Contractor shall instruct mower operators to police sites to prevent dangerous or unsightly conditions. Litter and debris removal shall be performed concurrently with other mowing operations. 1.6 Disposal: Contractor shall be responsible for the disposal of litter and debris from the areas maintained. Disposal shall be accomplished by delivery to the City No Litter or debris shall be disposed of in Residential dumpsters or of those belonging to Commercial Businesses. 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 unless arrangements have been made to leave equipment on sites. 1.8 Billing: Payment for work completed must be submitted every thirty calendar days for payment. Invoices must be attached to the Payment Request Form. IE; Contract number, insurance expiration date, contract expiration date and what number of cycles/rotation is being performed at each site and date work was perform. 1.9 Drought: This region of Texas experience a conditions known as drought, the lack of rain/moisture a period of prolonged dryness. During these time vegetation growth is dormant or nonexistent. Should these conditions exist the City reserves the option to change or adjust the number of mowing cycles during these times each year. Because of drought the number of cycles can be reduce to meet the environmental seasonal growth patterns of this region. January 0 May 1 September 1 February 0 June 2 October 1 March 0 July 2 November 0 April 0 August 1 December 0 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 CONTRACTORS AND THEIR EMPLOYEES WILL HAVE 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. In making the bid for Contract Mowing and Litter Control I agree to and understand the following: 1. The bid is for the entire season, not just for one mowing. 2. All the areas will be mowed with some type of mowing equipment such as a mower or a shredder. 3. All sidewalks, reservoir, valve boxes and fence lines must be edged with a line or blade, trimmer or an edger. 4. All valve box tops and sidewalks will be swept or cleaned -off after all mowing is completed. 5. Properties 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 mowing require. 8. I understand that some properties may have to be cut more frequently. 9. I understand this agreement is between the contractor and the City of Lubbock. 10. The bid is based on a unit -mowing price (one time charge per cycle), and the contractor will be paid for each time the property is mowed. 11. Bidder is required personally inspect the listed property, prior to submitting their bid. Bidder is 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 will vary throughout the contract's time period. The normal work schedule shall fall within the time frame of Monday through Friday, 7:00 a.m. to 5:00 p.m. 13. Work on weekends, holidays, and after hours 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-four hours prior to doing so. The City reserves the right to deny work the work. 1911 City of Lubbock ITB 21-16042-YB South Water Treatment Plant Mowing and Litter Control Specifications MAINTENANCE STANDARDS 1.1 General: Successful contractor shall have ten (10) days from receipt of the Notice to Proceed to commence contract maintenance activities. The Contractor shall be notified of the City's decision by letter. 1.1.1 The areas to be serviced for the site include all rights of way adjoining the site and extending 2 feet from back of curb into all streets. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating the aquatic life and plant beds. Maintain a 5-foot buffer of undisturbed natural vegetation between the disturbed portions of your site and the Playa Lake. 1.1.2 Contractor shall provide a maintenance schedule to the Water Treatment Department within fifteen (15) days from the date of Award of Contract and will notify the Water Treatment Representative or his/her Agent of any changes in the schedule prior to the schedule change. 1.2 Mowing: Turf shall be cut at a height of 4 inches. Clippings shall be mulched or bagged and all hardscapes shall be cleaned after each service. The mowers shall leave no clumps or windrows of grass. Mowing equipment shall be determined by site conditions and shall be approved by the Water Treatment Representative. 1.2.1 ANTICIPATED MOWING FREQUENCIES: 5 Cycles January 0 May February 0 June March 0 July April 0 August 1 September 1 2 October 1 2 November 0 1 December 0 1.3 Edging: Street curb and drainage channel edging shall be accomplished the same day as mowing, and all debris from this activity shall be removed the same day that the task is performed. Curb dressers may be used for this task. 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. This task must be completed the same day the mowing is performed. 1.5 Litter & Debris: All litter and other types of debris such as trash, motor vehicle parts, rocks, gravel, and dirt, shall be removed by the contractor. Hard surface areas shall be swept. Clippings and trimmings may not be blown into the street as a means of disposal. 1.6 Disposal: Contractor shall be responsible for the disposal of litter and debris from the areas maintained. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. All recyclable items should be separated and recycled at any of the City's recycle centers. No litter or debris shall be disposed of in residential dumpsters or of those belonging to commercial businesses. 1.7 Photographic record (before/after): Contractor shall take a minimum of five (5) photos at various locations around the perimeter of the detention basin for each mowing frequency. The photos shall be taken prior to commencement of any work and then after all work is completed. Photos shall be delivered to the Water Treatment Representative or his/her Agent no later than 5 days after all work is completed. m E City of Lubbock, TX Purchasing and Contract Management Bid Submission Information In compliance with the Invitation to Bid, the undersigned Bidder having examined the Invitation to Bid, instructions to bidders, General Conditions of the Agreement, Specifications, and being familiar with the conditions to be met, hereby submits the following bid for furnishing the material, equipment, labor and everything necessary for providing the items listed and agrees to deliver said items at the locations and for the prices set forth on the bid form and/or the bid table associated with this bid. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid is by reference incorporated in this contract. Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre -Paid and Allowed Where applicable, delivery days are: Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or - none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, 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 FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? 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-1 ✓J NO • If you (the bidder) checked YES, the following will apply: Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. Addenda Bidder acknowledges receipt of addenda issued in regard to this solicitation: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Insurance Requirements I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. Suspension and Debarment Certification Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -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. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. The following definitions apply to this state statute: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. Vendor Acknowledgement In compliance with this solicitation, the undersigned bidder having examined the invitation to bid, instructions to bidderrs, documents associated with the invitation to bid, and being familiar with the conditions to be met, has reviewed the information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in bid rejection. Intentionally Left Blank------- Items City of Lubbock ITB 21-16042-YB SWTP Mowing and Litter Control Bid Form Center Point Location Shallowater, TX Total $ 34,000.00 Location Cycle Unit Price per Total Cycle Cost Cycle #0-1 South Water Treatment Plant 5114 East FM 1585 200 5 $ 6,800.00 $ 34,000.00 Submission Information THIS BID IS SUBMITTED BY Center Point a corporation organized under the laws of the State of Texas , or a partnership consisting Of or individual trading as Center Point of the City of Shallowater Tax ID No.: 585255079 Address: PO Box 1064 City: Shallowater State: Tx Zip: 79363 M/WBE Firm: Woman I Black American Native American Hispanic American I I Asian Pacific American Other (Specify) Please complete the information below. By f.r,-� Gr. - Authorized Representative - m by hand Officer Name and Title: Michael Muncy- Owner Date: / D - 9 - a- / Business Telephone Number 806-543-475 , FAX: E-mail Address: Huntinmuncy@ yahoo.com CERTIFICATE OF INTERESTED PARTIES FORM 3 295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-961499 Center Point Shallowater, TX United States Date Filed: 12/06/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify, the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17000 SWTP- Mowing and Liter Control Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. 0 6 UNSWORN DECLARATION My name is A►i�.i� �L�G and my date of birth is My address is 0 , TL-1a ll "f•l- , 7_50 (west) (City) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct Executed in L v ! County, State of 7> on the day of J� 20 2 =. () (year) y Signature of authorized agent of contracdn ness entity (Dedarant) Forms provided by Texas Ethics Commission www.etmcs.sta- bLus version vs.5.l.eb8ieT4z CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 0f 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: i Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-961499 Center Point Shallowater, TX United States Date Filed: 12/06/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 12/07/2022 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 17000 SWTP- Mowing and Liter Control 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.eb87ef42