HomeMy WebLinkAboutResolution - 2005-R0511 - Contract - Windows By Chad LLC - Window Cleaning Services, LPSIA - 11/07/2005Resolution No. 2005-RO511
November 7, 2005
Item 5.16
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 window
cleaning services at Lubbock Preston Smith International Airport, Bid #05 -110 -BM, by
and between the City of Lubbock and Windows by Chad, LLC of Lubbock, Texas, 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 7th day of Novemb&
C MCDQ UGAL, MAYOR
ATTEST:
Reb cca Garza, City Secretary
AS TO CONTENT:
Director of A'
AS TO FORM:
&fin M. Knight, Asistant Ci Attorney
ml/ccdocs/Contract-Windows by Chad
October 25, 2005
CITY OF LUBBOCK
CONTRACT #6234
For
Window Cleaning Services at Lubbock Preston Smith
International Airport — Annual Pricing
Bid No. 05 -110 -BM
THIS CONTRACT, made and entered into this 7`' day of November, 2005, pursuant to a resolution heretofore adopted by
the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Windows by Chad, LLC of Lubbock,
Texas, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Window Cleaning Services at Lubbock Preston
Smith International Airport - Annual _Prieing 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 Window Cleaning Services at Lubbock
Preston Smith International Airport — Annual Pricing.
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:
I. 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 Window Cleaning Services at Lubbock
Preston Smith International Airport — Annual Pricing specifically referred to as Itern(s) No. 1 - 7 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 tennis
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.
2. 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:
Commercial General (public) Liability insurance, per occurrence, and in the aggregate in an amount not less than
$100,000:
Automotive Liability insurance, per occurrence, in an amount not less than $100,000 combined single Iimit including
coverage for the following:
Any Auto
The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as primary
additional insureds 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 carred 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 905-110-13M, General
Conditions, Insurance Requirements, Specifications, and the Bid Form. /17 -1-Ij
IN WITNESS WHEREOF, the parties hereto have caused this Contract /be executed the year first above
written. Executed in triplicate. �f
CONTRACTOR
BY:
Auth i d Representative
Printed Name
Windows by Chad, LLC
213169"' Street
Lubbock, TX 79412
APPROVED AS
Deputy Director of Aviation
Director of Aviation
CITY OF
Marc
ATTEST:
j—)—� D)�—
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
c
omey
X1061"L-
SUBIIW L O:
CITY OF LUBBOCK
i / CITY OF LUBBOCK, TEXAS
Purchasing & Contract Management
1625 13a` Street, Rm 204ii
Lubbock, TX 79401-3830
r� • �* D
AN EQUAL INVITATION l A �l IO�T To BID
CONTACT PERSON:
OPPORTUNITY
BruceMacNair
EMPLOYER 05 -110 -BM
TEL: 806-775.2167
FAX: 806.775.2164
http://purchasing.ci.lubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
Window Cleaning Services at LPSIA — Annual Pricing
September 28, 2005 @ 2.00 P.1VL CST
PRE BID DATE, TIME AND LOCATION: September 14, 2005 9:00 A.M.,
Any bids received after the time and date listed above, regw4 as ofthe
in the Ambassador Room at Lubbock Preston Smith International Airport,
grade oldefivo shalt be returned reropened
Lubbock, TX
RESPONDENT NAME:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER,
WINDOWS ]3Y CHAD LLC
THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND
ADDRESS.
MAILING ADDRESS:
2131 69th S t .
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
Lubbock, TX 79412
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY
TELEPHONE NO:
806-74$-0550
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:
806-748-1112
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
E-MAIL:
windowsbychad@cox.net
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 IIB TO A SINGLE SOURCE. SUCH
S — 2 O 9 2 J
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 X 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 I 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(a), 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
co #y( or i ) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at
the eth rY d to evendor.
owlaer
Lf /!
Auth i Signature Titre
J. C ad Tucker October 5, 2005
Printl'rype Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
ITB-05-110-BM.doc
ITS*05-110-8M, Addendum #1
REVISED BID FORM
Window Cleaning Services at LPSIA-Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 05 -I10 -BM
In compliance with the Invitation to Bid # 05 -110 -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 # 05 -11.0 -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 C nuact
Rate
AnmW Contract Rate
Interior and exterior windows in the 4 terminal entranceways (including
1.
panes turning corners along hallway) (excluding uppermost windows on
$800.00
x 12
s 9,600.00
sides), as specified herein.
Interior side of all exterior windows in the terminal building that begin at
2.
the floor & end at the first ceiling on both I" and Yo levels as specified
$253-00
X 12
5 3,036.00
herein.
Interior side of all windows on the second floor of the terminal building,
162 , 00
1 944.00
'
3.
overlooking the carpet side/sterile area. Locked offices must be accessed,
S
X 12
s
as specified herein.
4.
Interior and Exterior of uppermost windows in the 4 terminal
$1,700.00
X I
S 1,700.00
entranceways, as specified herein.
s.
Interior side of uppermost windows on carpet side overlooking ramp area,
$1, 616 ao
x 1
$ 1, 616.00
as specified herein.
.
6'
Exterior side of all exterior windows at LPSIA terminal building (including
S1,812.0
S 1,812.00
over the overhang roof areas), as specified herein.
T
Exterior side of all windows on the second floor of the terminal building,
S3,081.00
X 1
S 3,081.00
overlooking the carpet/sterile area, as specified herein.
TOTAL BID
S 22,789.00
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net calendar days. Discounts will
not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City
will pay the successful bidder within thirty days after the receipt of a correct invoice or alter 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 productstservices; does not include an element of profit on the sale in excess of that
normally obtained by the Bidder on the sale of products/setvices of like quality and quantity; and does not include any provision for discounts to
selling agents. If at anytime 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 prices) on all deliveries made during the period in which such lower prices) is cfiective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of tho State of Tcxas, 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 tight 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 Wotfforth.
YES NO
• If you (the bidder) checked YES, the following will apply:
ITB#05-110-BMAdl
ITB#05-110-BM, Addendum #1
+ 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
materialslsavice as needed.
THIS BID IS SUBMITTED BY WINDOWS BY CHAD. LLC, a corporation organized under the laws of
the State of or a partnership consisting of or an
individual trading as oftheCity of Lubbock, Texas
Firm:
Address: 2131 69th St raPY
City: 7.ubhock State: Ty zip 79417
M/WBE Firm: Woman Black American Native American
ffispanic American Asian Pacific American Other (Specify)
By
tA 4-01
Authorized Representative - must sign by hand
Officer Name and Title: J. CHAD TUCKER, OWNER
Please Print
Business Telephone Number f;Q6-714$-p 5p FAX: 8 6-748-1319
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
ITB#05-110-BMAd1
ITt3#05-110-EM, Addendum #1
City of Lubbock
Consideration of Location of Bidder's Principal Place of Business
Affidavit of Eligibility
Pursuant to Subchapter Z, Chapter 27t, Texas Local Government Code, In purchasing under this tine 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 contruct 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, Purchasing & Contract Manager
City of Lubbock
1625 13`s Street, Room 204
Lubbock, TX 79401
Complete all erects below. Incomplete afdavas may be rejected.
Local Business Name: WINDOWS BY CHAD, LLC
Local Address (must be within the City limits): 2131 69th Street, Lubbock, Texas 79412
Address of the company's principal place of business within the United States: same as above
I . How many residents of the City of Lubbock are employed at the above business lucation?
2. Year your business was established in the City of Lubbock: 1981
3. For transactions that require sates tax, provide the following Reseller information:
Reselter Permit Number. 2-456-43-7487-4
Company Name and Address (as it appears on permit).-
WINDOWS
ermit):WINDOWS BY CHAD
2131 69rh St. T—� ubb ck, Tx 79412
4. Does your business have more than one office in the State of Texas? Yes R 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?
X Yes No
If Yes, did the local business pay any of this tax to the City of Lubbock? x Yes No
Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. it is further acknowledged that any person,
firm, 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 pr is f one (1) year.
�72a
Authorized Signature: Date: October 5, 2005
Printed Name and Tide: CHAD TUCKER, OWNER
ITB#05-110-BMAdl 3
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.
J. CHAD TUCKER
C 7ctor (Signa re) Contractor (Print)
CONTRACTOR'S NAME: WINDOWS BY CHAD, LLC — J. CHAD TUCKER
(Print or Type)
CONTRACTOR'S ADDRESS: 2131 69th Street
Lubbock, TX 79412
Name of Agent/Broker: CgTMF:S TNslIRANCF. — RICHARD DUNCAN
Address of Agent/Broker: 1 651 BROADWAY
City/State/Zip: Lubbock, TX 79401
Agent/Broker Telephone Number: ( 806 ) 762—o544
Date: 1[1 / 5 / [15
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) 775-2.165.
ITB-05-110-Bm.doc 13
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.
1, 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: WINDOWS BY CHAD, LLC
Signature of Company Official:
Date Signed: October 5, 2005
Printed name of company official signing above: J. CHAD TUCKER
ITB-05-110-BM.doc 19
CITY OF LUBBOCK
NON -COLLUSION AFFIDAVIT
STATE OF TEXAS
ss
LUBBOCK COUNTY
J. CHADTUCKER 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.
WITSMONS BY CHAD, TIC
N RM
S GNATURE OF BIDDER
1"W '7
TITLE
Subscribed and sworn to before me this 5th day of October 12005
i Lci A:: � _� � — 0'..."',
�'
Notary Public 1n and f0 a State PAT GEORGE*: *= MY COMMISSION EXPIRES
of Texas residing at. W October - p} 2006
Lubbock, Texas 79412
NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL
ITB-05.110-13M.doc 20
Nov 02 2005 12:05PM GRIMES INSURANCE 8067411527
ACORD CERTIFICATE OF LIABILI
PRODUCER (806)762-0544 FAX (806)741-1527
Grimes insurance Agency, Inc.
1651 Broadway
Lubbock, TX 79401
INSURED
Windows By Chad, L.L.C.
7131 69th Street
Lubbock, TX 79412
p.2
DATE JUMMDIYYYY)
TY INSURANCE I 11/02/200s
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC 0
INSURERA: Safeco Insurance Co.
INSURERB- Texas Mutual Insurance CO.
TISURER C
IN S URER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDII;ATEU. Nu I VVI I ns I/'JVuinI
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,
THEIAGGREGATE JLRANCE MATS AFFORDIA D BY THE
BEEN RIES DESCRIBED HEREIN 18
PAID CLAIMS. SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIESIR OD PCIUCY EFFECTIVE POLICY EXPIRATION LIMITS
TYPE OF INSURANCE POLICY NUMSERnATrm (PA MIDIVYL
GENERAL LLABILTIY 04CC1264309 10/DG/2005 10/06/2006 EACMOCCURRENC€ L 1,000,01
x COMMERCIAL GENERAL LIABILITY DAMAGE TORFNTE] $ 200 01
(;LAIMSL&ADE ® DCCUR MEDEXP (Any omPerscn) S 10,01
- � 0
A
GARAGE UABLJTY
—1 ANY AUTO
:SSIUMBRELLA LIABILITY
OCCUR E71CLAIMS MADE
DEDUCTIBLE
RETENTION t
WORKERS COMPENSATION AND
EMPLOYERS' LLABIUTY
B ANY PROPMETORIPARTNEMEXECUTME
OFFICERIMEMBER EXCLUDED7
V ddsalae under
SPECIAL PROVISIONS belcw
T ®Ila
A
79BA00197141 04/11/2005
79E A00197141 04/11/2005
PERSONAL& AOV INJURY ] , 000
GENERALAOOREGATE S 000,000
PRODUCTS - CONIPIOP AGO S 2.000.000
COMBINED SINGLE LIMIT $
IEe *CcAeru) 1,001,0
BODILY INJURY $
(Per Penan)
BODILY INJURY S
(Par seddenl)
04/11/2006
PROPERTYDAMAGE
(Per eocidenl) 8
pIN'L AGGREGATE LIMIT APPLIES PER',
AUTO ONLY -EA ACCIDENT S
OTHERTHAN EA ACC s
POLICYFI E OT LOC
AUTOMOBILE
AUTO ONLY: AGG S
LIABILITY
rACH OCCURRENCE $
AGGREGATE $
ANY AUTO
3
ALL OWNED AUTOS
SCHEDULED AUTOSHIRED
rxxyX
A
AUTOS
NON -OWNED AUTOS
-X--,Auto Phys. Damage
GARAGE UABLJTY
—1 ANY AUTO
:SSIUMBRELLA LIABILITY
OCCUR E71CLAIMS MADE
DEDUCTIBLE
RETENTION t
WORKERS COMPENSATION AND
EMPLOYERS' LLABIUTY
B ANY PROPMETORIPARTNEMEXECUTME
OFFICERIMEMBER EXCLUDED7
V ddsalae under
SPECIAL PROVISIONS belcw
T ®Ila
A
79BA00197141 04/11/2005
79E A00197141 04/11/2005
PERSONAL& AOV INJURY ] , 000
GENERALAOOREGATE S 000,000
PRODUCTS - CONIPIOP AGO S 2.000.000
COMBINED SINGLE LIMIT $
IEe *CcAeru) 1,001,0
BODILY INJURY $
(Per Penan)
BODILY INJURY S
(Par seddenl)
04/11/2006
PROPERTYDAMAGE
(Per eocidenl) 8
AUTO ONLY -EA ACCIDENT S
OTHERTHAN EA ACC s
AUTO ONLY: AGG S
rACH OCCURRENCE $
AGGREGATE $
3
S
TSF00011540381 02/25/2005 1 02/25
01SU369259101 03/IS/200S 1 10/15/20
S
E..L, EACH ACCIDENT R6
E.L. DISEASE - EA EMPLOYE S
E.L. DISEASE -POLICY LIMIT $
$1,000,000
ION OF OPERATIONS I LOCATIONS I V LES I EX 4USIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
icate holder is named as Ad Ttional Insured as their interest may appear as regards
1 liability coverage and Auto Liability coverage.
City of Lubbock, its agents, elected and
appointed officials, and employees
P.O. Box 2000
Lubbock, TX 79408
Soo
500
t
SHOULD ANY OF THE ABOVE DESCRIBED PO UCIES BE CANCELLED BEFORE THE
EXPIIU0.TION DATE THEREOF. THE ISSUING INSURER VALL ENDEAVOR TO MAIL
,__ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT,
BUT FAILURE TO WAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY
OP ANY KIND UPON THE INSURER, US AGENTS OR REPRESENTATIVES.
AUTHOWED REPRESENTATIVE
Richard Duncan SLMIC+ L
Nov 02 2005 12:05PM GRIMES INSURANCE 8067411527 p.3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Nov 02 2005 12:05PM GRIMES INSURANCE 8067411527 p.4
Primary and Non -Contributory
(Added 4/9/04)
When your contractor insured tells you that his general contractor wants to be added
as an additlonal insured and he wants your insured's policy to be primary and non-
contributory, what does that mean? It means that the general contractor wants your
insured's policy to be the primary source of recovery and not contribute to defense
or Indemnification should the general contractor be sued as the result of an accident
caused by your Insured. The general contractor doesn't want to tap into his own CGL
policy unless and until your subcontractor's policy limit is exhausted. What do you
do?
First, here's what not to do: Don't just add primary and non-contrlbutory wording to
the certificate of insurance. Your Insured's CGL may not be primary and non-
contributory and you can't make It happen just by saying so on the certificate.
Besides, whether your insured's CGL is primary may depend entirely on the wording
in the general contractor's CGLI If the general contractor's policy is a 1998 or later
edition of the ISO CGL, it includes the follQwlnq wording: "This insurance is excess
over any other primary insurance available to you covering liability for damages
arising out of the premises or operations for which you have been added as an
additional insured by attachment of an endorsement." If the general contractor's
policy includes this wording, he (or his lawyer or his insurance agent) is asking for
the primary and non-contributory wording out of ignorance of the wording in his own
policy. That doesn't help you at this stage of the game, because all your Insured
wants is a certificate of Insurance that will allow him to get on the job and get paid;
he doesn't want a hassle and he doesn't want you to hassle his general contractor.
Ask your insurer if It can attach an additional insured endorsement that makes the
policy primary and non-contributory as respects the additional insured, There its no
standard endorsement for this purpose, so the Insurer would have to file with and
receive approval from TDI for such an endorsement, unless It's a surplus lines
company. If the company won't or can't provide the endorsement, then you can try
talking to the general contractor (or his lawyer or insurance agent) to find out If his
policy includes the above wording and/or convince him to drop the primary and non-
contributory wording. If that doesn't work, you must "just say 'no"' to your insured
or find another company that will provide the necessary wording.
Copyright C 2004, Independent Insurance Agents of Texas. All rights reserved.
Nov 02 2005 12:05PM GRIMES INSURANCE 8067411527 p_5
b. Excess Insurance
This Insurance is excess over
2) Any other primary Insurance
available to you covering liability for
damages arising out of the ;premises or
operations for which you have been
added as an additional insured by
attachment of an endorsement.
When this insurance is excess, we will
have no duty under Coverage A or B to
defend any claim or "suit" that any
other insurer has a duty to defend. If no
other insurer defends, we will undertake
to do so, but we will be entitled to the
insured's rights against all those other
Insurers.
When this insurance Is excess over
other insurance, we will pay only our
share of the amount of the loss, If any,
that exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this Insurance; and
(2) The total of all deductible and self -
Insured amounts under all that other
Insurance.
We will share the remaining loss, If any,
with any other Insurance that is not
described in this Excess Insurance
provision and was not bought
specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
Nov 02 2005 12:08PM GRIMES INSURANCE 8067411527 P.6
keep their costa lower and make themselves even more competitive relative to other builders who
don't require such onerous contracts.
So, what can you, as the agent, do when faced with these types of insurance requirements
imposed on your insureds?
First, NEVER, EVER modify an ACORD certificate or polley forth. The odds are real, REAL
good that you have no authority to do so in your agency/company agreement and/or doing so Is
illegal In your state. in an "Ask an Expert" question we received recently, the agent advised:
"We are receiving more and more requests for certificates that require the following
language:' is an additional insured on the general liability and the
automobile Insurance policies and Seller's Insurance is primary and not contributory with
any Insurance maintained by Company." [Note: In the situation calling for Al status, there
was not even an auto endorsement to accomplish this, so the Company was asking that
the certificate show a contract component that didn't even exist.]
The ACORD Forms Instruction Guide says, "Agents or brokers should not change any provisions
on this form without prior consent of the Issuing company. The ACORD Certificate should be
Issued only in compliance with company instructions. ACORD recommends that the Certificate
NOT be used in the following situations: to waive rights; to quote wording from a contract; to
attach to an endorsement; to quote any wording which amends a policy unless the policy itself
has been amended."
In the Commercial Package Policy's Common Policy Conditions 0017). tinder Item B.
Changes, the contract says, "This policy's terms can be amended or waived only by endorsement
Issued by us and made a part of the policy." In other words, only the insurer has the authority to
amend policy coverages. According to the insurance contract any coverage changes, ACORD
form revisions, or non-ACORD forms MUST be issued by the insurer, not the agency.
In addition, some states effectively make It Illegal for an agent to change the policy by certificate
revision. To illustrate, Kentucky statute KRS 304.14-120 says, "Prior to Its use, each insurer shall
file with the commissioner the form of certificate or memorandum of insurance which will be used
by such company." According to the ACORD Forms instruction Guide, Kentucky, Minnesota,
North Carolina, and Wisconsin require the filing of COI's. A revised certificate must be refiled
before It can be used.
June 7, 1895 and January 27, 1998 circulars from the NY Superintendent of Insurance advised
agents that "...any document that amends, expands or otherwise alters the terms of the
applicable insurance policy constitutes a policy form which must be flied.... Licensed ,producers
are advised that they may not add terms or clauses to a certificate of insurance which alter,
expand or otherwise modify the terms of the actual policy unless authorized by the Insurer which
has filed an appropriate endorsement...."
Florida Department of Insurance Bulletin #94-014, dated June 17, 1984, states In part. "Many
cities, counties and corporate insureds have preprinted or modified Certificates of Insurance that
are not the same as those normally used by insurers. Some of those certificates have been
modified to incorporate 'hold harmless' agreements or other clauses that differ from the language
in the policy. Certificates of insurance are merely evidence of insurance in lieu of an actual copy
of the insuranoe policy. They are to be used to show evidence of insurance. They are not 10 be
used to attempt to modify the terms of the policy itself. No insurer or agent should issue or sign a
Certificate of Insurance that contains terns or conditions that differ from those in the underlying
policy.* {Note: the Florida DO] recently Issued a memorandum OIR-03-003M which reiterates the
improper practice of modifying certificates of insurance. Click here for a copy?
Recently, an agent asked ACORD if he could make changes to the certificate as required bya
national hotel chain. ACORD advised that modifying the form would be a violation of oopyrigh
Nov 02 2005 12:09PM GRIMES INSURRNCE 8067411527 p.7
law and can only be done within the licensing agreement ACORD has with many carriers. (What
is interesting Is that the motel chain supplied the certificate they wanted signed. The certificate
WAS the ACORD form, with certain wording lined through and the ACORD logo massing.
Copyright violation?) You should check with your local state association or regulator to learn what
laws may apply in your state.
If possible, offer alternative solutions to outdated forms specified in these contracts. In the
discussion above about primary vs. excess coverage, the danger was shown in trying to meet
contractual obligations with amendments to policy forms and endorsements spanning 17 years or
more. Whenever possible, current policy forms should be used. In ISO's 2001 CQL program,
completed operations coverage for Als is once again available using a currently filed
endorsement that is designed to work with the current CGL policy form edition. They also now
have a blanket additional insured endorsement, and even a new Construction Project
Management Protective liability Coverage form (CG n15 10 01). if you aren't up on these
changes, contact your local state association to see whatGC L 2001 seminars may be
scheduled ... to locate your state's seminar schedule, CLICK 1JERE.
Don't blindty do what the contract asks for. As one risk management person put It, his job is to
ask for the moon, then let the argent or company tell him what they can't or won't do. As an agent,
you may be banking on a loss never happening that would go uncovered. Or you may think that's
why you have E&O insurance. If the latter, read your policy—there are some things your E&O
policy doesn't cover, Including, most likely, contractual liability, fraud, misrepresentation, etc.
As an agent, you are not a party to the contract—unless express permission has been granted
under your company agreement (and does not otherwise violate laws or regulations), you have
no authority to change the insurance contract or issue a certificate that indicates terms and
conditions not provided for in the policy. if you do, then you subject yourself to suits from your
carriers, insureds or third parties, not to mention the possibility of losing your license(s).
This Endorsement Changes The Policy. Please Read It Corefully.
Addkianlal insured � Primary Cuuerage
Thi, endarsement modifies insures provided under the foiluwng
Commercial general Liinhihty Coverage Farm
Schedule
Name of person or organization:
Who is an Insured (Section II) is arrenied to include as an insured the parson or arganizatian shown in the Schedule, but only with
respect to Rability proximately resulting from "your work" performed for that insured.
Fu"thermore,the following is added to Section IV Commercial General Liability Conditions paragraph 4. Rther Insurance:
4_ Iithar Insurance
d) This insurance is pr¢nary far the person or organization shown in the schedule, but
only with respect to liability proximately resulting from "your work" performed for that insured. Uther insurance
affcrdedto that insured will aFply as excess and not eontHbutE as primary to the insurance afforded by this
endorsement.
All other terms and conditions of this policy remain unchanged.
U RUN 099
City of Lubbock
PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BUILDING
1625 13TH STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://purchasing.ei.lubbock.tx.us
ITB#05-110-BM, Addendum #1
ADDENDUM #I
ITB # 05 -110 -BM
Window Cleaning Services at LPSIA-
Annual Pricing
DATE ISSUED: September 27, 2005
OLD CLOSE DATE: September 28, 2005 @ 2:00 P.M.
NEW CLOSE DATE: October 5, 2005 @ 2:00 P.M.
The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any
item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum,
shall remain in effect.
1. Bid due date and time are CHANGED from September 28, 2005 @ 2:00 P.M. to October 5, 2005 @ 2:00
P.M.
2. Add the following paragraph:
22 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
21.2 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.
22.2 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.
22.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility.
2. The Affidavit of Eligibility is attached.
3. The main points for obtaining an airport I.D. are listed on the attached information sheet.
4. An example of the checklist that will be used to evaluate completed work is attached.
5. Bidder's attention is invited to the following questions and responses:
QUESTION: When is the annual work to be done?
ANSWER: Within the first month of the new contract year.
QUESTION: Will there be standards to uphold for work done?
ANSWER: Yes, there will be a checklist for finished work each month. Any unsatisfactory work will be
redone at the contractor's time and cost.
ITB#05-110-BMAdl
ITB#05-110-BM, Addendum #1
QUESTION: Will the contractor's workers be able to access the sterile area to work?
ANSWER: Yes. At the contractor's expense, their worker's must be fingerprinted and issued badges. Then,
they will be able to enter the secure area to work.
6. Bidder's must submit the revised BID SUBMITTAL FORM, attached, along with previously required pages
of the bid packet.
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 BMacnairna_,mylubbock.us
THANK YOU,
CITY OF LUBBOCK
L1. 0 Z 2 02
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
rcsponsibilily to advise the City of Lubbock Purchasing Mana er 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#05-110-BMAd 1 2
ITB#05-110-SM, Addendum #!1
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, Purchasing & Contract Manager
City of Lubbock
1625 IP 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):
Address of the company's principal place of business within the United States:
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:
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
sales ta
If Yes, identify the office location considered as the point -of sale credit for x purposes:
5. Was the local business required to pay business and/or real property tax for the most recent tax year?
Yes 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,
firm, 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 for a period of one (1) year.
Authorized Signature:
Printed Name and Title:
ITB#05-110-BMAd 1 3
Date:
ITB#05-110-BM, Addendum #1
Information Sheet for obtaining Airport 1,13.
The following items are required to obtain access for cleaning the windows at the Lubbock Preston Smith International Airport:
10 -year work history — All gaps of employment must be verified by the City of Lubbock. (City of Lubbock
requirement,)
• Criminal history records check (CRRC) — An FBI -based background check will be conducted via fingerprinting. A
$29 fee will be collected prior to the fingerprint appointment. The Airport reserves the right to disqualify applicants at
their discretion including, but not limited to, the following convictions within the past 10 years:
1. Forgery of certificates, false marking of aircraft, and other aircraft registration violation.
2. Interference with air navigation.
3. Improper transportation of a hazardous material.
4. Aircraft piracy.
5. Interference with flight crewmembers or flight attendants.
6. Commission of certain crimes aboard aircraft in flight.
7. Carrying a weapon or explosive aboard aircraft.
8. Conveying false information and threats.
9. Aircraft piracy outside the special aircraft jurisdiction of the United States.
10. Lighting violations involving transporting controlled substances.
11. Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security
requirements.
12. Destruction of an aircraft or aircraft facility.
13. Murder.
14. Assault with intent to murder.
15. Espionage.
16. Sedition.
17. Kidnapping or hostage taking.
1$. Treason.
19. Rape or aggravated sexual abuse.
20. Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21, Extortion.
22. Armed or felony unarmed robbery.
23. Distribution of, or intent to distribute, a controlled substance.
24. Felony arson.
25. Felony involving a threat.
26. Violence at international airports.
27. Conspiracy or attempt to commit any criminal acts.
2$. Felony involving:
(i)Wiliful destruction of property;
(ii)Important or manufacture of a controlled substance;
(iii)Burglary;
(iv)Theft;
(v)Dishonesty, fraud, or misrepresentation;
(vi)Possession or distribution of stolen property;
(vii)Aggravated assault;
(viii)Bribery; or
(ix)Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1
year.
ITB#05-110-BMAd 1 4
ITB#05-110-BM, Addendum #1
Window Checklist
MONTHLY Reclean
Entrancel Entrance 2 Entrance 3 Entrance 4
Automatic doors
Transoms and Sides
East side inside
East side outside
West side inside
West side outside
East hallway inside
East hallway outside
West hallway inside
West hallway outside
Railings
Is' Floor brick Inside
Baggage claim 1
Ticket counters
UX area
Baggage claim 2
st Floor carpet Inside
Gate 1
Gate 2
Gate 3
Gate 4
Gate 5
Gate 6
Gate 7
Gate 8
Gate 9
2"d Floor hallway Inside
Administration—conference room
Copy room
Reception
Southwest elevator
Southwest restrooms
Boardroom
Ambassador room
UX restrooms
Ports -To -Plains
Electronics room
Operations
Police office
South end
2"d floor carpet side Inside
Administration—Steve's office
Kelly's office
Karen's office
ITB#05-110-BMAd 1 5
Reclean
James' office
Warren's office
David's office
Boardroom
Conference lobby
Ambassador room
Ports-To-Plain s—Duffy's office
Michael's office
Command Center—Renee's office
Dispatch
Police office—Amy's office
Lieutenant's office
YEARLY
Outside Front
Baggage Claim 1
Ticket Counter
UX area
Baggage Claim 2
Ramp side 15` level Outside
Gate 1
Gate 2
Gate 3
Gate 4
Gate 5
Gate 6
Gate 7
Gate 8
Gate 9
2"d Floor Front Outside
Administration—Conference room
Copy room
Reception
Southwest elevator
Boardroom
Ambassador room
Ports -To -Plains
Electronics room
Operations
Police
South end
2"d Floor Ramp Outside
Gate 1
Gate 2
Gate 3
Gate 4
Gate 5
Gate 6
ITB#05-110-B MAd 1
0+
ITB#05-190-BM, Addendum #1
Reclean
Gate 7
Gate 8
Gate 9
Outside Ramp level
Shop
Baggage Claim 1
Continental
Empty space
American
Southwest
Host
Chiller room
Boiler room
Southwest Operations
Baggage Claim 2
Inside Over Carpet Area
Administration—Steve's office
Kelly's office
,lames' office
Warren's office
David's office
Boardroom
Conference lobby
Ambassador room
Ports-To-Plains—Duffy's office
Michael's office
Operations office—Renee's office
Dispatch
Police—Amy's office
Lieutenant's office
2nd level windows inside over gate areas
Gate 1
Gate 2
Gate 3
Gate4
Gate 5
Gate 6
Gate 7
Gate 8
Gate 9
ITB#05-110-B MAd 1
ITB#05-110-8M, Addendum #1
Reclean
ITB#05-110-13M, Addendum #1
REVISED BID FORM
Window Cleaning Services at LPSIA-Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 05 -110 -BM
in compliance with the Invitation to Bid # 05 -110 -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 # 05 -110 -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 Annual Contract Rate
Rate
Interior and exterior windows in the 4 terminal entranceways (including
1. panes turning corners along hallway) (excluding uppermost windows on $ X12 S
sides), as specified herein.
Interior side of all exterior windows in the terminal building that begin at
2. the floor & end at the first ceiling on both I" and 2"d levels as specified $ X 12 $
herein.
Interior side of all windows on the second floor of the terminal building,
3. overlooking the carpet side/sterile area. Locked offices must be accessed, $ X 12 $
as specified herein.
4 Interior and Exterior of uppermost windows in the 4 terminal
entranceways, as specified herein. $ X1 $
s interior side of uppermost windows on carpet side overlooking ramp area,
as specified herein. $ X 1 $
6 Exterior side of all exterior windows at LPSIA terminal building (including
over the overhang roof areas), as specified herein. $ X 1
7 Exterior side of all windows on the second floor of the terminal building,
overlooking the carpet/sterile area, as specified herein. s X 1 $
TOTAL BID $
rn i ivn icav 1 i r-ruvia rive DISCOury i S - titdder otters 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 atter 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 lower price(s) on all deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): Tice 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 Forth 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
0 If you (the bidder) checked YES, the following will apply:
ITB#05-1 I0-BMAd1 8
ITB#05-110-13M, Addendum #1
• 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
the State of , or a partnership consisting of
individual trading as
of the City of
corporation organized under the laws of
City: State: Zip
M/WBE Firm: Woman Rlark AmPrira.s
By
Officer Name and
Asian Pacific American
Authorized Representative - must sign by hand
Please Print
or an
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#05-110-BMAdi
SUBMIT TO:
, Y a
CITY OF LUBBOCK
Purchasing & Contract Management
,
CITY OF LUBBOCK, TEXAS
4%
/r +�1
1625 1P Street, Rm 204
! 4
Lubbock, TX 79401-3830
77 } D
AN EQUAL INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Bruce MacNair
EMPLOYER # 05 -110 -BM
TEL: 806.775.2167
FAX: 806.775.2164
http://purchasing,ci.lubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
Window Cleaning Services at LPSIA — Annual Pricing
September 28, 2005 @ 2:00 P.M. CST
PRE BID DATE, TIME AND LOCATION: September 14, 2005 @ 9:00 A.M.,
Any bids received after the time and date listed above, regardless of the
in the Ambassador Room at Lubbock Preston
Smith International Airport,
mode of delivery, shall be returned unopened.
Lubbock, TX
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.
FAX NO.
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
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 I 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. 1 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
Print/Type Name
ITB•05-110-13M.doc
Title
Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
BID FORM
Window Cleaning Services at LPSIA-Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 05-1 10 -BM
fn compliance with the Invitation to Bid # 05-110-13M, 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 # 05 -110 -
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
RaW
Annual Contract Rate
1.
Interior and exterior windows in the 4 terminal entranceways, as specified herein.
$
X 12
$
Interior side of all exterior windows in the terminal building that begin at the
$
X 12
$
2.
floor/stairway level and end at the first ceiling, as specified herein.3.
Interior side of all windows on the second floor of the terminal building,
$
X 12
5
overlooking the carpet side/sterile area, as specified herein.
4.
Exterior side of all exterior windows at LIA terminal building, as specified herein.
$
X 1
S
Exterior side of all windows on the second floor of the terminal building,
S
X 1
s'
overlooking the carpet/sterile area, as specked herein.
TOTAL BID
S
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 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 materialsiservices 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
or a partnership consisting of
of the City of
corporation organized under the laws of the State of
or an individual trading as
City: State: Zip
M/WBE Firm: Woman Black American Native American
Hispanic American Asian Pacific American Other S ecif
ITB-05-110-BM.doc 2
By
Authorized Representative - must sign by hand
Officer Mame and
Please Print
Business Telephone Number.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
ITB-05-110-Wdoc
Window Cleaning Services at LPSIA — Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB ## 05 -110 -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 Window Cleaning
Services at LPSIA — Annual Pricing per the attached specifications. Sealed bids will be received no
later than 2:00 p.m. CST, September 28, 2005, 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 # 05 -110 -BM, Window Cleaning Services at LPSIA — Annual Pricing" AND THE BID
OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME
AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER, Bids must be
addressed to:
Victor Kilman, Purchasing & Contract Manager
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
9:00 A.M., September 14, 2005, in the Ambassador Room of Lubbock Preston Smith International
Airport, Lubbock, Texas. All persons attending the conference will be asked to identify themselves and
the prospective bidder they represent.
2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The
City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do
not attend the pre-bid meeting.
ITB-05-110-BMADc 4
2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre-bid
meetings are available to all persons regardless of disability. If you would like information made
available in a more accessible format or if you desire assistance, please contact the City of Lubbock 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 res onsibili to advise the City of Lubbock Purchasing Manager if any lan a e 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 138s Street
Lubbock, Texas 79401
Fax: (806) 775-2164
RFPDepot: btV://www.RFPdepot.com
ADDENDA & MODIFICATIONS
4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Intemet at hqp://www.RFPdepot.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.RFPde 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.
BID SUBMITTAL
ITB-05-110-BM.doc 5
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 M 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.
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
ITB-05-110-BM.doc 6
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.
9 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 econonucally 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, infarmation, 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.
V 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;
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;
ITB-05-110-BM.doc 7
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
Iowest 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 REQUIREMEN'T'S 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
with the requirements as written. Conditional or qualified bids, unless specifically allowed, shall be
subject to rejection in whole or in part.
ITB -05-11 o -BM. doc 8
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 fiirnish 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.
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.
ITB-05.110-BM.doc
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 CONTRACT TERM AND PRICING
22.1 The contract shall be for a term of three -years, said date of term beginning upon City Council date of
formal approval. The City and Contractor may, upon written mutual consent, providing a minimum of 90 -
days, terminate the contract.
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. If you have any questions, please contact the City of Lubbock Purchasing Manager
at (806) 775-1165.
ITB-05-110-BM.doc 10
Window Cleaning Services at LPSIA — Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 05 -110 -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.
Commercial General (public) Liability — Contractor's insurance shall contain broad form contractual liability with a
combined single limit of a minimum of $100,000 each occurrence and in the aggregate:
Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $100,000 per occurrence,
and include coverage for, but not limited to the following:
Any and all vehicles owned, used or hired
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. Contractor, 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 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.
ITB -05 -110 -BM. doc 11
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 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 - Purchasing Manager
City of Lubbock
1625 13a' 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-05-110-BM.doc 12
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/Sta
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.
ITB-05-114-BM.doc 13
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
MADE 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 Infiin eg ments: 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.
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 Majeure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms
of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood.
ITB -05 -110 -BM. doc 14
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.
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 ornission 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-05.110-BM.doc 15
Window Cleaning Services at LPSIA — Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 05 -110 -BM
IV. Contract Specifications
GENERAL REQUIREMENTS
1. All glass surfaces shall be cleaned leaving the glass surfaces free of spots, scale, grime, mineral deposits and hard
water stains. All metal edges shall be free of dust and debris.
2. All interior metal windowsills will be cleaned/dusted/wiped down to remove any fluids, dust or debris.
3. All window cleaning shall be done in a manner as not to interfere with the daily operations of the building.
4. Cleaning compounds shall not damage glass or seals on windows. Upon request, the successful bidder must submit
MEDS or Other product literature for any cleaning compounds or chemicals brought on to airport property. The
contractor shall be responsible for any etching or scratching of glass or metal frame surface caused by cleaning
compounds or cleaning methods.
5. When scaffolding, ladders and/or lifts are required they will be clearly marked/coned so as to not create a safety
hazard or interfere with day-to-day operations of the terminal building. Scaffolding, ladders and/or lifts will not be
left unattended unless specific authorization from the maintenance supervisor is received.
6. Any debris or trash that accumulates during window cleaning work shall be removed from the site and disposed of
in a proper manner.
7. The successful bidder shall meet all security requirements of Lubbock Preston Smith International Airport.
8. Any cracked or damaged windows will be reported to the airport's maintenance supervisor.
9. All work will be done during regular airport work hours Monday through Friday from 7:00 am to 8:00 pm.
10. The successful bidder is required to have access to a lift that will allow cleaning windows at a maximum height of
25 feet.
11. The successful bidder must check in with the building's maintenance supervisor before commencing work each
time.
12. There will be a non -mandatory pre-bid meeting where all bidders can familiarize themselves with what windows
need cleaning, locations, etc., to clarify requirements.
13. The successful bidder will invoice the airport at the end of the month's cleaning cycle. The invoice will state the
month for which services have been rendered, and is to be payable within 30 days of receipt by the airport. No
back drafting of invoices will be allowed.
14. A checklist and assessment (satisfactory or unsatisfactory) will be utilized by the airport's maintenance supervisor
after each cleaning so as to standardize performance. Any unsatisfactory rating will be redone by the contractor at
the contractor's expense and before the invoice is to be paid. Excessive and monthly repeating of unsatisfactory
marks will be criteria for terminating the contract. This checklist will be available to the bidders at the pre-bid
meeting.
ITB-05-110-BM.doc 16
WINDOW CLEANING REQUIREMENTS
Contractor shall conform to items 1 through 11 as specified in GENERAL REQUIREMENTS above.
A. Annual Cleanine to be Conducted Once Per Contract Term:
1. The exterior side of all exterior windows at the LPSIA terminal. An `exterior window' is any window on
the outside of the building that is exposed to the elements. Note: Since the exterior windows at each
entranceway to the terminal building are addressed in monthly cleaning, they are excluded (see B1).
2. The exterior side of all interior windows on the second floor of the terminal building that overlook the
carpettsterile area shall be cleaned once per contract term (once every 12 months).
B. Monthly Cleaning:
1. The windows in the four (4) terminal entranceways shall be cleaned once a month (interior and exterior).
NOTE: `terminal entranceway' includes four entrances on the front curb of the terminal that lead from the
curb into the terminal building. The windows to be cleaned at each entranceway include all windows that
overlook the roadway below and all glass on and above the sliding doors.
2. The interior sides of all exterior windows in the terminal building that begin at the floor/stairway level and
end at the first ceiling (higher windows not included). Note: an `exterior window' is any window on the
outside of the building that is exposed to the elements.
3. The interior side of all windows on the second floor of the terminal building that overlooks the carpet
side/sterile area.
C. Windows Excluded:
1. Glass block windows between carpet/sterile side and brick side of terminal.
2. Revolving doors and fire exits adjacent to the revolving doors.
3. Ramp level windows leading into office areas.
4. Business center windows on carpet/sterile side of the building.
5. Any windows covered by canvas blinds.
6. Sliding Glass doors between brick and carpet/sterile side of the building.
7. Glass at entrance to bar/lounge area.
ITB-05-110-8M.doc 17
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 prior to
date shown for receipt of bid to: Victor Kilman, Purchasing & Contract Manager, City of Lubbock, P.O. Box 2000,
Lubbock, Texas 74457.
We, the undersigned, have declined to bid on your ITB #05 -110 -BM for the following reasons):
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 producds 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 pennit 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 specify below)
REMARKS:
Company Name:
City:
Contact Name:
Business Telephone Number
Internet Address:
Company's Internet Web Page
ITB-05.110-BM.doc 18
State: Zip
Title:
FAX:
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
firth 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-05-110-Wdoc 19
CITY OF LUBBOCK
NON -COLLUSION AFFIDAVIT
STATE OF TEXAS
ss
LUBBOCK COUNTY
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.
NAME OF FIRM
SIGNATURE OF BIDDER
TITLE
Subscribed and sworn to before me this day of , 2005
Notary Public in and for the State
of Texas residing at
NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL
ITB-05.110-BM.doc 20
THIS CONTRACT, made and entered into this
heretofore adopted by the City of Lubbock,
, ("Contractor").
TY OF LUBBOCK
2ACT FOR SERVICES
For
>ervices at LPSIA — Annual Pricing
I No. 05 -110 -BM
day of , 2005, pursuant to a resolution
Texas, by and between the City of Lubbock ("City"), and
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for 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
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:
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 specifically referred to
as Item(s) No. 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.
2. 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:
Cornmercial General (public) Liability insurance, per occurrence, and in the aggregate in an amount not less than
$100,000:
Automotive Liability insurance, per occurrence, in an amount not less than $100,000 combined single limit including
coverage for the following:
Any Auto
ITB-05-110-BM.doc
21
The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as primary
additional insureds 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 noncontributing 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.
b. 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 #105 -110 -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 fust above
written. Executed in triplicate.
CITY OF LUBBOCK
Marc McDougal, Mayor
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
Attorney
ITB-05.110-BM.doc 22
CONTRACTOR
BY
Authorized Representative
Address