(01) - RFP 26-19824-KM.pdf

RFP 26-19824-KM

North Point Public Improvement District (PID) Landscape

Maintenance

1. INSTRUCTIONS TO OFFERORS

1.1 Offerors may submit proposals electronically by uploading required documents at the

City of Lubbock’s partner’s website, Bonfire. Refer to Bonfire for Submission

Instructions. This Request for Proposals is for your convenience in submitting an offer for the specified services. If submitting electronically, do not submit paper documents. If you choose to submit in hard copy, submit one original paper copy of your submittal to the office of the Director of Purchasing and Contract Management:

Physical: Marta Alvarez, Director of Purchasing and Contract Management

City of Lubbock

1314 Avenue K, 9th Floor

Lubbock, Texas 79401

Mailing: Marta Alvarez, Director of Purchasing and Contract Management

City of Lubbock

P.O. Box 2000

Lubbock, Texas 79457

MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE

DATE/TIME

The City of Lubbock appreciates your time and effort in preparing your proposal. All offerors should familiarize themselves with the following Instructions to Offerors and

General Requirements, attached.

Sealed proposals and electronic submittals submitted through the Bonfire portal, shall be received until:

August 27, 2026, prior to 3:00 P.M.

Please allow time to upload required documentation. 24hrs in advance is recommended.

Offerors are responsible for making certain proposals are submitted to the Purchasing and Contract Management Department.

Offerors are responsible for making certain proposals and proposed contracts are delivered to the Purchasing and Contract Management Department. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all.

If offeror does not hand deliver a proposal, 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 a proposal, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified.

1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT FAX PROPOSALS.

1.4 Proposals may be withdrawn prior to the above scheduled time set for closing.

Alteration made before RFP closing must be initialed by the offeror guaranteeing authenticity.

1.5 The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum.

Proposals may be withdrawn prior to the above scheduled time set for closing. A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind.

2. PRE-PROPOSAL MEETING

2.1. For the purpose of familiarizing proposers with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for

Proposal (RFP) documents, a pre-proposal meeting will be held on pre-pro date, August 18, 2026, at 11:00 A.M. via teleconference. The Zoom meeting information is as follows:

Website:https://us02web.zoom.us/j/81906047999?pwd=Zoc7bTzZbbf1SEynzrnrt4Nbbry0IY.1

Meeting ID: 819 0604 7999

Passcode: 1314

All persons attending the conference will be asked to identify themselves and the prospective proposer they represent.

2.2. It is the proposer’s responsibility to attend the pre-proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-proposal meeting to proposers who do not attend the pre-proposal meeting.

2.3. The City of Lubbock does not discriminate against person with disabilities. City of

Lubbock pre-proposal 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, 1314 Ave.

K, (806)775-2018 at least forty-eight (48) hours in advance of the conference.

https://us02web.zoom.us/j/81906047999?pwd=Zoc7bTzZbbf1SEynzrnrt4Nbbry0IY.1

3. CLARIFICATION OF REQUIREMENTS

3.1. It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It is the offeror’s responsibility to advise the City of Lubbock Director of

Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this

RFP to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days prior to the proposal closing date. A review of such notifications will be made.

3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION

CONCERNING THIS REQUEST FOR PROPOSAL (RFP) MUST BE

SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS

PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO:

Kiara Morgan, Buyer IV

City of Lubbock

1314 Avenue K, 9th Floor

Lubbock, TX 79401

Fax: (806) 775-2164

Email: KMorgan@mylubbock.us

4. CONTRACT TERM

4.1. The contract shall be for a term of one (1) year, with the option of four (4), one year extensions, said date of term beginning upon formal approval. This Contract will renew automatically for the additional terms, unless either Party gives 90-day written notice to terminate the Contract.

Actual usage may be more or less. Order quantities will be determined by actual need.

The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The

Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance.

5. PRICE INCREASE

5.1. Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate may be adjusted at the City’s discretion for the effective change in Consumer Price

Index (CPI) or Product Price Index (PPI) as appropriate.

5.2. Further, if the Contractor can provide documentation for actual charges for material, labor, etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such documentation to the City, and at the City’s sole discretion, the contractual rate may be further adjusted. If agreement regarding a new rate cannot be reached, the

City shall terminate at the end of the current contract period.

5.3. If an adjustment to pricing is granted under this section, the Contractor must provide the

Director of Purchasing and Contract Management written, quarterly documentation to justify the ongoing adjustment. If no such documentation is timely received, the rate will automatically revert to the initial, awarded rate.

mailto:KMorgan@mylubbock.us

6. TERMINATION OF CONTRACT

6.1. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city.

7. ADDENDA & MODIFICATIONS

7.1. The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum.

7.2. Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/.

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.

7.3. Any offeror in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation thereof from the Purchasing and Contract Management

Department. At the request of the offeror, or in the event the Purchasing and Contract

Management Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing and Contract Management

Department. Such addenda issued by the Purchasing and Contract Management

Department will be available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/ and will become part of the proposal package having the same binding effect as provisions of the original RFP. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock

Purchasing and Contract Management Department no later than five (5) days prior to the proposal closing date.

7.4. The City does not assume responsibility for the receipt of any addendum sent to offerors.

8. EXAMINATION OF DOCUMENTS AND REQUIREMENTS

8.1. Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements prior to submitting a proposal to ensure that the proposal meets the intent of this RFP.

8.2. Before submitting a proposal, each offeror shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the offeror from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposal.

8.3. All proposals, responses, inquiries, or correspondence relating to or in reference to this

RFP, and all electronic media, reports, charts, and other documentation submitted by offerors shall become the property of the City of Lubbock when received.

https://ci-lubbock-tx.bonfirehub.com/portal/ http://library.ci.lubbock.tx.us/

9. PROPOSAL PREPARATION COSTS

9.1. Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal.

9.2. The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment.

9.3. All costs related to the preparation and submission of a proposal shall be paid by the proposer.

10. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC

INFORMATION ACT

10.1. If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions.

10.2. Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code

252.049(b)

10.3. 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 proposal 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 proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the

Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local

Government Code, then such information will be made available to the requester.

10.4. Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act.

10.5. Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using the link provided below.

https://lubbocktx.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjnycegwpcs))/SupportHome

.aspx

10.6. For more information, please see the City of Lubbock Public Information Act website at: https://ci.lubbock.tx.us/pages/public-information-act https://lubbocktx.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjnycegwpcs))/SupportHome.aspx https://lubbocktx.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjnycegwpcs))/SupportHome.aspx https://ci.lubbock.tx.us/pages/public-information-act

11. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS

11.1. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

11.2. A DBE 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 or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans.

12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS

12.1. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

12.2. 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 or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans.

13. CONFLICT OF INTEREST

13.1. The Offeror 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.

13.2. By signing their proposal, the offeror certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this RFP.

13.3. It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock

13.4. Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire, Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be filed with the records administrator of the City of

Lubbock not later than the Seventh business day after the date the person becomes aware of the facts that require the statement to be filed. The questionnaire can be found at:

https://www.ethics.state.tx.us/forms/conflict/

For the City of Lubbock, these forms should be filed with the City Secretary’s Office, P.O. Box 2000, Lubbock, Texas, 79457

See Section 176.006, Local Government Code:

http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm.

A person commits an offense if the person violates Section 176.006, Local

Government Code.

An offense under this section is a Class C misdemeanor.

14. CERTIFICATE OF INTERESTED PARTIES

14.1. Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas

Government Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply:

1) Contract requires an action or vote by the City Council (governing body); OR

2) Contract value is $1 Million or greater; OR

3) Contract is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code.

This must be done before executing the contract. The disclosure form may be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable).

14.2 A contract described by Subsection (b) of Government Code Section 2252.908 entered into by a governmental entity or state agency is voidable for failure to provide the disclosure of interested parties required by this section only if: (1) the governmental entity or state agency submits to the business entity written notice of the business entity

’s failure to provide the required disclosure; and (2) the business entity fails to submit to the governmental entity or state agency the required disclosure on or before the 10th business day after the date the business entity receives the written notice under

Subdivision (1).

15. ANTI-LOBBYING PROVISION

15.1. DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE

CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND

REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR

PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY

STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK

PURCHASING DEPARTMENT IN THE COURSE OF CITY-SPONSORED

INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS.

https://www.ethics.state.tx.us/forms/conflict/ http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

15.2. This provision is not meant to preclude offerors from discussing other matters with City

Council members or City staff. This policy is intended to create a level playing field for all potential offerors, assure that contract decisions are made in public, and to protect the integrity of the RFP process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the offeror's proposal.

16. AUTHORIZATION TO BIND SUBMITTER OF PROPOSAL

16.1. Proposals must show vendor name and address of offeror. The original proposal must be manually signed by an officer of the company having the authority to bind the submitter to its provisions. Person signing proposal must show title or AUTHORITY

TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign proposal will disqualify it.

17. ABOUT THIS DOCUMENT

17.1. This document is a Request for Proposal. It differs from an Invitation to Bid in that the

City of Lubbock is seeking a solution, as described in the following General

Requirements section, not a bid/quotation meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee an award recommendation. Sealed proposals will be evaluated based upon criteria formulated around the most important features of a product or service, of which quality, testing, references, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well an offeror's approach meets the desired requirements and needs of the City of Lubbock. Those criteria that will be used and considered in evaluation for award are set forth in this document. The City will thoroughly review all proposals received. The City will also utilize its best judgment when determining whether to schedule a pre-proposal conference (before proposals are accepted), or meetings with offerors (after receipt of all proposals). A Purchase

Order/Contract will be awarded to a qualified offeror submitting the best proposal. The

City reserves the right to select, and subsequently recommend for an award, the proposed service which best meets its required needs, quality levels, and budget constraints.

18. EVALUATION PROCESS

18.1. All proposals will be evaluated by an evaluation committee and may include senior management representatives, a financial officer, and/or an independent consultant.

18.2. Respondents to this RFP may be required to submit additional information that the City may deem necessary to further evaluate the offeror’s qualifications.

18.3. The committee will evaluate and numerically score each proposal in accordance with the evaluation criteria included in the Request for Proposal.

18.4. The committee will arrive at a short list of the top respondents and these short-listed respondents may be scheduled for a structured oral presentation and interview. Such presentations will be at no cost to the City of Lubbock. At the end of the oral presentation and interview, the evaluation of the short-listed respondents will be completed. The oral interview may be recorded and/or videotaped.

19. SELECTION

19.1. Selection shall be based on the responsible offeror(s) whose proposal(s) is/are determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP.

19.2. The successful offeror(s) will be expected to sign a contract substantially like that in the example provided.

19.3. NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO

LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT,

AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS

SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST

FOR PROPOSAL.

20. EQUAL EMPLOYMENT OPPORTUNITY

20.1. Offeror 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 a violation of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

21. NON-APPROPRIATION

21.1. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 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.

22. PROTEST

22.1. All protests regarding the RFP process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local

Government Code, as well as any protest relating to alleged improprieties with the RFP process. This limitation does not include protests relating to staff recommendations as to award of contract. 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.

FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL

CONSTITUTE A WAIVER OF ANY PROTEST.

23. THE CITY RIGHT TO AUDIT

23.1. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due

Contractor.

24. NON-ARBITRATION

24.1. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control.

25. ASSIGNING OR SUBLETTING THE CONTRACT

25.1. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management.

Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements.

26. TEXAS GOVERNMENT CODE SECTION 2252.152

26.1. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist

Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The

Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization.

27. TEXAS GOVERNMENT CODE SECTION 2271.002

27.1. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and

(2) will not boycott Israel during the term of the contract.

28. TEXAS PUBLIC INFORMATION ACT

28.1. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body.

29. CONFIDENTIALITY

29.1. The Contractor shall retain all information received from or concerning the City and the

City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law.

30. INDEMNITY

30.1. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement.

31. SUSPENSION AND DEBAREMENT

31.1. Contractor certifies that at the time of submission of its bid, Contractor was not on the federal government’s list of suspended, ineligible or debarred contractors and that

Contractor has not been placed on this list between the time of bid submission and the time of execution of the Contract. If Contractor is placed on this list during the term of the contract, Contractor shall notify the Lubbock County Director of Purchasing. False certification or failure to notify may result in termination of the contract for default.

31.2. 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.

31.3. By submitting a proposal in regard to this request, this firm certifies that neither this firm nor its principals are suspended or debarred by a Federal agency.

32. INSURANCE REQUIREMENTS

32.1. Prior to the approval of this contract by the City, the Contractor shall furnish a completed

Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM

UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN

DELIVERED TO THE CITY.

32.2. 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.

32.3. 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):

Liability Insurance

Commercial General Liability $1,000,000 per Occurrence /

(To include Products – Completion/OP, $2,000,000 Aggregate

Personal and Advertising Injury, *Additional Insured required

Contractual Liability, Fire Damage (any one fire), *Waiver of Subrogation required and Medical Expenses (any one person).)

Automobile Liability Insurance

Commercial Auto Liability $1,000,000 Combined Single Limit

(Any auto, including hired, and *Additional Insured required non-owned autos) *Waiver of Subrogation required

Workers’ Compensation Insurance

Workers’ Compensation Statutory Limit

Employer’s Liability $1,000,000 per Occurrence

$1,000,000 Disease – Each Employee

$1,000,000 Disease – Policy Limit

*Waiver of Subrogation required

*The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp.

* Waivers of Subrogation are required for CGL, AL, and WC.

* To Include Products of Completed Operations endorsement.

* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment.*

* Carriers must meet an A.M. Best rating of A- or better.

*Subcontractors must carry the same limits listed above.

IMPORTANT: POLICY ENDORSEMENTS

The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor.

REQUIRED PROVISIONS

The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions:

a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage;

b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;

c. Provide for notice to the City at the address shown below by registered mail;

d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance;

e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

NOTICES

The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement

CERTIFICATE OF INSURANCE.

All notices shall be given to the City at the following address:

Marta Alvarez, Director of Purchasing & Contract Management

City of Lubbock

1314Avenue K, 9th Floor

Lubbock, Texas 79401

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.

City of Lubbock, TX

RFP 26-19824-KM

North Point Public Improvement District (PID)

Landscape Maintenance

I. GENERAL PROVISIONS

1.0 DEFINITIONS

1.1 Agent – An employee of the City of Lubbock, who is appointed by the City to monitor the work and actions of the Contractor.

1.2 City – The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas.

1.3 City Council – City Council of the City of Lubbock, Texas.

1.4 Contract – The contract consists of the following: Notice to bidders; General Provisions; Specifications; Plans; Addenda; Bid; Agreement; Insurance;

Encumbrance; Notice to Proceed; and Change Orders. These form the agreement whereby the Contractor shall furnish all labor, equipment, tools, materials, and perform all work necessary to satisfactorily accomplish the proposed plan, sponsored by the City.

1.5 Contract Time – The number of allowable days to complete the contract.

1.6 Contractor – The individual, firm, partnership, joint venture, or corporation contracting with the City to perform work.

1.7 Cycle – The period in which each service is completed once.

1.8 Director of Business Development – The individual who shall act on the City’s behalf and appoint an Agent to ensure compliance with the contract requirements, such as but not limited to, acceptance, inspection and delivery.

1.9 Excluded Damage – Damage caused by vandalism, pedestrians, vehicles, animals (except insects and/or rodents), or other unusual factors. It does not include damage caused by the Contractor’s actions, lack of reasonable care, pest damage (such as insects), diseases or plant loss due to lack of water caused by an irrigation system programming error, irrigation system breakage or irrigation malfunction.

1.10 Existing Conditions, Examination of Site – Within fifteen (15) days from the date of Award of Contract, the Contractor shall make a thorough examination of the current conditions at the site. As part of the examination, the Contractor shall create an inventory list of the name and quantity of each plant in each planter and confirm the existing quantities in each planter meet or exceed those shown on any previous plant inventories. The Contractor shall make a list of all landscape items at the site that he/she believes are broken, missing, not healthy or otherwise not in compliance with these specifications. A copy of this list, along with an additional itemized quote for correcting each item, shall be given to the Agent. Upon confirmation of each item, the Agent will either give the Contractor written authorization to make the correction or a written release from responsibility for the item.

1.11 Extra Work – Work over and above that called for in the contract.

Exhibit A

1.12 Mayor – The duly appointed official of the City of Lubbock, Texas, who is empowered by the City Charter to enter into a contract on behalf of the City.

1.13 Notice to Proceed – Written notice to the Contractor issued and signed by the authorized Agent stating the date on which the Contractor should proceed with work as stated in the contract.

1.14 Review Committee – A committee chosen by the City of Lubbock, to analyze and recommend to City Council the best Contractor(s) to perform the tasks governed by the contract.

1.15 Specifications – The directions, provisions, and requirements pertaining to the method and manner of performing the work or to the quality of the materials and equipment to be furnished under the contract.

1.16 Subcontractor – Any individual, firm, partnership, or corporation licensed or otherwise authorized by law to do business in Texas, to whom the Contractor, with written consent of the City, sublets a part of the work.

1.17 Surety – The corporation, partnership or individual, duly authorized and admitted to do business in Texas and licensed by the State of Texas to issue surety bonds, who is bound with and for the Contractor to assume legal liability for the faithful performance of the contract.

1.18 Unit Price – Payment to the Contractor based on a unit or portion of the work performed.

1.19 Work – All work, including the furnishing of staff, equipment, materials, and other incidentals necessary for the performance of the contract. All work will be in the public right-of-way per attached exhibit.

2.0 TERMS AND CONDITIONS

2.1 Work: It is the intent for the Contractor to provide for completion in every detail the work described herein. The Contractor shall provide all labor, tools, transportation, materials, and equipment necessary to complete the work in accordance with specifications provided and terms of the contract. Exhibit C, the attached “North Point Map” indicates the completed landscaped areas.

Bidders are to provide unit pricing that will be applied to landscaped areas completed and accepted for maintenance. The City of Lubbock reserves the right to add or remove areas of work to the contact at any time. All changes shall be in writing.

2.2 Specification Change: During the term of the Contract, the City may change maintenance frequencies, thereby increasing or decreasing maintenance frequencies. Unit pricing will be used to determine cost adjustments. All changes shall be in writing.

2.3 Changed Condition: If the Contractor finds latent conditions which differ from those outlined in the contract or specifications which differ from customary work, and which the Contractor could not have discovered during the investigation of the site prior to the bid, and in which such condition increased the expense to the Contractor, immediate written notice shall be promptly mailed to the Director of Business Development or their Agent. The Contractor shall afford the City the opportunity to inspect the same. After inspection by the City, the Contractor shall

2.4

2.5

2.6

2.7 not delay work pending a decision to be made by the City regarding the claim.

Failure of the Contractor to give prompt written notice and afford the City the opportunity to inspect the condition, before it is disturbed, shall be deemed a waiver by the Contractor of all claims and extra compensation arising out of the alleged condition.

If the Director of Business Development or the Agent determine that the Contractor is entitled to extra compensation by reason of increased expense to the Contractor and caused by the condition, and find that the condition requires work not covered in the contract, a change order may be executed for additional compensation which shall be agreed upon by all parties involved and approved by the Director of Business Development or their Agent. Additional time may be granted if the City deems additional time is necessary to accomplish the job. No change order or combination of change orders shall exceed twenty-five percent (25%) of the total contract.

Clean-up: As specified in Exhibit B, all work shall be cleaned up and waste materials removed from the site. No equipment shall be left at maintenance sites and all material removed from the job shall be at the Contractor’s expense. If materials or waste are not removed from the site, written notification from the Agent shall be delivered to the Contractor. The Contractor shall have forty-eight

(48) hours to remove the material in question. If the material in question is not removed in the forty-eight (48) hour period, the City shall remove the material and the Contractor shall be charged for the expense. Payment to the City for said expenses shall be deducted from the Contractor’s payment. If such conditions continue, the contract may be terminated due to breach of contract.

Preservation and Restoration of Property: The Contractor is responsible for the preservation of all City owned and adjacent property owner lands of which the Contractor may come into contact with. The Contractor shall use every precaution necessary to prevent damage to trees, shrubs, above and below ground structures, utilities and any other form of property. Should damage occur, it is the Contractor’s responsibility to report the damage to the Director of Business Development or their Agent as soon as possible but not exceeding twenty-four (24) hours from the time damage occurred. If damage occurs as a result of Contractor’s actions, the Contractor shall be held responsible to repair or replace the damaged property at their own expense. Time required to repair damaged property shall be expedient and to the approval of the Director of Business Development or their Agent. If the damage is not repaired in the agreed upon time period, the City may after forty-eight (48) hours notice from the Director of Business Development or their Agent, proceed to repair the damage. The Contractor shall be held financially responsible for the repair work and the cost shall be deducted from the Contractor’s payment.

Equipment: The Contractor shall provide everything necessary to fulfill the requirements of this contract. All equipment shall meet all applicable federal, state and local laws and regulations. Contractors’ equipment is subject to inspection and approval of the Director of Business Development or their Agent. All manufacturers’ safety features must be operational, in good repair and in proper positions during operation. All equipment shall be professional grounds maintenance quality and in good condition throughout the course of the contract.

If the Director of Business Development or their Agent deems the equipment faulty or if the equipment is damaging the turf or other surfacing materials in any way, the Contractor shall remove the equipment from the premises. The Contractor shall not impede other grounds maintenance operations during the course of those maintenance operations.

Service Boundaries: The service area may be bounded by hard surfacing materials, sidewalks, or non-curbed turf areas. The Contractor shall be responsible for all areas defined by turf or hard surfacing. However, the Contractor is not responsible for edging of un-curbed turf. Although the mowing Contractors are required to operate mowing equipment in a manner that directs the clippings away from plant beds, the nature of mowing equipment will at times allow some clipping debris to drop into planting areas.

2.8 Termination of Contract: This contract shall remain in effect until the expiration date for performance of services ordered. Termination of either party requires a thirty (30) day written notice prior to any cancellation. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next best bidder as it deems to be in the best interest of the City.

3.0 CONTROL OF WORK

3.1 Authority of the Director of Business Development: It is understood by all parties that the work is to be done to the satisfaction of the Director of Business Development or their authorized Agent(s). The Director of Business Development or their Agent shall interpret all specifications and shall determine the acceptability of all work. The Director of Business Development or their Agent shall decide the classification, quality, amount of all work done under the contract, shall be the sole administrator of payments, and his or her decision shall be final, conclusive and binding on all parties.

3.2 Authority of the Agent: The Director of Business Development may appoint an

Agent or Agents to serve as an inspector. The Agent(s) shall be allowed to inspect all work at any time. The Agent shall not be allowed to alter, revise, add, or delete anything from the contract or specifications. An Agent’s duties shall include keeping the Director of Business Development notified as to the progress of the job and the procedures involved in completing the job. The Agent shall call to the attention of the Director of Business Development and the Contractor any deviation of contract or specifications, but failure of the Agent or of the Director of Business Development to call to the attention of the Contractor any deviation of the contract or specifications shall not constitute acceptance of said work. The Agent shall have the authority to suspend any work pending a decision by the Director of Business Development.

3.3 Extra Work: Extra work being done by the Contractor without authorization through change orders, or work which is not shown on the contract or specifications, shall be considered as unauthorized work; and if performed shall be at the risk of the Contractor. The Director of Business Development reserves all rights to refuse payment for such work.

3.4 Unauthorized Work: All work and/or materials which do not conform to the contract and specifications, and work done contrary to written instructions of the Agent or Director of Business Development shall be done at the expense of the Contractor. The Contractor may be ordered to remove or remedy such work at its own expense. If Contractor damages adjacent property, the Contractor shall remedy such property at its own expense.

3.5 Final Inspection: Final inspection of the site shall take place by the Director of

Business Development or their appointed Agent as soon as possible after the completion of the project. If the project is completed in cycles, the project shall be inspected after each cycle by the Agent. The Contractor shall be allowed to be present at the examination.