5-003 Bid Schedule 27001239.pdf

BID SCHEDULE

FY2027 Landscape and Vegetation Maintenance Services Project

The various items in the Bid Schedule shall be paid at the unit price bid. Bidder agrees to perform all work described in the Contract Documents for the following unit prices:

These unit prices or lump sums shall be full compensation for furnishing all materials, equipment, labor, tools, power and transportation necessary to complete the various items of the project.

The estimated quantities shown in this Bid Schedule are approximate and are to be used only as a basis for estimating probable cost of the work to be accomplished. In addition, the City of Midland reserves the right to increase, reduce, or delete any item(s) in the bid schedule as deemed to be in the best interest of the City.

Award of contract shall be determined by the lowest responsible bid based on the total quantities and unit prices of the base bid. Payment shall be based on the unit price for the actual amount of such work completed.

The initial term of the Contract shall begin on the date of award and continue through September 30, 2027. Work shall begin only upon written authorization from the City.

Subject to appropriation of funds, satisfactory Contractor performance, and required City approvals, the City shall have the option to renew the Contract for up to four additional one-year terms. The City may exercise each renewal option by providing written notice to the Contractor not less than thirty (30) days before expiration of the then-current term. No further agreement by the Contractor shall be required to exercise a renewal option.

Total compensation for work performed during each term shall not exceed the following amounts:

Contract Term Dates Maximum Expenditure

Initial Term Date of award through September 30, 2027 $1,500,000.00

First Renewal October 1, 2027 through September 30, 2028 $1,750,000.00

Second Renewal October 1, 2028 through September 30, 2029 $2,000,000.00

Third Renewal October 1, 2029 through September 30, 2030 $2,250,000.00

Fourth Renewal October 1, 2030 through September 30, 2031 $2,500,000.00

These amounts are expenditure ceilings only and do not constitute guaranteed expenditures, minimum quantities, or authorization to perform work. Actual expenditures remain subject to available appropriations, required City approvals, and City authorization of work within the Contract scope. Unused expenditure authority shall not carry forward to a subsequent term.

Unit prices shall remain firm throughout the initial contract term. For each renewal term, unit prices shall be adjusted by the percentage increase in the Consumer Price Index, All Items, Dallas–Fort Worth SMA, measured from the first date of the Contract to the date of the request for adjustment. No adjusted unit price shall exceed the corresponding original bid unit price by more than fifteen percent (15%). This limitation is cumulative over the Contract and all renewal terms and is not a separate annual increase allowance. Adjustments shall apply beginning with the applicable renewal term, and adjusted unit prices shall remain firm throughout that term. No separately negotiated markup or other renewal price adjustment shall be permitted.

An increase in expenditure ceiling does not increase any unit price. Unit-price adjustments shall not increase the expenditure ceilings stated above. Payment shall be based on the applicable contract unit prices and quantities of work authorized by the City, satisfactorily completed, and accepted.

BASE BID – FY 2027 Landscape and Vegetation Maintenance Services Project

Item Description Unit Qty Unit Price TOTAL 1 Mowing (3 Cycles Totaled) Acres 911.01 2 Tree Trimming Hours 400 3 No Mow Areas (Xeriscape and Beds) 12 Cycles Totaled SQ FT 5,752,152 4 No Mow Areas (Hardscape) 12 Cycles Totaled SQ FT 2,725,032 5 Irrigation Maintenance Hours 480 6 Irrigation Installation/Renovation Hours 160 7 Tree Removal Type A EA 35 8 Tree Removal Type B EA 10

INSTRUCTIONS TO BIDDERS

1. VENDOR CONTACT:

All potential vendors shall direct ALL questions, areas for bid clarification and specification verification to the Purchasing Agent IN WRITING, via mail or fax as follows:

The City of Midland Office of the Purchasing Agent OR FAX: (432) 685-0523 P.O. Box 1152 Midland, TX 79702 E-Mail:

purchasing@midlandtexas.gov

All vendors on the bid list will then be notified of the questions and presented an answer. Verbal responses shall not be considered binding.

2. AWARD

If the Contract is awarded, it will be awarded to either the lowest responsible bidder, or to the bidder who provides goods or services at the best value for the City of Midland. In determining the best value for the City of Midland, the City of Midland may consider the criteria enumerated in Section 252.043 of the Texas Local Government Code.

3. BID WAIVERS:

A. WAIVER OF ATTORNEY FEES: BY EXECUTING THIS CONTRACT, BIDDER

AGREES TO WAIVE AND DOES HEREBY KNOWINGLY, CONCLUSIVELY, VOLUNTARILY AND

INTENTIONALLY WAIVE ANY CLAIM IT HAS OR MAY HAVE IN THE FUTURE AGAINST THE

CITY, REGARDING THE AWARD OF ATTORNEY’S FEES, WHICH ARE IN ANY WAY RELATED

TO THE CONTRACT, OR THE CONSTRUCTION, INTERPRETATION OR BREACH OF THE

CONTRACT. THE BIDDER SPECIFICALLY AGREES THAT IF THE BIDDER BRINGS OR

COMMENCES ANY LEGAL ACTION OR PROCEEDING RELATED TO THIS CONTRACT, THE

CONSTRUCTION, INTERPRETATION, VALIDITY OR BREACH OF THIS CONTRACT,

INCLUDING BUT NOT LIMITED TO ANY ACTION PURSUANT TO THE PROVISIONS OF THE

TEXAS UNIFORM DECLARATORY JUDGMENTS ACT (TEXAS CIVIL PRACTICE AND

REMEDIES CODE SECTION 37.001, ET. SEQ., AS AMENDED), OR CHAPTER 271 OF THE TEXAS

LOCAL GOVERNMENT CODE, THE BIDDER AGREES TO ABANDON, WAIVE AND RELINQUISH

ANY AND ALL RIGHTS TO THE RECOVERY OF ATTORNEY’S FEES TO WHICH BIDDER MIGHT

OTHERWISE BE ENTITLED.

BIDDER AGREES THAT THIS IS THE VOLUNTARY AND INTENTIONAL

RELINQUISHMENT AND ABANDONMENT OF A PRESENTLY EXISTING KNOWN RIGHT. THE

BIDDER ACKNOWLEDGES THAT IT UNDERSTANDS ALL TERMS AND CONDITIONS OF THE

CONTRACT. THE BIDDER FURTHER ACKNOWLEDGES AND AGREES THAT THERE WAS AND

IS NO DISPARITY OF BARGAINING POWER BETWEEN THE CITY AND THE BIDDER. THIS

SECTION SHALL NOT BE CONSTRUED OR INTERPRETED AS A WAIVER OF SOVEREIGN

IMMUNITY.

THE BIDDER AND CITY ARE RELYING ON THEIR OWN JUDGMENT. EACH PARTY HAD

THE OPPORTUNITY TO DISCUSS THIS CONTRACT WITH COMPETENT LEGAL COUNSEL

PRIOR TO ITS EXECUTION.

B. BIDDER’S WAIVER:

BY SUBMITTING A BID, THE BIDDER AGREES TO WAIVE AND DOES HEREBY VOLUNTARILY

AND INTENTIONALLY WAIVE, ABANDON AND RELINQUISH ANY CLAIM THE BIDDER HAS

OR MAY HAVE IN THE FUTURE AGAINST THE CITY OF MIDLAND, TEXAS, AND THE CITY’S

EMPLOYEES, AGENTS AND OFFICERS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH

THE FOLLOWING:

1. THE ADMINISTRATION, EVALUATION OR RECOMMENDATION OF ANY BID;

2. WAIVER OR DELETION OF ANY OF THE REQUIREMENTS UNDER THE BID

DOCUMENTS OR THE CONTRACT DOCUMENTS;

3. ACCEPTANCE OR REJECTION OF ANY BIDS; OR

4. AWARD OF THE CONTRACT.

BY SUBMITTING A BID, THE BIDDER ACKNOWLEDGES THAT THE BIDDER UNDERSTANDS

ALL OF THE TERMS OF THE BIDDING DOCUMENTS AND CONSENTS TO THE BIDDING

PROCESS AND THE POSSIBILITY OF A NEGATIVE ASSESSMENT. BY SUBMITTING A BID, THE

BIDDER ACKNOWLEDGES AND AGREES THAT THERE WAS AND IS NO DISPARITY OF

BARGAINING POWER BETWEEN THE BIDDER AND THE CITY OF MIDLAND, TEXAS. THE

BIDDER AGREES THAT THIS IS THE INTENTIONAL RELINQUISHMENT OF A PRESENTLY

EXISTING KNOWN RIGHT. BY SIGNING THE REQUEST FOR BID AND/OR BELOW, YOUR

COMPANY AGREES TO THE ABOVE WAIVER(S).

C. NOTICE OF ALLEGED BREACH; STATUTORY PREREQUISITES:

As a condition precedent to filing suit for alleged damages incurred by an alleged breach of an express or implied provision of this Contract, Company or his legal representative, shall give the City Manager, or any other reasonable official of the City, notice in writing (consisting of one original and seven copies of notice attached to a copy of this Contract) of such damages, duly verified, within one-hundred twenty (120) days after the same has been sustained. The discovery rule does not apply to the giving of this notice. The notice shall include when, where and how the damages occurred, the apparent extent thereof, the amount of damages sustained, the amount for which the Company will settle, the physical and mailing addresses of Company at the time and date the claim was presented and the physical and mailing addresses of Company for the six months immediately preceding the occurrence of such damages, and the names and addresses of the witnesses upon whom the Company relies to establish its claim; and a failure to so notify the City Manager within the time and manner provided herein shall exonerate, excuse and except the City from any liability whatsoever. The City is under no obligation to provide notice to Company that Company’s notice is insufficient. City reserves the right to request reasonable additional information regarding the claim. Said additional information shall be supplied within thirty (30) days after receipt of notice.

The statutory prerequisites outlined herein constitute jurisdictional requirements pursuant to Section

271.154 of the Texas Local Government Code and Section 311.034 of the Texas Government Code.

Notwithstanding any other provision, Company’s failure to comply with the requirements herein shall perpetually bar Company’s claim for damages under Chapter 271 of the Texas Local Government Code, and Section 311.034 of the Texas Government Code, regardless if City has actual or constructive notice or knowledge of said claim or alleged damages. Company agrees that the requirements of this entire Contract are reasonable.

The bidder agrees that this is the intentional relinquishment of the above listed rights.

By Signing below, your company agrees to the above waiver(s). If this form is not signed and included with your bid documents your bid will be considered non-responsive and will be rejected.

Company Name Date

Authorized Signature Phone

Print Above Name Fax