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HomeMy WebLinkAboutResolution - 2021-R0191 - Contract 15796 with Asplundh Tree Expert, LLC 5.25.2021Resolution No. 2021-R0191 Item No. 6.14 May 25, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 15796 for removal of nuisance branches and trees as per RFP 21-15796-CM, by and between the City of Lubbock and Asplundh Tree Expert, LLC, of Golden, Colorado, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 25, 2021 DANIEL M. POPE, qAYOR ATTEST: X--- Rebe ca Garza, City Secre ry APPROVED AS TO CONTENT: Jesica ac , Assistant City Manager KNO-9EZ611FI".RYIIC���L�)�i 1 Yetili Leisure, Assistant City Attorney RES.Contract No. 15796- Removal of nuisance branches and trees May 7, 2021 Resolution No. 2021-R0191 City of Lubbock, TX Removal of Nuisance Branches and Trees Agreement Contract 15796 This Service Agreement (this "Agreement") is entered into as of the 25tday of May 2021 ("Effective Date") by and between Asplundh Tree Expert, LLC, (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 21-15796-CM, Removal of Nuisance Branches and Trees. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Removal of Nuisance Branches and Trees, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Proposal Price Sheet 4. Exhibit C — Insurance Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B and Exhibit C attached hereto. Article 1 1.1 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. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. 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. 1.2 Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City Council date of formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be based on either the local or national index average rage for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.4 All funds for payment by the City under this Agreement 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 Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. 1.5 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. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy 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 do. 2.11 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 of insurance from the Subcontractor that complies with all contract Insurance requirements document, this provision shall control. 2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 2.13 Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 2.14 TEXAS GOVERNMENT CODE SECTION 2252.152 The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such term in Section 2252.151, Texas Government Code. 2.15 TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 2.16 TEXAS GOVERNMENT CODE SECTION 2271.002 The Contractor warrants that it complies with Chapter 2271.002 of the Texas Government Code by verifying that: 1. The Contractor does not boycott Israel; an 2. The Contractor will not boycott Israel during the term of the Agreement. Pursuant to Section 2271.002, Texas Government Code: "Boycott Israel " means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 2.17 CONFIDENTIALITY 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. 2.18 INDEMNITY The Contractor shall indemnify, defend, 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. -----INTENTIONALLY LEFT BLANK----- IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBB K CONTRACTOR / �® BY: L- CJt Daniel M. Pope, Mayor uthorized Representative ATTEST: Garza, City OVED AS blic AS TO FORM Leisure, Assistant City Attorney David L. Fulford Print Name 708 Blair Mill Road Address Willow Grove, PA 19090 City, State, Zip Code EXHIBIT A City of Lubbock, TX RFP 21-15796-CM Removal of Nuisance Branches and Trees GENERAL REQUIREMENTS 1. INTENT 1.1. City of Lubbock Public Works Department (from herein to be referred to as "THE CITY"), is seeking proposals to establish a contract for annual pricing for tree trimming services. The purpose of this contract is to hire tree trimmers to keep public rights of way and easements i.e. streets, parkway, alleyways, water or wastewater utility easements clear of trees, brush in accordance with City of Lubbock Ordinance 2020- 00158. Sec 36.01.005. 2. REGULATIONS RELATING TO WORK 2.1. All work shall be done in a thorough and professional manner in accordance with the contract documents and acknowledged industry standards. Deviations from the contract documents or industry standards shall not be permitted without the prior written consent of the City of Lubbock Division Director of Public Works or their designee. 2.2. These standards include but are not limited to: 2.2.1. All City of Lubbock Ordinances 2.2.2. All State Laws 2.2.3. The City of Lubbock Minimum Design Standards and Specifications 3. DISCUSSION 3.1. The City of Lubbock will request as needed for Maintenance, Operations and Capital Projects removal of trees and brush interfering with City business. The tree removal/pruning operation shall provide clearance as appropriate to maintain clearances as needed in alleys and rights of way. Requested Tree Trimming shall trim back brush and branches at least 1' from the travel path of any City of Lubbock Public Works vehicle in alleyways. 3.2. The tree trimming crews are required to trim or remove trees from the right of way or alleyway as requested by the City. The work will be conducted as needed Monday - Friday during normal operation hours for the City of Lubbock. Any work will be completed as assigned unless otherwise indicated by the City. 4. CONTRACTOR'S WORKFORCE 4.1. The Contractor agrees to furnish qualified personnel as required by City of Lubbock and other State or regulatory agencies. The contractor will provide workers who have sufficient experience in removal of tree limbs and or trees for the purpose of clearing public rights of way. 4.2. All Contractor vehicles will be clearly marked with the business name. 4.3. All Contractor employees are expected to present a clean and well-groomed general appearance and to dress in a manner appropriate with impending environmental conditions (i.e. rain gear or winter clothing) allowing for the work to be performed in a safe and efficient manner. 4.4. The crews will have an onsite foreman responsible for contact with customers who will be able to resolve customer complaints and damage disputes. 4.5. Work or jobs described below are to be done by qualified tree trimmers with at least 3 years' experience in these types of services. Contractor shall maintain a qualified work force experienced in the performance of specified jobs and familiar with all laws, rules, regulations and ordinances regarding the activities stipulated herein. 4.6. Courtesy to the City's customers is required at all times by all employees of the contractor. Every effort shall be made to protect all property that may be affected by the work. Any complaints from the public depending on the severity may cause the removal of this specific worker from all City jobs. 4.7. In addition to the daily work schedule, the crews can be called upon to work in an emergency situation due to inclement weather. These hours will be during normal operations of the City even during inclement weather. 4.8. The City of Lubbock reserves the right to stop work and require replacement of Contractor personnel assigned to the project at any time at no additional cost to the City of Lubbock. 5. MATERIALS AND EQUIPMENT 5.1. A bucket truck is required with a minimum working height in excess of 13 feet above the ground with operator and trimming tools in basket. 5.2. Proper mulching/chipping equipment will be required to be onsite along with equipment to haul off the debris in the same day. 5.3. Work around electrical lines will be performed safely at all times and is the sole responsibility of the contractor. 5.4. Trucks and equipment furnished shall be in good mechanical condition so that during any week work can be performed in alleyways or City Rights of Way to remove brush, limbs and branches from trees from City Street Right of Way when requested. 6. DAMAGE TO CITY OR PRIVATE PROPERTY 6.1. Offeror shall report to the City, within two (2) hours of occurrence, any damage done by contractor's employees to City or private property. Damage to property or loss of vegetation, shall be repaired or replaced by the offeror at no cost to the City, and within a period of time that is satisfactory to the City. 6.2. Damaged turf areas will be leveled and re -sodded, and all horticultural plantings damaged beyond repair will be replaced. It is understood that all damage caused by workmen engaged in work under this contract will be repaired by the contractor without delay, and at its sole cost and expense. Repair work will be carried out by skilled workmen acceptable to the City or designee, and all repair and replacements must be approved by the City. 7. DEBRIS REMOVAL 7.1. The contractor will properly dispose all debris from City jobs at the landfill. There will be no waiver of City landfill fees for this contract. The contractor will not be allowed to place any debris in City dumpsters meant for the Citizen's use. Any use of City dumpsters will be considered a serious offense and a direct breach of the City's contract and may cause immediate dismissal of the contractor for use on this service contract. All debris from this contract will be required to be picked up and is the sole property and responsibility of the contractor for proper disposal or use. 8. CONTACT REQUIREMENTS 8.1. The contractor must provide a superintendent and a project manager with contacts available by phone even after normal working hours. 8.2. The contractor will be required to make contact with the City of Lubbock Public Works Project Manager 48 hours in advance to beginning any work on any on all jobs regardless of the requesting City department. The project manager will be identified by the City at a pre -construction meeting after the service contract is awarded. 8.3. The contractor will make contact with the Solid Waste Department at 806-775-2495 48 Hours in advance of beginning any work within City streets or alleyways. The purpose is to ensure proper coordination so that work of the contractor doesn't prohibit proper waste collection services. 8.4. All contractor vehicles will be properly marked with contractors name and a contact phone number when working on City job requests. 9. EMERGENCY OPERATIONS CENTER RESPONSE 9.1. The contractor will be made aware of Emergency Operations Center Events as soon as possible. All requests during or after an Emergency Operations Center (EOC) activations will be performed during regular business hours regardless of weather conditions the contractor must respond to requests in the same day. Requests made after EOC activations will mainly be to assist City crews in pickup of debris in Rights of Way or cutting debris into manageable sizes and hauling off and disposing of debris from City streets and sidewalks so as to not impede public travel. The contractor will at no time perform work on private property while working for the City during emergency events. These requests for work must take precedence over any other work currently being performed until such time as all requests have been completed. 9.2. During operations of the Emergency Operations Center City crews will cut up trees that fall in the right of way outside of normal operating hours. Debris left during Emergency Operations will be required to be picked up and removed the following morning after the event. 10. SAFETY 10.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor shall take all necessary precautions for safety and shall provide the necessary protection to prevent damage, injury or loss to all persons and real and personal property which may be affected by the work. 10.2. Contractor shall comply with all applicable Federal, State and local laws and regulations intended to protect the safety of persons or property, including but not limited to all applicable OSHA and ANSI Z133 standards, rules and regulations. Contractor shall erect and maintain all necessary safeguards for such safety and protection. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, contractor's subcontractor, contractor's supplier, or any person or organization directly or indirectly employed by any of them, to perform or furnish any of the work or anyone for whose acts any of them may be liable, shall be remedied by contractor. 10.3. In emergencies affecting the safety or protection of persons or the work at the site or adjacent thereto, contractor, without special instruction or authorization from the City, shall promptly and reasonably act to prevent damage, injury, or loss and to mitigate damage or loss to the work. 10.4. If there is an accident involving injury to any individual on or near the work, contractor shall notify the City immediately by phone of the incident after insuring the safety of the contractor's workers and any other affected parties. Contractor shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of such documentation shall be provided to the City within twenty-four (24) hours of the event. 10.5. If there is an accident that causes damage to City property or any third party property, the City is to be notified immediately by phone of the damage after insuring the safety of the Contractor's workers. This verbal notification will be followed up with written notification and investigation of the incident, including any disciplinary actions, within five working days of the incident. provide the organizational structure of the sub -contractor and resumes of those persons who will be involved in the project. 12.4.8. The Proposer must assure the City that he/she will to the best of his/her knowledge, information and belief, be cognizant of, comply with, and enforce, where applicable and to the extent required, all applicable federal or state statutes and local ordinances. 12.4.9. Describe the Offeror's methodology for handling errors and omissions. 12.4.10. Disclosure of any obligations posing a potential conflict of interest, including service on City boards and/or commissions and any current contracts with the City of Lubbock. This would apply to the Proposer as well as consultants subcontracted by the Proposer. 12.4.11. Any material which the proponent wishes to submit and which is not specifically requested in the above categories. 12.4.12. Offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline how they would address outreach issues in their proposal. City of Lubbock, TX EXHIBIT B RFP 21-15796-CM Removal of Nuisance Branches and Trees Proposal Price Sheet (To be completed and returned with Proposal) Price Sheet Proposer's Name: Asplundh Tree Expert, LLC To include all services in Specifications: $ 69,545.60 per hours provided below by the City of Lubbock ITEM DESCRIPTION QTY (More or Less) U/M UNIT COST* EXTENDED COST Trimming and removal of all limbs, branches and brush from a City Alleyway or Garbage Collection Easement up to 13' ground clearance and at least 2' wide clearance outside of the travel way. This work will require a minimum of a 2 man 1. crew with proper equipment to perform 480 HR $ 88.58 p/h $ 42,518.40 work and an adequate trailer or equipment to haul off debris on site for an entire alleyway from City street to City street. This item covers all mobilization, incidental tools, and equipment needed to perform this work. Complete removal of a tree or bush with the stump from a City alleyway, street, or garbage collection easement including all removal of debris and haul off from the right of way. This work will require a 2 minimum of a 2 man crew with proper 240 HR $ $ equipment to perform the work involved 88 58 /hr p 17,716.00 and an adequate trailer or equipment on site to haul off debris from tree removal. This item covers all mobilization, incidental tools, and equipment needed to perform this work. Activities as specified for Emergency Operations Center Response. This work will require a minimum of a 2 man crew with proper equipment to perform the work 3 involved and an adequate trailer or equipment on site to haul off debris from 80 HR $ 116.39 p/hr $ 9,311.20 the Right of Way. This item covers all mobilization, incidental tools, and equipment needed to perform this work. EXCEPTIONS TO THE SPECIFICATIONS EXCEPTIONS TO THE SPECIFICATIONS OF ANY ITEMS STATED HEREIN SHALL BE FULLY DESCRIBED IN WRITING BY THE OFFEROR IN THE SPACE PROVIDED BELOW: Items 1 & 2 based on a 2 person crew with proper tools to perform work, haul debris for the quantity of hours provided Item 3 based on a 2 person crew with proper tools to perform work, haul debris for the quantity of hours provided OT Stump grinding (if required) will be at rental price plus 10% in addition to above provided pricing Additional labor can be provided if necessary and added to the above 2-person rates for items 1-3 Prepared by: David L. Fulford Title: Sponsor/Vice President Date: 04/05/2021 EXHIBIT C 1. INSURANCE REQUIREMENTS 1.1. 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. 1.2. 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. 1.3. Contractor shall be solely liable for any deductible or self -insured retention under the insurance. 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): TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ® To Include Products of Complete Operation Endorsements COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) PROFESSIONAL LIABILITY AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos Per Occurrence $1,000,000 EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto EJ Each Occurrence Aggregate Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR $500,000 OCCUPATIONAL MEDICAL AND DISABILITY $1,000,000 ® EMPLOYERS' LIABILITY OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases. ® To include products of completed operations endorsement. Waiver of subrogation in favor of the City of Lubbock on all coverages, except IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all required 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 to the extent of the Contractor's obligations. The additional insureds shall fully cooperate with the Contractor, its representatives and insurers on any claim; 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 to the extent of the Contractor's obligations; 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 to the extent of the Contractor's obligations. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1314 Avenue K, Floor 9 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-753581 Asplundh Tree Expert, LLC Willow Grove, PA United States Date Filed: 05/18/2021 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 05/24/2021 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 15796 Removal of nuisance branches and trees 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a