HomeMy WebLinkAboutResolution - 2024-R0032 - PSA Contract 17764, With West Texas Services, Inc Dba Tom's Tree Place - 01/23/2024Resolution No. 2024-R0032
Item No. 6.8
January 23, 2024
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 fo
and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 17764 fo
services related to the Tax Increment Finance District 9`h and 10`h Street Right-Of-Wa
Improvements, by and between the City of Lubbock and West Texas Services, Inc. dba Tom'
Tree Place, and related documents. Said Contract is attached hereto and incorporated in thi
resolution as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on January 23, 2024
TRAY PAYN� MAYOR
ATTEST:
Co ney Paz, City Secret
APPROVED AS TO CONTENT:
D. Kost ich, Chief Financial Officer
APPROVED AS TO FORM:
+ �
e li Leisure, Senior Assistant City Attorney
ccdocs/RES.PSA-No. 17764 Street Right-Of-Way Improvements
1. I 0.24
Resolution No. 2024-R0032
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement") Contract No.17764 is entered into this 23.rd
day of January , 2024, is by and between the City of Lubbock (the "City"), a Texas home rule
municipal corporation, and West Texas Services, Inc., doing business as Tom's Tree Place (the"
Contractor"), a Texas corporation.
MAI1Y0Dl. IM I
WHEREAS, The City desires to contract with the Contractor to provide professional services for
Tax Increment Finance District 9' and 10" Street Right -Of -Way Improvements (the "Activities"); and
WHEREAS, the Contractor has a professional staff experienced and is qualified to provide
professional services related to Activities, and will provide the services, as defined below, for the price
provided herein, said price stipulated by the City and the Contractor to be a fair and reasonable price; and
WHEREAS, the City desires to contract with the Contractor to provide professional services
related to the Activities, and Contractor desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Agreement, the City and the Contractor hereby agree as follows:
ARTICLE I. TERM
The term of this Agreement commences on the Effective Date and continues without interruption
for a term of twelve (12) months. If the Contractor determines that additional time is required to complete
the Services, the Director of Business Development, may, but is not obligated to, in his or her discretion,
execute an agreement to grant up to an additional six (6) months of time so long as the amount of the
consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of
the consideration must be approved by the City acting through its governing body.
Page 1 of 10
ARTICLE II. SERVICES AND COMPENSATION
A. The Contractor shall receive as consideration to be paid for the performance of the Services, in
an amount not to exceed $192,210.25, as set forth in Exhibit "A".
ARTICLE III. TERMINATION
A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty
(30) days written notice to the Contractor. In the event this Agreement is so terminated, the City shall only
pay the Contractor for services actually performed by the Contractor up to the date the Contractor is deemed
to have received notice of termination, as provided herein.
B. Termination and Remedies. In the event the Contractor breaches any term and/or provision of
this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement,
at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of
an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative.
ARTICLE IV. NON - ARBITRATION
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 Agreement, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. The Contractor is a corporation duly organized, validly existing, and in good standing
under the laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Corporate Power. The Contractor has the corporate power to enter into and perform this
Agreement and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Agreement and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part
of the Contractor. This Agreement constitutes legal, valid, and binding obligations of the Contractor and is
enforceable in accordance with the terms thereof.
Page 2 of 10
D. Contractor. The Contractor maintains a professional staff and employs, as needed, other
qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and
regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities
contemplated hereby.
E. Performance. The Contractor will and shall conduct all activities contemplated by this
Agreement in accordance with the standard of care, skill and diligence normally provided by a professional
person in performance of similar professional services, and comply with all applicable laws, rules, and
regulations, both state and federal, relating to professional services, as contemplated hereby.
F. Use of Copyrighted Material. The Contractor warrants that any materials provided by the
Contractor for use by City pursuant to this Agreement shall not contain any proprietary material owned by
any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation,
ordinance or contractual obligation relating to the use or reproduction of materials. The Contractor shall be
solely responsible for ensuring that any materials provided by the Contractor pursuant to this Agreement
satisfy this requirement and the Contractor agrees to indemnify and hold City harmless from all liability or
loss caused to City or to which City is exposed on account of the Contractor's failure to perform this duty.
ARTICLE VI. SCOPE OF WORK
The Contractor shall accomplish the following: Professional Services related to the Services, as
provided in Exhibit "A", attached hereto and made a part hereof.
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
The Contractor and the City agree that the Contractor shall perform the duties under this Agreement
as an independent contractor and shall be considered as independent contractor under this Agreement and/or
in its activities hereunder for all purposes. The Contractor has the sole discretion to determine the manner
in which the Services are to be performed. During the performance of the Services under this Agreement,
the Contractor and the Contractor's employees and/or sub -consultants, will not be considered, for any
purpose, employees or agents of the City within the meaning or the application of any federal, state or local
law or regulation, including without limitation, laws, rules or regulations regarding or related to
unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any
kind.
Page 3 of 10
ARTICLE VIII. INSURANCE
The Contractor shall procure and carry, at its sole cost and expense through the life of this
Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and
substance satisfactory to the City, carried with an insurance company authorized to transact business in the
state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement,
including without limitation, the indemnity obligations set forth herein. The Contractor shall obtain and
maintain in full force and effect during the term of this Agreement, and shall cause each approved
subcontractor or sub -consultant of the Contractor to obtain and maintain in full force and effect during the
term of this Agreement, commercial general liability, professional liability and automobile liability
coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of
Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional
Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of
liability:
Commercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Combined Single Limit: $2,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
Worker's Compensation
Per Occurrence Single Limit: $500,000
The Contractor shall further cause any approved subcontractor or sub -consultant to procure and
carry, during the term of this Agreement, the insurance coverage required of Contractor herein, including
without limitation, Professional Liability coverage, protecting the City against losses caused by the
professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a
primary and noncontributory additional insured with respect to the Automobile Liability and Commercial
General Liability and shall be granted a waiver of subrogation under those policies. The Contractor shall
provide a Certificate of Insurance to the City as evidence of coverage.
The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The
Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas
Page 4 of 10
Labor Code. Further, the Contractor shall maintain said coverage throughout the term of this Agreement
and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor
maintains said coverage. The Contractor may maintain Occupational Accident and Disability Insurance in
lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of
subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the
Contractor fails to maintain the required insurance in full force and effect, the Contractor shall be in breach
hereof and all work under the Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy shall be
maintained at the Contractor's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this Agreement and the discovery period (possibly through tail
coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement.
The provisions of this Article VIII shall survive the termination or expiration of this Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
The Contractor may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as "Sub -consultant"), to perform certain duties of Contractor, as set forth on Exhibit
$192,210.25 attached hereto, under this Agreement, provided that the City approves the retaining of Sub -
consultants. The Contractor is at all times responsible to the City to perform the Services as provided in this
Agreement and the Contractor is in no event relieved of any obligation under this Agreement upon retainage
of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the
Contractor shall be required by the Contractor to carry, for the protection and benefit of the City and the
Contractor and naming said third parties as additional insureds, insurance as described above required to
be carried by the Contractor in this Agreement.
The Contractor represents that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. 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.
ARTICLE XI. INDEMNITY
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,
Page 5 of 10
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 SUBCONSULTANTS, 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.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from the Contractor to the City or the City to the Contractor is
required or permitted by this Agreement and no other method of notice is provided, such notice shall be
given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall
be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or
(3) by depositing the written notice in the United States mail, properly addressed to the other party at the
address provided in this article, registered or certified mail, return receipt requested, in which case such
notice shall be effective on the third business day after such notice is so deposited.
B. Contractor's Address. The Contractor's address and numbers for the purposes of notice are:
West Texas Services, Inc. dba Tom's Tree Place
Alex Scarbrough
5104 34`h Street
Lubbock, Texas
Telephone: 806-799-3677
Email: alexsO.tomstreenlace.com
C. City's Address. The City's address and numbers for the purposes of notice are:
Brianna Brown, Director of Business Development
City of Lubbock
P.O. Box 2000
1314 Avenue K
Lubbock, Texas 79457
Telephone: 806-775-3082
Email: bbrownamylubbock.us
Page 6 of 10
D. Change of Address. Either party may change its address or numbers for purposes of notice by
giving written notice to the other party as provided herein, referring specifically to this Agreement, and
setting forth such new address or numbers. The address or numbers shall become effective on the 15th day
after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES
Provision of Data. The City shall furnish the Contractor non -confidential studies, reports and other
available data in the possession of the City pertinent to the Contractor's Services, so long as the City is
entitled to rely on such studies, reports and other data for the performance of the Contractor's Services
under this Agreement (the "Provided Data"). The Contractor shall be entitled to use and rely, so long as
such reliance is reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Agreement are inserted in this
Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not
be given any effect in construing this Agreement.
B. Audit. The Contractor shall provide access to its corporate books and records to the City. The
City may audit, at its expense and during normal business hours, the Contractor's books and records with
respect to this Agreement between the Contractor and the City.
C. Records. The Contractor shall maintain records that are necessary to substantiate the services
provided by the Contractor.
D. Assignability. The Contractor may not assign this Agreement without the prior written approval
of the City.
E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the
Contractor, and in the case of the City, its respective successors, legal representatives, and assigns, and in
the case of the Contractor, its permitted successors and assigns.
F. Construction and Venue.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK
COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE
Page 7 of 10
AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT
JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF
ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any
court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement
and the application of such provision to persons and/or circumstances other than those with respect to which
it is held invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be
binding unless such amendment, modification, or alteration is in writing, dated subsequent to this
Agreement, and duly authorized and executed by the Contractor and the City.
I. Entire Agreement. This Agreement, including Exhibits "A" attached hereto, contains the entire
agreement between the City and the Contractor, and there are no other written or oral promises, conditions,
warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal -- agent relationship between the Contractor and the City.
K. Documents Owned by City. Any and all documents, drawings and specifications prepared by
Contractor as part of the Services hereunder, shall become the property of the City when the Contractor has
been compensated as set forth in Article II, above. The Contractor shall make copies of any and all work
products for its files.
L. Notice of Waiver. A waiver by either the City or the Contractor of a breach of this Agreement
must be in writing and duly authorized to be effective. In the event either party shall execute and deliver
such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent
breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than the City and the Contractor.
N. Non -Appropriation. 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 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 services covered by this
Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are
Page 8 of 10
not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Contractor 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 Agreement beyond the Non -Appropriation Date.
O. 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
P. No Boycott of Israel. 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.
Q. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it
does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association or (2) the verification required by
Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company
with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more,
Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and
will not discriminate during the term of the contract against a firearm entity or firearm trade association.
R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas
Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time
employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant
to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott
energy companies during the term of the Agreement. This verification is not required for an agreement
where a governmental entity determines that these requirements are inconsistent with the governmental
entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt
obligations or the deposit, custody, management, borrowing, or investment of funds.
S. 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.
Page 9 of 10
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.
T. Professional Responsibility. All architectural or Engineering services to be performed shall be
done with the professional skill and care ordinarily provided by competent architects or Contractors
practicing under the same or similar circumstances and professional license.
EXECUTED as of the Effective Date hereof.
A EST:
Courtney Paz, City Secre
APPROVED AS TO CONTENT:
11� 6ZQQ
D. Blu Kostelich, Chief Financial Officer
APP
ROVED AS TO FORM: P.
—M MO&
elli Leisure, Senior Assistant City
Attorney
CITY OF LUBBOCK
TRAY PA E, YOR
CONTRACTOR
Authorized Representative
Email: k s E-Mw' C-0 V�&
Page 10 of 10
Exhibit A
tolifs
TREE PLACE
Date
Ordered By:
PO Number
Home Telephone:
Mobile Telephone:
Email:
11/14/2023
City of Lubbock
Glenna Goodacre Blvd
City of Lubbock TTP Salesperson: Toby Rowin, RLA
9th St and 10th St Tom's Tree Place
Lubbock, TX 79401 5104 34th Street Lubbock, Texas 79410
806.799.3677 - Voice 806.799.8743 - Fax
www.tomstreeplace.com
Quantity
Description
Comments
Size
Unit Cost
Line Total
DEMO
24319
Demo of Existing Soil to 4"-Depth
SF
$1.50
$36,478.50
LANDSCAPE
300
Decomposed Granite Mulch (1"-Minus)
CY
$200.00
$60,000.00
IRRIGATION
168
Repair/Replace Existing Irrigation
Per Tree
$50.00
$8,400.00
GENERAL CONDITIONS
30
Barricades, Signage, and Pedestrian and
Vehicular Traffic Control
P&P Bonds
Contingency
Per Day
$125.00
$3,750.00
1
LS
$4,550.00
$4,550.00
1
LS
$25,000.00
$25,000.00
Materials Total
$138,178.50
Installation Total
$54,031.75
Subtotal
$192,210.25
Tax @ 0.00%
$0.00
Final Total
$192,210.25
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loft
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos.1, 2, 3.5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2024-1111888
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
West Texas Services, Inc.
Lubbock, TX United States
Date Filed:
01/15/2024
2 Name of governmenta ent y or state agency that is a party to the contract for which the form Is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
17764
9th and 10th Street ROW Improvements
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
c/
My address is _ G - i f e S C, lam- l�� c � -X� C F C , ] US
(street) (city) (slate) (zip code) (country)
I declare under �penalty of perjury that the foregoing is true and correct. I N
Executed in _-M-t��Ui1 County State of on the f lay of , 20 —
(month) (year)
Signature of authorized agent of contracting busiA entity
(Declarant)
r-unns provtaeu oy texas trnics Commission www.ethics.state.tx.us Version V3.5.1.Obfcfb67
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2024-1111888
West Texas Services, Inc.
Lubbock, TX United States
Date Filed:
01/15/2024
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:
01/16/2024
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.
17764
9th and 10th Street ROW Improvements
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)
corms provided by I exas ttnlcs uommisslon www.ethics.state.tx.us Version V3.5.1.Obfcfb67
Brianna Gerardi
Changed On
Description
12/06/2023
Geo Rules Caller Type
12/06/2023
Completed
12/06/2023
Complete Date
12/06/2023
Item Review Status ID
12/06/2023
Passed
12/06/2023
Submittal Status ID
Cheryl Brock
Changed On Description
11/29/2023
Geo Rules Caller Type
11/29/2023
Completed
11/29/2023
Complete Date
11/29/2023
Item Review Status ID
11/29/2023
Passed
11/29/2023
Submittal Status ID
D. Blu Kostelich
Changed On
Description
11/20/2023
Approved User ID
11/20/2023
Completed
11/20/2023
Complete Date
11/20/2023
Item Review Status ID
11/20/2023
ItemReviewStatusName
11/20/2023 Passed
11/20/2023 StatusChanged Date
Before After
None Submittal —Received
No Yes
[none] 12/6/2023
Under Review Approved
No Yes
Under Review Approved
Before After
None
Submittal —Received
No
Yes
[none]
11/29/2023
Under Review
Approved
No
Yes
Under Review
Approved
Current Balance Cost of Good/Services Additional Info
$750,000.00
Plan (PUR-2024-17764)
$750,000.00
Plan Submittal Item Review (Purchasing
Approval)
$750,000.00
Plan Submittal Item Review (Purchasing
Approval)
$750,000.00
Plan Submittal Item Review (Purchasing
Approval)
$750,000.00
Plan Submittal Item Review (Purchasing
Approval)
$750,000.00
Plan submittal text: (11/20/2023)
Current Balance Cost of Good/Services
$750,000.00
$750,000.00
$750,000.00
$750,000.00
$750,000.00
$750,000.00
Additional Info
Plan (PUR-2024-17764)
Plan Submittal Item Review (Budget Director)
Plan Submittal Item Review (Budget Director)
Plan Submittal Item Review (Budget Director)
Plan Submittal Item Review (Budget Director)
Plan submittal text: (11/20/2023)
Before
After
Current Balance Cost of Good/Services
Additional Info
[none]
Kostelich, D. Blu
$750,000.00
Item Review (Assistant City
Manager/CFOtree)
No
Yes
$750,000.00
Item Review (Assistant City
Manager/CFOtree)
[none]
11/20/2023
$750,000.00
Item Review (Assistant City
Manager/CFOtree)
Under Review
Approved
$750,000.00
Item Review (Assistant City
Manager/CFOtree)
Under Review
Approved
$750,000.00
Item Review (Assistant City
Manager/CFOtree)
No
Yes
$750,000.00
Item Review (Assistant City
Manager/CFOtree)
[none]
11/20/2023
$750,000.00
Item Review (Assistant City
Manager/CFOtree)
January 16, 2024
Page 1 of 4
EnerGov Service
Changed On
Description
Before
After
11/20/2023
Completed
No
Yes
11/20/2023
Complete Date
[none]
11/20/2023
11/20/2023
Completed
No
Yes
11/20/2023
Submittal Status ID
Under Review
Approved
11/20/2023
Workflow Status
Started
Passed
11/21/2023
Completed
No
Yes
11/21/2023
Complete Date
[none]
11/21/2023
11/21/2023
Completed
No
Yes
11/21/2023
Workflow Status
Started
Passed
11/29/2023
Completed
No
Yes
11/29/2023
Complete Date
[none]
11/29/2023
11/29/2023
Completed
No
Yes
11/29/2023
Workflow Status
Started
Passed
12/06/2023
End Date
[none]
12/6/2023
12/06/2023
Workflow Status
Started
Passed
12/06/2023
Completed
No
Yes
12/06/2023
Complete Date
[none]
12/6/2023
12/06/2023
Completed
No
Yes
12/06/2023
Workflow Status
Started
Passed
12/06/2023
Plan workflow status change
Initial Approvals v.1 Approved
01/12/2024
End Date
[none]
1/12/2024
01/12/2024
Workflow Status
Started
Passed
01/12/2024
Completed
No
Yes
01/12/2024
Complete Date
[none]
1/12/2024
01/12/2024
Completed
No
Yes
01/12/2024
Workflow Status
Started
Passed
01/12/2024
Plan workflow status change
Purchasing Approval v.1 Approved
01/16/2024
End Date
[none]
1/16/2024
01/16/2024
Workflow Status
Started
Passed
01/16/2024
Completed
No
Yes
01/16/2024
Complete Date
[none]
1/16/2024
01/16/2024
Completed
No
Yes
01/16/2024
Workflow Status
Started
Passed
01/16/2024 Plan workflow status change. Final Approvals v.1 Approved
January 16, 2024
Current Balance Cost of Good/Services Additional Info
$750,000.00
Plan submittal text: (11/20/2023)
$750,000.00
Plan submittal text: (11/20/2023)
$750,000.00
Plan submittal text: (11/20/2023)
$750,000.00
Plan submittal text: (11/20/2023)
$750,000.00
Plan workflow step action text (Assistant City
Manager/CFO)
$750,000.00
Plan submittal text: (11/20/2023)
$750,000.00
Plan submittal text: (11/20/2023)
$750,000.00
Plan submittal text: (11/20/2023)
$750,000.00
Plan workflow step action text: (Risk
Management Coordinator)
$750,000.00
Plan submittal text: (11/20/2023)
$750,000.00
Plan submittal text: (11/20/2023)
$750,000.00
Plan submittal text: (11/2012023)
$750,000.00
Plan workflow step action text: (Budget
Director)
$750,000.00
Plan workflow step text: (Initial Approvals)
$750,000.00
Plan workflow step text: (Initial Approvals)
$750,000.00
Plan submittal text: (11/20/2023)
$750,000.00
Plan submittal text: (11/2012023)
$750,000.00
Plan submittal text: (11/20/2023)
$750,000.00
Plan workflow step action text: (Department
Head)
$750,000.00
Plan (PUR-2024-17764)
$750,000.00
Plan workflow step text: (Purchasing
Approval)
$750,000.00
Plan workflow step text: (Purchasing
Approval)
$750,000.00
Plan submittal text: (1/12/2024)
$750,000,00
Plan submittal text: (1/12/2024)
$750,000.00
Plan submittal text: (1/12/2024)
$750,000.00
Plan workflow step action text: (Final
Purchasing Approval)
$750,000.00
Plan (PUR-2024-17764)
$750,000.00
Plan workflow step text: (Final Approvals)
$750,000.00
Plan workflow step text: (Final Approvals)
$750,000.00
Plan submittal text: (1/12/2024)
$750,000.00
Plan submittal text: (1/12/2024)
$750,000.00
Plan submittal text: (1/12/2024)
$750,000.00
Plan workflow step action text: (Risk
Management Coordinator)
$750,000.00
Plan (PUR-2024-17764)
Page 2 of 4
Kristine Dills
Changed On
Description
Before
None
No
Under Review
No
Under Review
None
MacDougall, Jill
[none]
Molly Ballesteros
Changed On Description Before
11/20/2023 Plan added
11/20/2023 Plan workflow status change,
11/20/2023 Plan workflow status change
11/20/2023 Geo Rules Caller Type None
11/20/2023 End Date [none]
11/20/2023 Workflow Step General Reas [none]
11/20/2023 Workflow Status Not Started
11/20/2023 Assigned User ID Alvarez, Marta
After
After
Current Balance Cost of Good/Services
Additional Info
Submittal —Received
$750,000.00
Plan (PUR-2024-17764)
$750,000.00
Plan note text: (Attached insurance
requirements approved.)
Dills, Kristine
$750,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Yes
$750,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
11/21/2023
$750,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Approved
$750,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Yes
$750,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Approved
$750,000.00
Plan submittal text: (11/20/2023)
Submittal —Received
$750,000.00
Plan (PUR-2024-17764)
$750,000.00
Plan note text: (Approved.)
Yes
$750,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
1/16/2024
$750,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Approved
$750,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Yes
$750,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
Approved
$750,000.00
Plan submittal text: (1/12/2024)
After
Current Balance Cost of Good/Services
Additional Info
$750,000.00
Plan (PUR-2024-17764)
Department Head v.1 Auto Received :
$750,000.00
Plan (PUR-2024-17764)
Assistant City Manager/CFO v.1 Auto
$750,000.00
Plan (PUR-2024-17764)
Received
Submittal —Received
$750,000.00
Plan (PUR-2024-17764)
11/20/2023
$750,000.00
Plan workflow step action text: (Facility
Management)
NA
$750,000.00
Plan workflow step action text: (Facility
Management)
Skipped
$750,000.00
Plan workflow step action text: (Facility
Management)
Gerardi, Brianna
$750,000.00
Plan Submittal Item Review (Purchasing
Approval)
January 16, 2024
Page 3 of 4
11/20/2023
Assigned User ID
Alvarez, Marta
Kostelich, D. Blu
$750,000.00
11/20/2023
End Date
[none]
11/20/2023
$750,000.00
11/20/2023
Workflow Step General Reas
[none]
NA
$750,000.00
11/20/2023
Workflow Status
Not Started
Skipped
$750,000.00
11/20/2023
End Date
[none]
11/20/2023
$750,000.00
11/20/2023
Workflow Step General Reas
[none]
NA
$750,000.00
11/20/2023
Workflow Status
Not Started
Skipped
$750,000.00
11/20/2023
Plan Submittal added
$750,000.00
11/20/2023
Start Date
[none]
11/20/2023
$750,000.00
11/20/2023
Workflow Status
Not Started
Started
$750,000.00
11/20/2023
Workflow Step General Reas
SKIP: ( By: Molly Ballesteros)
$750,000.00
11/20/2023
Workflow Step General Reas
SKIP: ( By: Molly Ballesteros)
$750,000.00
11/20/2023
Workflow Step General Reas
SKIP: ( By: Molly Ballesteros)
$750,000.00
11/20/2023
Attachment added
$750,000.00
11/20/2023
Geo Rules Caller Type
None
Submittal —Received
$750,000.00
12/07/2023
Attachment added
$750,000.00
Plan Submittal Item Review (Assistant City
Manager/CFOtree)
Plan workflow step action text: (IT director)
Plan workflow step action text: (IT director)
Plan workflow step action text: (IT director)
Plan workflow step action text: (Fleet
Services)
Plan workflow step action text: (Fleet
Services)
Plan workflow step action text: (Fleet
Services)
Plan submittal text: (11/20/2023)
Plan workflow step action text: (Budget
Director)
Plan workflow step action text: (Budget
Director)
NA
NA
NA
Attachment (17764 Insurance
Requirements.pdf)
Plan (PUR-2024-17764)
Attachment (Unexecuted Contract
17764.docx)
January 16, 2024 -- Page 4 of 4