HomeMy WebLinkAboutResolution - 2021-R0120 - Contract 15740 with Tom's Tree Place 4.13.21Resolution No. 2021-RO120
Item No. 7.19
April 13, 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, Service Contract No. 15740 for Bell Farms Public
Improvement District (PID) as per PUR 15740, by and between the City of Lubbock and
West Texas Services, Inc., dba Tom's Tree Place, of Lubbock, Texas, 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 April 13, 2021
DANIEL M. POPE, MAYOR
ATTEST:
01hZA-A, )�j —
Rebe Eafuarza, City Sec etar
APPROVED AS TO CONT
Jesica McEachem, Assistant City Manager
APPROVED AS TO FORM:
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Ke li Leisure, Assistant City Attorney
ccdocs/RES.Contract 15740 —Bell Farms Public Improvement District (PID)
March 26, 2021
Resolution No. 2021-R0120
City of Lubbock, TX
Bell Farms Public Improvement District (PID)
Agreement
Contract 15740
This Service Agreement (this "Agreement") is entered into as of the 13thday of April 2021
("Effective Date") by and between West Texas Services, Inc. dba Tom's Tree Place, (the Contractor), and
the City of Lubbock (the "City").
RECITALS
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 landscaping and
maintenance services, 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 — Specifications
3. Exhibit B — Annual Price Proposal for Park 1
4. Exhibit C — Annual Price Proposal for Park 2
5. Exhibit D — Annual Price Proposal for Park 3
6. Exhibit E — 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 thru Exhibit E 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), which ever 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 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. p
CITY OF L BBOCK CO RAC�It RL�`3�
BY:
Daniel M. Pope,Mayor Author' e R resentativ
ATTEST:
Reb ca Garza, City Sect t
OVED AS TO C ENT:
Brianna Gerardi, Busi ss evelopment
Director
APPROVED AS TO FORM
Ke i Leisure, Assistant City Attorney
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City, State, Zip Code
Exhibit A
CITY OF LUBBOCK
BELL FARMS PUBLIC IMPROVEMENT DISTRICT
SPECIFICATION
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. 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 on the median and once on the
park.
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 — 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.
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 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.
1.14 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.
1.15 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.
1.16 Unit Price — Payment to the Contractor based on a unit or portion of the work performed.
1.17 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. The attached "Bell Farms Map" indicates the completed
landscaped areas.
2.2 Specification Change: During the term of the Contract, the City may change maintenance
frequencies, thereby increasing or decreasing maintenance frequencies. Extra Work 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 his Agent. The
Contractor shall afford the City the opportunity to inspect the same. After inspection by the
City, the Contractor shall 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 Agent and the Director of Business Development 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 Agent and the Director of Business Development e.
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.
2.4 Clean-up: As specified in the Maintenance Standards Specifications, 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 for the Contractor's
payment. If such conditions continue, the contract may be terminated due to breach of
contract.
2.5 Preservation and Restoration of Property: The Contractor is responsible for the
preservation of all City owned and adjacent property owner lands expose 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 his 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 his 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 his 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.
2.6 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 his 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 his 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. Contractor shall not impede other grounds
maintenance operations during the course of those maintenance operations.
2.7 Service Boundaries: The service area may be bounded by hard surfacing materials,
sidewalks, or non -curbed turf areas. The successful bidder shall be responsible for all areas
defined by turf or hard surfacing. However, the successful bidder 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.
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 his
authorized Agent(s). The Director of Business Development or his Agent shall interpret all
specifications and shall determine the acceptability of all work. The Director of Business
Development or his Agent shall decide the classification, quality, and amount of all work
done under the contract. The Director of business Development shall be the sole
administrator of payment(s), 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 shall review any extra work and 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 his 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. If the inspection
reveals any defective work, the Director of Business Development or his Agent may require
the work to be remedied before final acceptance is granted. All said remedies shall be at the
expense of the Contractor.
3.6 Laws and Regulations: The Contractor and any Subcontractor(s) shall at all times comply
with all local, county, state and federal laws. The Contractor and his Subcontractor shall
abide by all Labor Laws observed by the State of Texas. The Contractor shall comply with
all federal, state and local Environmental Protection Laws, and regulations. The Contractor
shall comply with all applicable federal, state and local laws and regulations regarding
pollution of rivers, lakes, streams and other waters. The Contractor shall store, handle, use
and dispose of chemicals, fuels, oils, greases and other materials in a manner that prevents
them from entering surface or ground waters. Upon receipt of notice of noncompliance of
environmental protection provisions, the Contractor shall take immediate corrective action
at the Contractor's expense. If the Contractor fails or refuses to immediately take corrective
action, the City may issue an order stopping all or part of the work until satisfactory corrective
action has been taken.
3.6.1 Prior to any application of chemicals, the Contractor shall request, in writing,
approval from the Director of Business Development or his Agent. The request shall
include the target pest and the type of chemical(s) to be used. If permission is granted,
all applications shall be performed through a Licensed Applicator, licensed by the
Texas Structural Pest Control Board and/or the Texas Department of Agriculture.
Upon completion of the operation, the Contractor shall provide to the Director of
Business Development or his Agent, a copy of the Pesticide Application
Documentation that the Contractor records pursuant to the requirements of the
Structural Pest Control Board.
3.7 Advertising: Contractor shall not advertise or publish, without City's prior consent, the fact
that the City has entered into this contract, except to the extent necessary to comply with
proper request for information from an authorized representative or the federal, state or local
government.
3.8 Citizen Contact: The Contractor is granted the privilege of doing work on City owned
property, but does not have exclusive use of the property and must respect the activities of
patrons while doing work on City owned property. The Contractor shall take all precautions
necessary to insure that adjacent property owners are not disturbed.
3.9 Identification and Character: Contractor's vehicles shall be marked with the Contractor's
company name, on both sides and in lettering that is a minimum of two inches tall and of an
easily read typeface. In lieu of lettering, Contractors may submit easily recognizable
Company Logos for approval by the Director of Business Development. All employees of
the Contractor shall have a name badge for identification, either clip on or incorporated with
a uniform. This identification shall be worn at all times that the employee is at the job site.
The Contractor shall provide uniforms of a different color than City employee uniforms.
Uniforms may not be torn or ragged and shall present a professional appearance.
Additionally, the Contractor will at all times require employees to remain fully dressed and
will not allow employees to wear unbuttoned clothing while on City property.
3.9.1 The Contractor shall prohibit the use of intoxicating substances by its drivers and
crewmembers while on duty or in the course of performing their duties under this
Contract.
3.9.2 Employees driving the Contractor's vehicles shall at all times possess and carry a
valid State of Texas Drivers License appropriate for the weight and type of vehicle
being driven. Contractors are specifically required to ensure that a Texas Commercial
Drivers License is obtained where applicable for the type(s) of vehicles in use.
3.9.3 The Contractor's employees, officers, Agents and Subcontractors shall, at no time, be
allowed to identify themselves or in any way represent themselves as being
employees of the City of Lubbock.
3.10 Safety: The Contractor is responsible for maintaining a safety program that insures
compliance with all current requirements of the Federal Occupational Safety and Health Act
of 1970. The Contractor is responsible for safety on the project site and the City shall take
no action to interfere with the Contractor's safety program. Failure to maintain compliant
with this act shall be grounds for termination of the contract.
4.0 INDEMNITY INSURANCE
4.1 Contractor shall indemnify, hold harmless, and defend the City of Lubbock, its officers and
employees from and against any and all liability or alleged liability without fault and liability
by virtue of the obligations that the City of Lubbock assumes toward its indemnity(s) insofar
as applicable to this Contract or the work to be performed hereunder and including cost of
suit, attorneys' fees, and all other related costs and expenses of whatever kind or character
arising directly or indirectly from any cause whatsoever in connection with or incidental to
this Contract or the work to be performed hereunder, including such injury or harm as may
be caused in part by any neglect, act, or omission of the City, its officers and employees,
excepting only such injury or harm as may be caused solely by an act or omission of the City,
its officers and employees. Notwithstanding the foregoing, the Contractor specifically agrees
to so indemnify, hold harmless, and defend the City from and against any and all such
liability, suits, action, legal proceedings, claims, or demands that may be made or pursued by
an employee of Contractor, or of any Subcontractor, or materials man, or anyone acting on
behalf of Contractor in connection with or incidental to this Contract which are alleged to be
attributable to any condition of or upon the City's property facilities, materials, or equipment,
including where such condition and resulting injury or harm is caused in part by any negligent
act or omission of City, its officers and employee, but excepting only such injury or harm as
may caused solely by an act or omission of City, its officers and employees. Contractor
agrees to waive any and all claims and suits covered by this indemnity agreement and agrees
that any insurance carrier involved shall not be entitled to subrogation under any
circumstance against City, its officers and employees.
4.2 The Contractor shall secure and maintain insurance for the duration of the contract. Proof of
the Contractor's liability insurance shall be provided prior to receipt of a signed contract.
The following insurance is required:
4.2.1 Workman's Compensation Insurance covering all employees whether employed by
the Contractor or any Subcontractor on the job including Employers Liability of at
least $1,000,000 aggregate.
Commercial General Liability Insurance at minimum combined single limits of
$1,000,000 per occurrence and $1,000,000 general aggregate for Bodily Injury and
Property Damage, which coverage shall include Products/Completed Operations, and
XCU Hazards Coverage for Products/Completed Operations must be maintained for
at least five (5) years after the work is completed. Coverage must be written on an
Occurrence Form. Contractual Liability must be obligations contained in the contract.
Commercial Automobile Liability Insurance at minimum combined single limits of
$1,0000,000 per occurrence for owned, non -owned, and hired coverage.
Pollution Liability Insurance at general aggregate of $1,000,000.
4.3 All policies or certificates shall also contain the following endorsements:
4.3.1 Additional named insured wording which includes the Contractor, Subcontractors,
and the City of Lubbock with respect to general liability and automobile liability.
4.3.2 All liability policies shall contain cross liability and severability of interest clauses.
4.3.3 A waiver of subrogation in favor of the City of Lubbock for all types of insurance
coverages.
4.3.4 The policy shall be endorsed to require the insured to immediately notify the City of
Lubbock of any changes in the insurance coverage.
4.4 All insurance shall be purchased from an insurance company that meets the following
requirements.
4.4.1 A Best financial grading of A: VII or better
4.4.2 Licensed and admitted to do business in the State of Texas and is a subscriber to the
Texas Guaranty Fund.
4.5 All insurance must be written on forms filed with and approved by the Texas State Board of
Insurance. Certificates of insurance shall be prepared and executed by the insurance company
or it's authorized Agent and shall contain provisions representing and warranting the
following:
4.5.1 The company is licensed and admitted to do business in the State of Texas.
4.5.2 The company's forms have been approved by the Texas State Board of Insurance.
4.5.3 Sets forth all endorsements as required above.
4.6 The City of Lubbock shall receive at least sixty (30) calendar days notice prior to cancellation
or termination of insurance.
4.7 The Contractor shall understand and agree that they are an independent Contractor and that
they are not an employee of the City, and that the City will not provide Worker's
Compensation, health or accident insurance, general liability insurance, or any other form of
insurance coverage of any kind which would cover the Contractor or their employees, if any,
in and under the terms of the Bid.
5.0 CONTRACT TERM
5.1 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.
6.0 PROSECUTION AND PROGRESS OF WORK
6.1 Work Time: All work is schedule driven, therefore, the Contractor's work force and
equipment needs shall vary throughout the contract's time period. The normal work schedule
shall fall within the time frame of Monday through Friday 6:00 a.m. to 6:00 p.m.
6.2 Weekends, Holidays and Nights: Work on weekends, holidays, and nights shall be at the
discretion of the Contractor. Should the Contractor find it necessary to work during this time,
notice of his intention to do so shall be given to the Director of Business Development or his
Agent at least seventy-two (72) hours prior to doing so.
6.3 Weather: Weather will affect the progress of grounds maintenance at times and Contractor
shall recognize this and have a plan of action and/or resources available to proceed in an
expedient manner. Should weather conditions alter schedules, the Contractor shall notify the
Agent at the beginning of the next workday. It is the Contractor's responsibility to provide
quality workmanship. If weather conditions prevent such quality, the Contractor shall
suspend work and resume work as soon as weather allows. If the Agent or Director of
Business Development finds that weather conditions are inappropriate for maintaining high
quality work, they may notify the Contractor and suspend work. The suspension of work by
the Agent or Director of Business Development shall not in any way allow the Contractor to
find grounds for adjustments in contract time or provide for extra compensation.
6.4 Character of Work: All workers, supervisors, managers, and Subcontractor(s) employed
by the Contractor shall be competent and careful workers skilled in their respective trades.
The Director of Business Development or his Agent may remove from the work site any
person employed by the Contractor who does not represent the City in a professional manner
or does not follow the instructions given to him. If any person misconducts theirself, is
incompetent, or negligent in the performance of their duties, they may be removed from the
work site and shall not return until the Contractor receives written consent from the City's
Representative. Should the Contractor continue to employ such individual to continue work
under this contract, the City reserves the right to withhold payment and/or nullify the
contract.
6.5 Assigning or Subletting the Contract: 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. The City's permission to sublet any contract shall not
be construed as making the City a party of such subcontract. No Subcontractor shall release
the Contractor of its surety or its liability and obligation to fulfill all transactions made under
the contract. Should consent be given, the Contractor shall insure the Subcontractor or shall
provide proof of insurance from the Subcontractor that complies with all Insurance
requirements contained in paragraphs, 4.0-4.7, Indemnity Insurance.
6.6 Payment: The Contractor shall receive compensation for services provided for in the
contract on a monthly basis. Upon the end of each month, during the contract period, the
contract shall submit an invoice to the Director of Business Development for 1/12`" of the
Annual Maintenance Cost. Any Extra Work shall be shown on the same monthly invoice and
identified as "Extra Work." Extra Work billing should designate hourly labor cost,
parts/materials costs and a description of the work performed. Payment shall be determined
by the form included in this package as Exhibit B and approved by the Director of Business
Development.
II SPECIFICATIONS
1.0 Turf Maintenance Standards
1.1 General: Successful Contractor shall have ten (10) days from the date of Award to
commence contract maintenance activities. The decision to end the maintenance season shall
be made by the Director of Business Development or his Agent. The Contractor shall be
notified of the City's decision by letter.
1.1.1 The areas to be serviced for each site include all turf areas in the right-of-way per the
attached map. The Contractor is responsible for safe and careful operation of mowing
equipment around plant material and structures to prevent damage and to prevent
clippings from contaminating shrub or color bed.
1.1.2 The Contractor shall provide a maintenance schedule to the Director of Business
Development or his Agent within fifteen (15) days from the date of Award of Contract
and will notify the Director of Business Development or his Agent of any changes in
the schedule prior to the schedule change.
1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Agent(s) or
Director of Business Development. Mowing frequency shall be determined by turf growth
and occur up to once per calendar week, evenly spaced. Mowing costs are to be determined
at a rate of twenty-nine (29) cycles per calendar year. Any cycles more than twenty-nine
(29) shall be billed as Extra Work. Litter shall be picked up before any mowing occurs. Turf
shall be cut at a height of two (2) inches; unless otherwise directed by the Director of Business
Development or his Agent, clippings shall be bagged or recycled and all hardscapes shall be
cleaned after each service. Mowing equipment shall be a reel mower or rotary/recycler. If
and when the Contractor wants to raise the height above two inches they must first receive
written approval from the Director of Business Development or his Agent. All equipment
must be of appropriate size for each site and approved by the Director of Business
Development or his Agent. Grass clippings cannot be blown into City Streets.
1.3 Edging: All sidewalks and curbs shall be edged to a depth of one inch and shall be performed
concurrently with mowing operations. String trimmers or curb dressers may not be used for
edging. Chemical edging is not permitted.
1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing
height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and
any other plants or structures. All hard surfaces, sidewalks, streets, parking areas and street
medians must be kept free of grass, weeds and debris. This task must be completed the same
day the mowing is performed. The Contractor is responsible for protecting all trees and
shrubs from string trimmer damage.
1.5 Fertilization: Contractor shall be responsible for applying sufficient fertilizer to promote a
green, healthy turf. At a minimum, the Contractor shall apply fertilizer as follows (maximum
five pounds per acre per application):
lst Application (Pre -emergence):
March 1 — March 31
2nd Application (Fertilizer):
April 1 —April 30
3rd Application (Fertilizer):
May 1 — May 31
4th Application (Pre -emergence):
August 1 — August 31
50' Application (Fertilizer): September 1 — 30
1.6 Pesticide Application: Contractor shall be responsible for insuring that plant health and
appearance is maintained by applying pre- emergent and post -emergent herbicides three
times per year:
1st Application: January (Round -up — 64 oz/acre, Prodiamine 65 WDG — 21 oz/acre, LV-6 -
32 oz/acre)
2nd Application: May (Triplet — 48 oz/acre, MSM Turf — 2 oz/acre)
3rd Application: September (Prodiamine 65 WDG — 21 oz/acre, Triplet — 48 oz/acre)
If needed, the pesticide to be used shall be discussed with the Director of Business
Development or his Agent and not applied until receipt of written approval. Without
exception, the individual applying the pesticide shall be licensed by the Structural Pest
Control Board, or any other applicable agency, for the specific category involved. The
applicator shall also be required to follow manufacturer's recommendations for product
usage and all applicable state and federal laws concerning pesticide applications, rinsate
disposal, and container disposal.
2.0 Tree Maintenance Standards
2.1 Trees shall be maintained in a healthy, vigorous growing condition, free from disease and
large concentrations of pests.
2.2 Prune trees only to remove dead, diseased, broken, dangerous, or crossing branches, and as
required below. Pruning of this type is a minor, non -reimbursable cost to be included as part
of the regular maintenance. Prune in accordance with generally accepted standards for proper
pruning.
2.3 The Contractor shall discard all tree trimmings off -site using a legal method, and shall not
place the debris in curbside receptacles or residential dumpsters.
2.4 Any tree found to be dead or missing shall be replaced with plant material of identical species
at the Contractor's expense, unless the loss was due to excluded damage. If the loss resulted
from excluded damage, replacement will be paid for as extra work. Submit a quote for
replacement within two weeks of the loss. Unless otherwise instructed by the Director of
Business Development or his Agent, replacement trees shall equal the value of the tree size
that died based upon the total caliper inch of that tree. (No more than $110 per caliper inch.)
2.5 Replacement trees shall be approved for size and appearance by the Director Business
Development or his Agent prior to planting.
2.6 The cutting blades on pruning shears, clippers, blades, saws, etc. shall be sterilized after
pruning each tree to minimize the possibility of spreading disease. When pruning trees known
or suspected to be diseased, cutting blades shall be sterilized after each cut. Sterilize blades
by dipping them in a solution of 1 part bleach and 9 parts water or heavily spray them with a
disinfectant spray, such as Lysol. After dipping or spraying, wait 20 seconds before using
again.
3.0 Irrigation Standards
3.1 Water Application & Scheduling:
3.1.1 It is the Contractor's responsibility to make sure that plants receive adequate water
regardless of weather conditions.
3.1.1.1. It is the responsibility of the Contractor to conserve water and assure that all
watering rules and regulations are followed. Any penalties, fines, or citations
for watering ordinance violations shall be paid by the Contractor.
3.1.1.2. Irrigation shall be made by the use of the permanent irrigation systems. Failure
of the irrigation system to provide full and proper coverage shall not relieve
the Contractor of the responsibility to provide adequate irrigation. It is the
Contractor's responsibility to make sure that the irrigation system is
maintained and operates properly.
3.1.2 The Contractor is responsible for the complete operation and maintenance of the
irrigation systems, except as noted below. The Contractor shall examine the irrigation
system for damage or malfunction weekly and shall report damage or malfunction to
the Director of Business Development or his Agent in writing. If the Contractor fails to
report the broken or malfunctioning irrigation system components within two weeks of
the breakage or malfunction, the Contractor shall be responsible for all damages
resulting from the broken irrigation system component.
3.1.3 Adjust watering times each week. Do not overwater plantings. Use multiple -start times
and short run times to prevent run-off. Drip systems should be left on for sufficient time
to allow for saturation of the root zone. Shorter runs with drip irrigation do not provide
sufficient water penetration for healthy root development. Avoid multiple -start times
with drip systems if possible. Do not allow run-off from any irrigation.
3.1.4 When breakdowns or malfunctions exist, the Contractor shall hand water, if necessary,
to maintain all plant material in a healthy condition. If the irrigation repairs are major
and will be billed as additional work (see items that qualify for extra work as outlined
below), the labor costs for hand watering may also be submitted for payment as noted
in the General Requirements section of these specifications. Do not wait for approval
to begin hand watering if it is required to save the plantings.
3.2 Irrigation System Scheduled Maintenance:
3.2.1 Each valve zone shall be observed for signs of damage on a weekly basis during the
irrigation season.
3.2.2 The Contractor shall maintain the irrigation system, including cleaning of filter
screens and flushing pipes as needed, as part of this contract.
3.2.3 Drip irrigation systems need periodic flushing to remove sediment. When flushing is
necessary, it shall be performed as part of this contract. Drip systems shall be flushed
at least once a year. Open ends of drip lines and run for at least 15 minutes at full
flow to flush. It may be necessary to install flush outlets in order to flush the drip
system.
3.2.4 Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or
gutters is not permitted. The Contractor shall immediately shut down the irrigation
system and make adjustments, repairs, or replacements as soon as possible to correct
the source of the run-off.
3.3 Irrigation System Repair:
3.3.1 The Contractor shall replace or repair, at the Contractor's expense, any irrigation
components damaged, unless due to excluded damage. Repair shall be made within
two weeks of the day the damage occurred. If the damage was due to excluded
damage, the irrigation repairs will be paid for as extra work. The Contractor shall
make notification of needed repairs within two weeks of the day the damage occurred.
Regardless of the cause of damage, the Contractor shall take immediate action to
prevent further damage by shutting off the damaged part of the irrigation system and
commencing with hand watering as needed. As soon as possible after receiving
written authorization to proceed, the Contractor shall make repairs. The following
items are considered to be minor repairs: damaged or clogged sprinkler nozzles,
adjustment of sprinkler patterns or arcs, adjustment of sprinkler position (ie; raise,
lower, or straighten sprinkler head), replacement of clogged, broken, or missing
barbed -style drip emitters, replacement or repositioning of drip distribution tubing
smaller than 1/2 inch or 15 mm diameter. These minor repair items shall be corrected
by the Contractor at Contractor's expense.
3.3.2 Any replacement of irrigation system components shall be made with materials of the
same manufacturer and model as the original equipment. Substitutions of materials
other than original equipment will be approved only when the original equipment has
been discontinued and is no longer available for purchase at any location. The
substituted equipment must be completely compatible with the original and must be
approved in advance by the owner's authorized representative.
3.3.3 All repairs to the system shall be identical to the original installation, unless approved
otherwise in advance by the owner's authorized representative. If a change to the
installation will result in lower future maintenance costs, less frequent breakage, or
an increase in public safety, request authorization to make the change from the
owner's authorized representative.
3.3.4 The Contractor shall check the entire irrigation system weekly for items such as dry
spots and missing or malfunctioning irrigation components. Check for leaking valves,
water running across sidewalks, water standing in puddles, or any other condition
which hampers the correct operation of the system or the public safety. The
Contractor shall carefully observe plant materials for signs of wilting, indicating a
lack of water. Plants which die due to irrigation failure will be considered to have
died due to the Contractor's negligence and shall be replaced at the Contractor's
expense.
3.3.5 Plastic sprinkler nozzles with bad patterns shall be replaced with new nozzles of the
same gallonage and arc as part of the regular maintenance of the sprinkler system. Do
belonging to the Contractor. No litter or debris shall be disposed of in residential dumpsters,
curbside trash receptacles or those belonging to Commercial Businesses.
6.2. The Contractor will be responsible for replacing the bags in the pet waste stations as needed
to ensure each station holds the maximum amount of bags each Friday and Monday.
6.3. All receptacles shall be emptied on Mondays and Fridays of each week. Director of Business
Development could request additional frequencies for receptacle maintenance. Additional
maintenance beyond the Monday/Friday schedule shall be deemed as Extra Work.
7.0 Benches, Hardscape, and Concrete Maintenance
7.1. The Contractor will be responsible for removing any litter or debris from around or inside
the hard surface areas and hard surfaces shall be swept on Mondays and Fridays of each
week. Additional maintenance beyond the Monday/Friday schedule shall be deemed as Extra
Work.
7.2. Any litter or debris shall also be removed from the park benches each Friday and Monday.
7.3. Any damage or disrepair to the benches, landscape, or concrete should be reported to the
Director of Business Development as soon as possible by the Contractor.
8.0 Playground and Playground Equipment Maintenance
8.1. The Contractor will be responsible for removing any litter or debris from around or inside
the playground areas and pick up any playground surface material outside of the defined
areas and return to playground.
8.2. The Contractor shall inspect the playground equipment for damages each week and notify
the Director of Business Development as soon as possible. If equipment damage poses a
safety risk, necessary precautions must be taken immediately to prevent children from
playing on the equipment until repairs are made.
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Exhibit B
City of Lubbock
Bell Farms Public Improvement District (PID)
Landscape Maintenance Agreement
Annual Price Proposal — Park 1
I. Turf Maintenance as per Section 1.0 (based upon 29 cycles per year):
Mowing
Cost Per Thousand Square Feet Per Month: $18.87
Annual Cost: $12,000.00
Per Cycle Cost for Extra Work: $250
Fertilizer/Pre-Emergent
Cost Per Thousand Square Feet Per Application: $37.47
Annual Cost: $2,000.00
Per Application Cost for Extra Work: $1,000.00
II. Tree Maintenance as per Section 2.0:
Cost Per Tree Per Month: $15.00
Annual Cost: $1,000.00
Hourly Labor Cost for Extra Work $
III. Irrigation Maintenance as per Section 3.0:
Cost Per Hundred Square Feet Per Month: $1.89
Annual Cost: $1,000.00
Hourly Labor Cost for Extra Work: $75.00
Materials Cost, Percent Discount From Manufacturer's List Price: $0.00
IV. Planting Bed Maintenance as per Section 4.0:
Cost per Square Feet Per Month: $0.02
Annual Cost: $1,000.00
Hourly Labor Cost for Extra Work: $50.00
V. Water Wells and Pump House Maintenance as per Section 5.0:
Hourly Labor Cost for Extra Work: $175.00
VI. Trash Receptacles and Pet Waste Stations Maintenance as per Section 6.0:
Cost per receptacle/station for extra work: $25.00
VII. Benches, Hardscape, and Concrete Maintenance as per Section 7.0:
Hourly Labor Cost for Extra Work: $50.00
VIII. Playground and Playground Equipment Maintenance as per Section 8.0:
Hourly Labor Cost for Extra Work: $50.00
Exhibit C
City of Lubbock
Bell Farms Public Improvement District (PID)
Landscape Maintenance Agreement
Annual Price Proposal — Park 2
I. Turf Maintenance as per Section 1.0 (based upon 29 cycles per year):
Mowing
Cost Per Thousand Square Feet Per Month: $8,700.00
Annual Cost: $7,200.00
Per Cycle Cost for Extra Work: $150.00
Fertilizer/Pre-Emergent
Cost Per Thousand Square Feet Per Application: $57.97
Annual Cost: $400.00
Per Application Cost for Extra Work: $200.00
II. Tree Maintenance as per Section 2.0:
Cost Per Tree Per Month: $15.00
Annual Cost: $250.00
Hourly Labor Cost for Extra Work: $50.00
III. Irrigation Maintenance as per Section 3.0:
Cost Per Hundred Square Feet Per Month: $2.89
Annual Cost: $200.00
Hourly Labor Cost for Extra Work: $75.00
Materials Cost, Percent Discount From Manufacturer's List Price: $0.00
IV. Water Wells and Pump House Maintenance as per Section 5.0:
Hourly Labor Cost for Extra Work: $175.00
V. Trash Receptacles and Pet Waste Stations Maintenance as per Section 6.0:
Cost per receptacle/station for extra work: $25.00
VI. Benches, Hardscape, and Concrete Maintenance as per Section 7.0:
Hourly Labor Cost for Extra Work: $50.00
VII. Playground and Playground Equipment Maintenance as per Section 8.0:
Hourly Labor Cost for Extra Work: $50.00
Exhibit D
City of Lubbock
Bell Farms Public Improvement District (PID)
Landscape Maintenance Agreement
Annual Price Proposal — Park 3
I. Turf Maintenance as per Section 1.0 (based upon 29 cycles per year):
Mowing
Cost Per Thousand Square Feet Per Month: $73.17
Annual Cost: $7,200.00
Per Cycle Cost for Extra Work: $150.00
Fertilizer/Pre-Emergent
Cost Per Thousand Square Feet Per Application: $48.78
Annual Cost: $400.00
Per Application Cost for Extra Work: $200.00
II. Tree Maintenance as per Section 2.0:
Cost Per Tree Per Month: $15.00
Annual Cost: $250.00
Hourly Labor Cost for Extra Work: $50.00
III. Irrigation Maintenance as per Section 3.0:
Cost Per Hundred Square Feet Per Month $2.44
Annual Cost $200.00
Hourly Labor Cost for Extra Work: $75.00
Materials Cost, Percent Discount From Manufacturer's List Price: $0.00
IV. Water Wells and Pump House Maintenance as per Section 5.0:
Hourly Labor Cost for Extra Work: $175.00
V. Trash Receptacles and Pet Waste Stations Maintenance as per Section 6.0:
Cost per receptacle/station for extra work: $25.00
VI. Benches, Hardscape, and Concrete Maintenance as per Section 7.0:
Hourly Labor Cost for Extra Work: $50.00
VII. Playground and Playground Equipment Maintenance as per Section 8.0:
Hourly Labor Cost for Extra Work: $50.00
Exhibit E
City of Lubbock
Bell Farms Public Improvement District (PID)
Landscape Maintenance Agreement
INSURANCE
SECTION A. 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.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the
contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based
upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor.
SECTION C. 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
COMBINED SINGLE LIMIT
GENERAL LIABILITY
® Commercial General Liability ❑ Other
General Aggregate
$1,000,000
❑ Claims Made ® Occurrence
Products-Comp/Op AGG
X
❑ W/Heavy Equipment
Personal & Adv. Injury
X
❑ To Include Products of Complete Operation Endorsements
Contractual Liability
X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
PROFESSIONAL LIABILITY
❑
General Aggregate
$
AUTOMOTIVE LIABILITY
® Any Auto ❑ All Owned Autos
Combined Single Limit
❑ Scheduled Autos ❑ Hired Autos
Each Occurrence
$1,000,000
❑ Non -Owned Autos
EXCESS LIABILITY
❑ Umbrella Form
Each Occurrence
_
Aggregate
GARAGE LIABILITY
❑ Any Auto
Auto Only - Each Accident
❑
Each Accident Aggregate
❑ BUILDER'S RISK
❑ 100%of the Total Contract
Price
❑ INSTALLATION FLOATER
❑ I00%of the Total Material
Costs
® POLLUTION
$1,000,000
❑ CARGO
® WORKERS COMPENSATION —STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILITY $1,000,000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis
® To include products of completed operations endorsement.
® Waiver ofsubrogation in favor of the City of Lubbock on all coverages, except
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers
of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are
required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and
may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the
underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish
such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will
contain and state, in writing, on the certificate or its attachment, the following required provisions:
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 thirty (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 and Contract Management
City of Lubbock
1314 Ave. K, Floor 9
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not
relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither
shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability.
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:
2021-731828
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. DBA Toms Tree Place
Lubbock, TX United States
Date Filed:
03/29/2021
2
Name of governmental entity or state agency that is a party to the contract for which the form103/30/2021
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.
15740
Bell Farms PID landscape maintenance
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
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)
I-orms proviaea ny I exas ttnics commission www.etnics.state.tx.us Version V1.1.ceffd98a
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
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:
2021-731828
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. DBA Toms Tree Place
Lubbock, TX United States
Date Filed:
03/29/2021
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:
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.
15740
Bell Farms PID landscape maintenance
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 c (
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My address is ��U)q l t 1 eS� ZQ Ll-c.�(, L odc
(street) (city) (state) (zip code) (country)
I declare under penalty of/perjury thattheforegoing is true and correct. TTII ��j�'(` M,, �,,n�
Executed in �1,—(C ��1.�` County, State of 1 , on the day of I ' IW l.t"\, 20
1 • ^'//'//� ` S �' n ' ((I/month (year)
Signature of authorized agent of contracting busine ntity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.l.ceffd98a
Brianna Gerardi
Changed On Description Before After
01/12/2021 Plan added
Cheryl Brock
Changed On Description Before After
03/17/2021
Project Number
[none]
167.8302.09844
03/17/2021
Phase @ Row 1
[none]
09844
03117/2021
Approved User ID
[none]
Brock, Cheryl
03/1712021
Completed
No
Yes
03117/2021
Complete Date
[none]
3/17/2021
03117/2021
Item Review Status ID
Under Review
Approved
03/17/2021
Passed
No
Yes
03117/2021
StatusChangedDate
[none]
3/17/2021
03/30/2021
Approved User ID
[none]
Brock, Cheryl
03/30/2021
Completed
No
Yes
03130/2021
Complete Date
[none]
3/3012021
03/30/2021
Item Review Status ID
Under Review
Approved
03/30/2021
Passed
No
Yes
03/30/2021
StatusChangedDate
[none]
3/30/2021
Jesica McEachern
Changed On Description Before After
03117/2021 Plan Note added
Current Balance Cost of Good/Services Additional Info
$40,000.00 $40,000.00 Plan(PUR-2021-15740)
Current Balance
Cost of Good/Services
Additional Info
$40,000.00
$40,000.00
Plan(PUR-2021-15740)
$40,000.00
$40.000.00
Plan(PUR-2021-15740)
$40,000.00
$40,000.00
Item
Review (Budget Director)
$40,000.00
$40,000.00
Item
Review (Budget Director)
$40,000.00
$40,000.00
Item
Review (Budget Director)
$40,000.00
$40,000.00
Item
Review (Budget Director)
$40,000.00
$40,000.00
Item
Review (Budget Director)
$40,000.00
$40,000.00
Item
Review (Budget Director)
$40,000.00
$40,000.00
Item
Review (Budget Director)
$40,000.00
$40,000.00
Item
Review (Budget Director)
$40,000.00
$40,000.00
Item
Review (Budget Director)
$40,000.00
$40,000.00
Item
Review (Budget Director)
$40,000.00
$40,000.00
Item
Review (Budget Director)
$40,000.00
$40,000.00
Item
Review (Budget Director)
Current Balance Cost of Good/Services Additional Info
$40,000.00 $40,000.00 Plan note text: (No documents uploaded for
03/29/2021
Attachment added
$40,000.00
$40,000.00
03/29/2021
Plan Note added
$40,000.00
$40,000.00
03/2912021
Approved User ID
[none]
McEachern, Jesica
$40,000.00
$40,000.00
03/29/2021
Completed
No
Yes
$40,000.00
$40,000.00
03/2912021
Complete Date
[none]
3/29/2021
$40,000.00
$40,000.00
03/29/2021
Item Review Status ID
Under Review
Approved
$40,000.00
$40,000.00
0312912021
Passed
No
Yes
$40,000.00
$40,000.00
03/29/2021
StatusChangedDate
[none]
3/29/2021
$40,000.00
$40,000.00
Lainey Morrison
Changed On Description
Before After
review yet.)
Attachment (2021.03.29 - Bell Farms Contract
15740- Map Correction Request.docx)
Plan note text: (Please update aerial image on
page 21 of contract (see attached notes page
for information.) Thank you.)
Item Review (Assistant City Manager/CFO)
Item Review (Assistant City Manager/CFO)
Item Review (Assistant City Manager/CFO)
Item Review (Assistant City Manager/CFO)
Item Review (Assistant City Manager/CFO)
Item Review (Assistant City Manager/CFO)
Current Balance Cost of Good/Services Additional Info
March 31, 2021
Page 1 of 2
03/08/2021
Attachment added
$40,000.00
$40,000.00
Attachment (15740 ins req pol.pdf)
03/08/2021
Approved User ID
[none]
Morrison, Lainey
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
03/08/2021
Completed
No
Yes
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
03/08/2021
Complete Dale
[none]
3/8/2021
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
03/08/2021
Item Review Status ID
Under Review
Approved
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
03/08/2021
Passed
No
Yes
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
03/08/2021
StatusChangedDate
[none]
3/8/2021
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
03/30/2021
Approved User ID
[none]
Morrison, Lainey
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
03/30/2021
Completed
No
Yes
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
03/30/2021
Complete Date
[none]
3/30/2021
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
03/30/2021
Item Review Status ID
Under Review
Approved
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
03/30/2021
Passed
No
Yes
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
03/3012021
StatusChangedDate
[none]
3/30/2021
$40,000.00
$40,000.00
Item
Review (Risk
Management Coordinator)
March 31, 2021
Page 2 of 2