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HomeMy WebLinkAboutResolution - 2022-R0172 - Contract 16509 with Tom's Tree Place for North Point PID 4.12.22Resolution No. 2022-RO172 Item No. 7.23 April 12, 2022 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. 16509 for electrical installation services in the North Point Public Improvement District, 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 12, 2022 "I DANIEL M. POPE, MAYOR ATTEST: V, a&, " IK' . Rebe ca Garza, City Se ret APPROVED AS TO CONTENT: Blu Kost ich, Chief Financial Officer APPROVED AS TO FORM: MIA Kelli Leisure, Assistant City Attorney ccdocs/RES.ServiceContract 16509 NP PID Electrical 4.4.22 Resolution No. 2022-RO172 NORTH POINT PUBLIC IMPROVEMENT DISTRICT ELECTRICAL INSTALLATION SERVICES AGREEMENT This North Point Public Improvement District (PID) Electrical Installation Services Agreement (the "Agreement"), is by and between the City of Lubbock, Texas, a State of Texas Home Rule Municipal Corporation (the "City"), and West Texas Services, Inc., dba Tom's Tree Place, a State of Texas corporation, (the "Contractor"), with the City and the Contractor (each a "Party," and collectively, the "Parties") acting by and through the Parties' duly authorized officers and officials, and with his Agreement becoming effective on the date of its execution by the Parties 1 Z day of r , 2022 (the "Effective Date"). RECITALS WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for the creation of public improvement districts; and WHEREAS, on October 24, 2004 the City of Lubbock passed Resolution 2004-R0543, which authorized and created the North Point Public Improvement District (the "District"), and designated the City as the entity responsible for the management of and provision of services and improvements to the District; and WHEREAS, certain public improvements within the District are in need of maintenance, construction, or repair in order to promote the purposes of the District and to protect the health and welfare of the residents within the District; and WHEREAS, the Contractor has performed similar work within the District under previous contracts with the City; and NOW, THEREFORE, based on the previous work of the Contractor within the District, the City wishes to enter into this Agreement with the Contractor for the Contractor's performance of electrical installation services in the North Slide Medians within the District according to the following terms: AGREEMENT Article 1. Term & Termination A. Beginning on the Effective Date, the electrical installation services contemplated under this Agreement shall be provided by the Contractor to the City within the District for a term of one hundred eighty (180) days (the "Term"). At the end of the Term, this Agreement will automatically terminate. The Term may be extended upon the written amendment to this Agreement signed by both Parties. B. Either Party may terminate this Agreement for convenience upon sixty (60) days' written notice delivered to the other Party by registered mail. C. In the event that any of the provisions of this Agreement are violated by either Party, the violating Party will be deemed in default of this Agreement. The non -defaulting Party may serve upon the defaulting Party a written notice specifying such default. If, within ten (10) business days after receipt of the written notice of default, the defaulting Party takes no steps to begin to correct such default, then the non -defaulting Party may terminate or suspend this Agreement for cause. If either Party suspends this Agreement for cause, such suspension is limited to a total of ten (10) cumulative days. All work performed under this Agreement prior to the effective date of such termination or suspension shall be paid according to the terms of this Agreement. Article 2. Scope of Services & Fees A. The Parties hereby agree that "Exhibit A" to this Agreement contains the complete scope of services related to the electrical installation services contemplated under this Agreement (the "Scope of Services"). B. The Parties hereby agree that the Contractor will charge the City no more than the amount listed in the attached "Exhibit A" for the Contractor's performance of the Scope of Services. C. The Scope of Services shall be performed by the Contractor solely within the area depicted in "Exhibit B" attached to this Agreement. Article 3. Independent Contractor Relationship In its performance under this Agreement, the Contractor shall act solely in the capacity of and as an independent contractor, and not as an agent or employee of the City. The City shall have no control over the Contractor's operations in connection with the Contractor's performance of the Scope of Services except as may otherwise be provided in this Agreement. In no way shall any of the Contractor's employees or agents be considered agents or employees of the City. Article 4. Insurance and Risk A. Throughout the duration of the Term, the Contractor shall carry at least the minimum amount of insurance required by the City for the Contractor's performance of the Scope of Services. If the Contractor ever fails to prove that it has such required insurance coverage, the Contractor will be considered to be in breach of this Agreement, and the City may initiate the termination of this Agreement. Specifically, the Contractor shall: Obtain and maintain commercial general liability coverage with insurance carriers admitted to do business in the State of Texas, with such coverage having a Best's Rating of ANH or better, and with such coverage being written on an occurrence basis, subject to the following minimum limits of liability: a. General Liability $1,000,000 & $2,000,000 A-wrezate Includes: Commercial General Liability; Occurrence; General Aggregate; Products- Comp'Op AGG Personal & Adv. Injury; Contractual Liability b. Automotive Liability $1,000,000 Includes: Combined Single Limit; Any Auto c. Workers Comp. Statutory Amounts 2. Ensure that the City be named as additional insured on a primary and non-contributory basis on automobile and general liability coverage, with a waiver of subrogation in favor of the City on all coverages. 3. Ensure that all copies of any certificates of insurance shall reference the project name or bid number for which the insurance is being supplied. 4. Provide copies of all endorsements with the additional insured endorsement attached to the policy. 5. Provide a certificate of insurance to the City as evidence of the coverage required under this Agreement, with such certificate providing thirty (30) days' notice of cancellation and showing the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" being crossed out. 6. Maintain workers compensation insurance in the statutory amount. B. INSURANCE INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS THE CITY AND THE CITY'S OFFICERS, ELECTED OFFICIALS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DAMAGE, OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO THE CONTRACTOR'S FAILURE TO FURNISH AND MAINTAIN THE INSURANCE COVERAGE REQUIRED BY THIS AGREEMENT. IN THE EVENT OF ANY SUCH FAILURE, THE CITY MAY, IN ITS SOLE DISCRETION, FURNISH SUCH POLICY WITHOUT PREJUDICE TO ANY OTHER REMEDY THE CITY MAY HAVE. THE COST AND EXPENSE OF FURNISHING AND MAINTAINING SUCH POLICY SHALL BE DEEMED AN OPERATING EXPENSE OF THE CONTRACTOR PAYABLE AT THE CITY'S SOLE DISCRETION. THE FOREGOING SHALL NOT, HOWEVER, APPLY TO CRIMINAL PENALTIES OR FRAUD COMMITTED BY THE CITY OR THE CITY'S OFFICERS, DIRECTORS, OR EMPLOYEES. THIS PROVISION SHALL SURVIVE THE TERMINATION OFTHIS AGREEMENT. C. GENERAL INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS THE CITY AND THE CITY'S OFFICERS, ELECTED OFFICIALS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DAMAGE, OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO THE CONTRACTOR'S PERFORMANCE OF THE SERVICES CONTEMPLATED UNDER THIS AGREEMENT, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE CONTRACTOR. THE FOREGOING SHALL NOT, HOWEVER, APPLY TO CRIMINAL PENALTIES OR FRAUD COMMITTED BY THE CITY OR THE CITY'S OFFICERS, DIRECTORS, OR EMPLOYEES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Article 5. Miscellaneous A. This Agreement is made solely for the benefit of the Parties, and no action or defense may be founded upon this Agreement except by the Parties. B. In no event shall either Party be deemed to be in default of any provision of this Agreement for failure to perform where such failure is due solely to strikes, walkouts, civil insurrections or disorders, acts of God, or for any other cause or causes wholly beyond the control of the non- performing Party (a "Force Majeure"). In such eventuality, the non -performing Party may, upon twelve (12) hours' notice to the other Party, request the temporary suspension of the Scope of Services until the cessation of such Force Majeure. C. The Parties understand and acknowledge that the funding of this Agreement is contained in each Party's annual budget and is subject to the approval of each Party in each fiscal year. The Parties further agree that should the governing body of any of the Parties fail to approve a budget which includes sufficient funds for the continuance of this Agreement, or should the governing body of any of the Parties fail to certify funds for any reason, then and upon the occurrence of such event, this Agreement shall terminate as to that Party and that Party shall then have no further obligation to the other Party. When the funds budgeted or certified during any fiscal year by a Party to discharge its obligations under this Agreement are expended, this Agreement may be terminated. D. This Agreement is subject to all present and future valid laws, orders, rules, ordinances, and regulations of the United States of America, the State of Texas, the Parties, and any other regulatory body having jurisdiction over this Agreement. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute, or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. E. Each Party 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. The City shall 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, the former shall control. F. This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq., as amended, the same shall be of no force and effect. G. This Agreement is entered solely by and between, and may be enforced only by and among the Parties. Except as set forth above, this Agreement shall not be deemed to create any rights in or obligations to any third parties. H. Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer, or agent of any public body that may be a party to this Agreement. I. This Agreement is not intended to, and shall not be construed to create, any joint enterprise between or among the Parties. J. The Parties expressly acknowledge that the Parties' authority to indemnify and hold harmless any third party is governed by the Texas Constitution and any provision which purports to require indemnification by either Party is invalid. K. The Contractor warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel during the term of this Agreement. Additionally, the Contractor acknowledges that Texas Senate Bill 252 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. L. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANYWAY INTENDED TO CONSTITUTE A WAIVER BY EITHER PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY TO THIS AGREEMENT MAY HAVE BY OPERATION OF LAW. THE CITY RETAINS ALL OF ITS GOVERNMENTAL IMMUNITIES. SIGNATURES FOR THE CITY: DANIEL M. POPE, MAYOR ATTEST: - pd'46� A—) Rebe Garza, City Sec tary APPROVED AS TO CONTENT: Brianna Gerardi, BusinekDevejbpment Director APPROVED AS TO FORM: 1AApe04- Kelli Leisure, City Attorney FOR THE CONTRACTOR: Alex Scarborough (Printed) FOR THE CONTRACTOR: ��� tonfs TREE PLACE City Of Lubbock P.O. Box 2000 Lubbock, TX. 79401 Date Ordered By: 3/22/2022 Brianna Gerardi PO Number: NorthPointe PID - Power To Medians Home Telephone: (806) 775-3082 Mobile Telephone: (806) 775-3082 Email: bgerardi@mylubbock.us INVOICE TTP Salesperson: Cole Jones Tom's Tree Place 5204 34th Street Lubbock, Texas 79410 806.799.3677 - Voice 806.799.8743 - Fax www.tomstreeplace.com Quantity Description Comments Size Unit Cost Line Total 1500 Linear Feet Bore To Each Median Ln. Ft. $19.00 $28,500.00 8 Electrial Pedastoles Mat. $465.00 $3,720.00 1 Electrical Plug Mat. $165.00 $165.00 1500 1,500 ft of 2 - #8 wire for power Mat. $13.50 $20,250.00 Materials Total $52,635.00 Installation Total $12,067.50 Subtotal $64,702.50 Tax @ 0.00% $0.00 Final Total $64,702.50 No Text