HomeMy WebLinkAboutResolution - 2018-R0078 - West Texas Services - 02/22/2018Resolution No. 2018-R0078
Item No. 6.3
February 22, 2018
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, Professional Services Contract No. 13868 for North Point
PID Maintenance Services and Holiday Light Installation as per RFP 18-13868-KM, by and
between the City of Lubbock and West Texas Services, Inc. dba Tom's Tree Place, 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 February 22, 2018
(n__
DANIEL M. POPE, MAYOR
ATTEST:
eb cca Garza, City Secret y
APPROVED AS TO CONTENT:
D. Blu Kostelich, Chief Fi-n-ifficial Officer
APPROVED AS TO FORM:
vw:ccdocs/RES.PSC- I 3868.North Point PID Maintenance Services and Holiday Light Installation
02.05.2018
Resolution No. 2018-R0078
Contract No. 13868
City of Lubbock, TX
RFP 18-13868-KM
North Point PID Maintenance Services
and Holiday Light Installation
SERVICE AGREEMENT
This Service Agreement (this "Agreement") is entered into as of the 22nd day of February, 2018,
("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 City has issued a Request for Proposals RFP 18-13868-KM, North Point PID Maintenance
Services and Holiday Light Installation.
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 North Point PID
Maintenance Services and Holiday Light Installation upon terms and conditions maintained in this Agreement;
and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits, which are attached
hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or
contradictory provisions:
1. This Agreement
2. Exhibit A — General Provisions and Specifications
3. Exhibit B — Proposal Price Sheet
4. Exhibit C — Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the
applicable requirements set forth in Exhibit B and C attached hereto.
Article 1 Services
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 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.
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.
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 thirty (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 tern 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 thirty (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 document, this provision shall
control.
2.11 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the
Texas Government Code by verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
2.12 SB 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.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUB CK
Daniel M. Pope, Mayor
ATTEST:
IlelL.ca Garza, City Secre
APPROVED AS TO CONTENT:
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Cheryl Brock, Executive Director of Budget
APPROVED A TO FORM:
A -Sims De City A orne
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CON OR _
BY
Authorized Representative �^
Print Name
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Address
City, State, Zip Code
EXHIBIT A
City of Lubbock, TX
RFP 18-13868-KM
North Point PID Maintenance Services and
Holiday Light Installation
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: Notice to bidders; General Provisions; Specifications;
Plans; Addenda; Proposal; Agreement; Insurance; Notice to Proceed; and Change Orders. 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 at all sites in a group.
1.8 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.
1.9 Existing Conditions, Examination of Site — Within fifteen (15) days from the date of Award of Contract, 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.
1.10 Extra Work — Work over and above that called for in the contract.
1.11 Notice to Proceed — Written notice to the Contractor issued and signed by the authorized Agent stating the
date on which the Contractor should proceed with work as stated in the contract.
1.12 Review Committee — A committee chosen by the City of Lubbock, to analyze and recommend to City
Council the best Contractor(s) to perform the tasks governed by the contract.
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 Unit Price — Payment to the Contractor based on a unit or portion of the work performed.
1.16 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 exhibits.
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 "North Point
Map" and "North Pointe Greenbelt" indicate the areas to be maintained (consisting of the Slide Road
median and right-of-way and the walking track). Bidders are to provide unit pricing that will be
applied to those areas.
2.2 Specification Change: During the term of the Contract, the City may change maintenance frequencies,
thereby increasing or decreasing maintenance frequencies. Unit pricing 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 Parks and Recreation 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 determines that the Contractor is entitled to extra compensation by reason of increased expense to
the Contractor and caused by the condition, and finds 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. 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, beginning on page 9, 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
property 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 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 Agent. If the damage is not repaired in the agreed -upon time period, the City may proceed to
repair the damage - after forty-eight (48) hours' notice from the Agent. 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 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 Agent deems the equipment faulty
or if the equipment is damaging the turf or other surfacing materials in anyway, 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.
2.8 Termination of Contract: This contract shall remain in effect until the expiration date for performance of
services ordered. Termination of either party requires a thirty (30) day written notice prior to any
cancellation. Such written notice must state the reason for cancellation. 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 North Point Public Improvement District.
3.0 CONTROL OF WORK
3.1 Authority of the Agent: It is understood by all parties that the work is to be done to the satisfaction of the
Agent(s). The Agent shall interpret all specifications and shall determine the acceptability of all work. The
Agent shall decide the classification, quality, and amount of all work done under the contract.
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.
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 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 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 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
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. Upon completion of the operation, the Contractor shall provide to the
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. 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 tom 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 compliance with this act shall be grounds for termination of the contract.
4.0 PROSECUTION AND PROGRESS OF WORK
4.1 Notice to Proceed: Notice to proceed shall be mailed to the Contractor by certified letter. The Contractor
shall have ten (10) working days from the day he receives the letter to actively proceed with the work.
4.2 Work Time: All work is schedule driven, therefor, 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.
4.3 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 Agent at least seventy-two (72) hours prior to doing so.
4.4 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 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 shall not in any way allow the Contractor to find grounds for
adjustments in contract time or provide for extra compensation.
4.5 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 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.
4.6 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 Agent. 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 on insurance from the
Subcontractor that complies with all Insurance requirements contained in paragraphs, 4.0-4.7, Indemnity
Insurance.
4.7 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 contractor shall submit an invoice to the
City of Lubbock Finance Department. The invoice should designate the work performed during the period, the
unit cost, and the number of units. Any Extra Work shall be shown on a separate 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 1 and approved by the Finance Department.
5.0 EVALUATION CRITERIA
Each proposal will be evaluated for full compliance with the RFP instructions to the offeror and the mandatory
terms and conditions set forth within the RFP document. The objective of the evaluation will be to recommend
the firm who is most responsive to the herein described needs of the City. The proposal will be evaluated on
the following criteria:
1. Key Personnel and Staff. The offeror's ability to provide quality supervisors and crew members with
proven skills commiserate with these specifications. Also the vendor is to ensure that in offering such
services and staffing that it will in no way over -extend the firm, thereby adversely affecting the quality
and timing of services rendered on this project. (25%)
2. Responsiveness: The degree to which the offeror has responded to the purpose, scope and requested
submittals, but not limited to, services to be provided as detailed under scope of work, flexibility of
offeror to meet the City of Lubbock need, and conformance in all aspects of this RFP. (15%) Points
3. Responsibility: The offeror who has the capability, in all respects, to perform fully the contract
requirements and the moral and business integrity and reliability that will assure good faith performance
as required by these specifications. (15%) Points
4. Experience and Qualifications: The offeror's experience in providing best management practices for
landscape maintenance services that are similar in size and scope as this project. (15%)
5. Equipment Status: The offeror's ability to provide quality and efficient equipment that is maintained at a
high level of readiness, and in case of failure, is able to provide an equivalent substitution or replace the
impaired piece(s) in a timely manner. (10%)
6. Originality: Offeror shall not be merely limited to items as shown in scope of work, but rather
encouraged to recommend other services, products, methods, etc. as he/she feels would enhance the
overall quality of the maintenance project both with respect to effectiveness and efficiency. (10%)
7. Cost: Offeror' pricing for each tract of the project as outlined. (10%)
City of Lubbock, TX
RFP 18-13868-KM
North Point PID Maintenance Services
and Holiday Light Installation
II. SPECIFICATIONS
1.0 Turf Maintenance Standards
1.1 General: Successful Contractor shall have ten (10) days from receipt of the Notice to Proceed to commence
contract maintenance activities. The decision to end the maintenance season shall be made by the Agent.
1.1.1 The areas to be serviced for each site include all turf areas in the right-of-way per the attached map.
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 Contractor shall provide a maintenance schedule to the Agent within fifteen (15) days from the date
of award of Contract and will notify the 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). Mowing
frequency shall be determined by turf growth and occur up to once per calendar week, evenly spaced.
Mowing costs are to be estimated at a rate of twenty-nine (29) cycles per calendar year. Any cycles more than
twenty-nine (29) shall be billed as Extra Work. Turf shall be cut at a height of one (1) inch; unless otherwise
directed by the 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 one inch they must first receive approval from the Agent. All equipment must be of
appropriate size for each site and approved by the Agent.
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 vigorous plant
health. At a minimum, the Contractor shall apply fertilizer as follows:
l" Application: June 1 — June 30 Granular Fertilizer 38-0-0 4% Sulphur, 3% iron
2"d Application: July 1— July 31 Granular Fertilizer 38-0-0 4% Sulphur, 3% iron
31 Application: August 1 —August 31 Granular Fertilizer 38-0-0 4% Sulphur, 3% iron
1.6 Herbicide and Pesticide Applications: Contractor shall be responsible for insuring that plant health and
appearance is maintained by applying pre -emergent and post -emergent herbicides once in early Spring and
once in early Fall to control noxious weed growth. Pesticides may be used to control pests, but should not be
applied until approved by the Agent. 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. Maintenance is for approximately 233 trees but may vary.
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 Discard all tree trimmings off -site using a legal method.
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 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 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 Hand water as needed to supplement natural rainfall and maintain plantings in a healthy, stress -free
condition. 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. Hand water as needed
to supplement the permanent system. Failure of the irrigation system to provide full and proper
coverage shall not relieve the landscape maintenance 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 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 landscape maintenance 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 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 not attempt to clean plastic
nozzles by sticking knife blades or wire into the openings. The plastic will be scratched and the
pattern will be ruined. Brass nozzles may be carefully cleaned if needed.
3.3.6 The Contractor shall inspect and test all components and zones in the irrigation system monthly and
shall reset zone times according to seasonal evapotranspiration changes. Minor adjustments and
repairs such as head -emitter cleaning or replacement, filter cleaning, small leaks, and minor timer
adjustments shall be made by the Contractor. During weekly maintenance, the Contractor will note
and report to client any symptoms of inadequate or excessive irrigation, draining problems, etc.
3.3.7 Repairs of irrigation system beyond the above scope will be charged as Extra Work at an hourly rate
per person plus parts. Contractor shall bill the City for parts according to the current Manufacturer's
List Price or a discount thereof. The Contractor will notify the Director of Parks and Recreation or
his Agent of the nature of the problem before repairs are made.
3.4 Water Wells:
3.4.1 Contractor shall maintain water wells to ensure they are in good working order and oversee any
necessary repairs.
4.0 Planting Bed and Walking Trail Maintenance Standards
4.1. Plants and shrubs shall be maintained in a healthy, vigorous growing condition, free from disease and large
concentrations of pests. The approximate square footage of the planting beds is 40 square feet. The
approximate square footage of the walking track is 6,795 square feet.
4.2. Prune plants and shrubs to remove damaged, diseased, or dead stems or foliage and to promote uniform
growth patterns. Unless otherwise specified, they shall not be pruned into ball or box shapes. Plantings should
be pruned as required to keep them within the bed area or to control their vertical ascent.
4.3. Soils in planting bed area should be kept covered with trail mix.
4.4. Contractor shall be responsible for applying sufficient fertilizer to promote vigorous plant health. At a
minimum, the contractor shall apply a 100 percent sulfur coated 16-4-8 w 2% iron granular fertilizer at a rate
of 1 pound of actual N per 1,000 per square feet in May and July. Contractor shall insure that fertilizer residue
is removed from foliage and shall apply sufficient water to incorporate the fertilizer into the soil.
4.5. Contractor shall be responsible for insuring that plant health and appearance is maintained by applying
corrective insecticides, fungicides or other pesticides as required to control pest populations. The pesticide
application standards previously set forth in item 1.6 shall be adhered to.
4.6. Contractor shall insure that all litter is removed from beds and trail weekly.
4.7. Contractor shall be responsible for the disposal of all debris removed from beds and trail and shall not place
the debris in curbside receptacles or dumpsters.
4.8. Contractor shall evenly rake the gravel trail weekly.
5.0 Holiday Lighting
5.1. Contractor shall install, maintain, remove, and store white LED mini lights and extension cords. No bulb
alternates will be accepted.
5.2. The holiday lighting shall be installed the first Monday immediately following Thanksgiving and removed as
requested below.
5.3. The Contractor is responsible for:
5.3.1 Professionally wrapping strands of Christmas lights around 22 tree trunks and canopies (Refer to
Exhibit A). The trees are located in the first two islands in the median starting at Erskine and Slide
Road in the North Pointe development (Refer to Exhibit B). Lights are to be installed, tested, and
active by the Monday following Thanksgiving.
5.3.2 Ensuring no more than 1800 watts of connected load per 20-amp circuit.
5.3.3 Maintaining and repairing the lights as needed after installation — including assessing the lights to
ensure proper design and performance twice weekly during the term of the contract and after inclement
weather or at the discretion of the Agent.
5.3.4 Removing and packing the lights no earlier than January 1 st and no later than January 1 Oth —with lights
operating only until the first Monday in January.
5.3.5 Providing for storage of all lights, extension cords, and timers when not in use.
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AREA B DETAIL
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SCALE 1 ° = 50.0
EXHIBIT B
City of Lubbock, TX
RFP 18-13868-KNI
North Point PID Maintenance Services
and Holiday Light Installation
Price Proposal Sheet
ITEM
QTY
UNIT OF
DESCIPTION
UNIT COST
EXTENDED
MEASURE
COST
1.
29
CYCLES
Turf Maintenance, as specified herein.
Zoo
ANNUALLY
'
2.
3
ANNUALLY
Fertilizer, as specified herein.
l o00
3 . o00
3.
2
ANNUALLY
Pre -Emergent, Post -Emergent, &: Pest Control, as
l goo
3 voo
specified herein.
4.
1
ANNUALLY
Tree Maintenance for 233 Trees Approx., as specified
Z 5 0 D
Z 1,500
herein.
S.
12
MO
Irrigation Maintenance, as specified herein.
6.
12 1
MO I
Planting Bed Maintenance, as specified herein.
500
Holiday Lighting Installation and Removal for 22
c{ Zoo
y,zoo
1
ANNUALLY
Trees
Annual Cost
5-7 , -7 o0
City of Lubbock, TX
RFP 18-13868-KM
North Point PID Maintenance Services
and Holiday Light Installation
Extra Work Pricing Sheet
1. Planting Bed Maintenance Standards as specified herein:
Hourly Labor Cost for Extra Work $ 35
2. Turf Maintenance Standards as specified herein:
Per Cycle Cost for Extra Work $ 35
3. Litter Control and Debris Removal as specified herein:
Hourly Labor Cost for Extra Work $ Z 5
4. Tree Maintenance Standards as specified herein:
Hourly Labor Cost for Extra Work $ 510
5. Irrigation Maintenance Standards as specified herein:
Hourly Labor Cost for Extra Work $ 50
Materials Cost, Percent Discount From Manufacturers List Price
6. Pest & Weed Control Services as specified herein:
Hourly Labor Cost for Extra Work $ 5 0
Pest Control Application, Per Sq. Ft. $ .15
Weed Control Application, Per Sq. Ft. $ , 25
7. Holiday Lighting as specified herein:
Hourly Labor Cost for Extra Work $
Extra Light Strands Price $
Extra Extension Cords Pri ce $
Extra Timers Price $
-7 5
50
t50
50
EXHIBIT C
City of Lubbock, TX
RFP 18-13868-KM
North Point PID Maintenance Services
and Holiday Light Installation
INSURANCE REQUIRED
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
GENERAL LIABILITY
® Commercial General Liability ❑ Other
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment
❑ To Include Products of Complete Operation Endorsements
COMBINED SINGLE LIMIT
General Aggregate $1,000,000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
PROFESSIONAL LIABILITY
❑ General Aggregate $
LIABILITY
®
Any Auto
❑
Scheduled Autos
❑
Non -Owned Autos
EXCESS LIABILITY
❑
Umbrella Form
GARAGE LIABILITY
❑ Any Auto
❑
BUILDER'S RISK
❑
INSTALLATION FLOATER
®
POLLUTION
❑
CARGO
❑ All Owned Autos
❑ Hired Autos
Combined Single Limit
Each Occurrence $1.000.000
Each Occurrence
Aggregate
Auto Only - Each Accident
Each Accident Aggregate
❑ 100%of the Total Contract Price
❑ 100% of the Total Material Costs
$1.000,000
® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILITY $ L000.000
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 of subrogation 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
1625 131 Street, Room 204
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:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-307286
West Texas Services, Inc. DBA Toms Tree Place
Lubbock, TX United States
Date Filed:
01/29/2018
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:
01/30/2018
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.
RFP18-13868-KM
Maintenance and Holiday Light installation
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethlcs.state.tx.us version v1.U.55L:i
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-307286
West Texas Services, Inc. DBA Toms Tree Place
Lubbock, TX United States
Date Filed:
01/29/2018
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.
RFP18-13868-KM
Maintenance and Holiday Light installation
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 { j �LN UC �' �JG ���<��)
and my date of birth is
My address is Z —)Joci M'CSCL1`-
�60CAL
(street)
(city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in 'L�Woodc— County, State of l T� on the 1 day of 20' .
(month) (year)
I-
Signature of authorized agent of contract0ousiness entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523