HomeMy WebLinkAboutResolution - 2022-R0349 - Contract 16460 with Provine Helicopter Service - Lake Alan HenryResolution No. 2022-RO349
Item No. 6.9
August 23, 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. 16460 for brush control
management, per RFP 22-16460-SB, by and between the City of Lubbock and Provine
Helicopter Service, Inc. of Greenwood, MS, and related documents. Said Agreement 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
August 23, 2022
TRAY PA E AYOR
ATTEST:
C'Iw" "�c -
Rebecc Garza, City Secre
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
S' , Deputy Ci orney
ccdocs/RES.Service Contract-Provine Helicopter 16460
8.03.2022
Resolution No. 2022-RO349
City of Lubbock
Brush Control Management
Agreement
Contract 16460
This Service Agreement (this "Agreement") is entered into as of the 23rd day of
August , 2022 ("Effective Date") by and between Provine Helicoptor Service, Inc.
(the Contractor), and the City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 22-16460-SB Brush Control Management
and
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 Brush Control
Management, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — General Requirements and Specifications
3. Exhibit B — Proposal Pricing 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 Exhibit C attached hereto.
Article 1
1.1 The contract shall be for a term of five (5) years, said date of term beginning upon formal
approval. All stated annual quantities are approximations of usage during the time period to
be covered by pricing established by this bid. Actual usage may be more or less. Order
quantities will be determined by actual need. The City of Lubbock does not guarantee any
specific amount of compensation, volume, minimum, or maximum amount of services under
this bid and resulting contract. The Contractor must maintain the insurance coverage
required during the term of this contract including any extensions. It is the responsibility of
the Contractor to ensure that valid insurance is on file with the Purchasing and Contract
Management Department as required by contract or contract may be terminated for non-
compliance.
1.2 Prices quoted shall be set for a period for one (1) year, said date of term beginning upon
City Council date of formal approval. The rate may be adjusted upward or downward at this
time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or
Product Price Index (PPI), whichever is most appropriate for the specific contract for the
previous 12-months at the City's discretion, the effective change rate shall be based on either
the local Price Index (PPI), whichever is most appropriate for the specific contract for the
previous 12-months at the City's discretion, the effective change rate shall be based on either
the local or national index average rage for all items. If agreement cannot be reached, the
contract is terminated at the end of the current contract period.
1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.4 All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non -appropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the
Agreement, the City will terminate the Agreement, without termination charge or other
liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this Agreement is spent, whichever
event occurs first. If at any time funds are not appropriated for the continuance of this
Agreement, cancellation shall be accepted by the contractor on 30 days prior written notice,
but failure to give such notice shall be of no effect and the City shall not be obligated under
this Agreement beyond the date of termination.
1.5 This contract shall remain in effect until the first of the following occurs: (1) the expiration
date, (2) performance of services ordered, or (3) termination of by either party with a 30 day
written notice. The City of Lubbock reserves the right to award the canceled contract to the
next lowest and best bidder as it deems to be in the best interest of the city.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Parry to the other Parry, 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 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
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 contract as provided by the records retention requirements applicable to the
governmental body for the duration of the contract; (2) promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession
of the entity on request of the governmental body; and (3) on completion of the contract,
either: (A) provide at no cost to the governmental body all contracting information related to
the contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the contract as provided by the records retention requirements
applicable to the governmental body.
2.16 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This
section applies only to a contract that: (1) is between a governmental entity and a company
with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be
paid wholly or partly from public funds of the governmental entity. (b) A governmental entity
may not enter into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
2.17 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1)
it does not, and will not for the duration of the contract, have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association or (2)
the verification required by Section 2274.002 of the Texas Government Code does not apply
to the contract. If Contractor is a company with 10 or more full-time employees and if this
Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to
Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
2.18 Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of
the Texas Government Code does not apply to the contract. If Contractor is a company with
10 or more full-time employees and if this Agreement has a value of at least $100,000 or
more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does
not boycott energy companies; and will not boycott energy companies during the term of the
Agreement. This verification is not required for an agreement where a governmental entity
determines that these requirements are inconsistent with the governmental entity's
constitutional or statutory duties related to the issuance, incurrence, or management of debt
obligations or the deposit, custody, management, borrowing, or investment of funds.
2.19 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.
2.20 Indemnify. 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.
CITY OF LUB
Tray Payne, Mayor
ATTEST:
Rebecc Garza, City Secretahyj
A ROVED AS O CONTENT:
h�
Aubrey Sp t
Director of Water Utilities
APPROVED AS TO FORM
AmT7ims, puty City �y
CONTRACTOR
BY:��
Authorized Representative
Kr C_ kOL9l me Goo(
Print Name
-SDS 4 r nDc-F �C7G�cQ
Address
G[&M'Aj 6k mct3a
City, State, Zip Code
City of Lubbock, TX
Purchasing and Contract Management
Vendor Acknowledgement Form
The City of Lubbock reserves the right to accept or reject any and all proposals in whole or in part and
waive any informality in the competitive proposal process. Further, the city reserves the right to enter
into any contract deemed to be in the best interest of the city.
It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It is
the offeror's responsibility to advise the City of Lubbock Director of Purchasing and Contract
Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or
limits the requirements stated in this RFP to a single source. Such notification must be submitted in
writing and must be received by the director of purchasing and contract management no later than five (5)
business days prior to the above submittal deadline.
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract,
job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment,
material or articles purchased. Will any officer or employee of the City, or member of their immediate
family, benefit from the award of this proposal to the above firm?
YES X NO
THE OFFEROR HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS PROPOSAL
IS BASED ON ANY ADDENDA POSTED.
INSURANCE REQUIREMENTS
I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been
reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I
will be able to, within ten (10) business days after being notified of such award by the City of Lubbock,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid.
If the time requirement specified above is not met, the City has the right to reject this proposal and award
the contract to another contractor. If you have any questions concerning these requirements, please contact
the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572.
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from
contracting with or making sub -awards under covered transactions to parties that are suspended or
debarred or whose principals are suspended or debarred. Covered transactions include procurement
contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g.,
sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization
and its principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
Vendor Acknowledgement
In compliance with this solicitation, the undersigned offeror having examined the request for
proposal, instructions to offerors, documents associated with the request for proposals, and being
familiar with the conditions to be met, has reviewed the information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
• Federal and State Regulations
• Master Agreement
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in proposal rejection.
411- et_�
Authorized Signature
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Print/Type Name
Provi-ic, qe l;?oQ4rs
Company Name
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Title
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Date
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Address
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City, State Zip Code
Contact for questions, clarifications, etc.
Name and Title:
Add 'Tq 44A o f ke4/� AA A i15 e-o'
Mailing Address:
30 8- Rol.
City, State, Zip:
Gre e n wo v 11A S 3'& q 3 0
Telephone No:
6 6 Z - 752. - 9I81
Fax No:
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E-Mail:
Ci lia An W 4-ti �- u-NM Q Y4 h 0 O, c oM
City of Lubbock, TX
RFP 22-16460-SB
Brush Control Management in the Lake Alan Henry Watershed
II. GENERAL REQUIREMENTS
1 INTENT
Exhibit A
1.1 The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and
individuals to provide application of herbicide to manage brush (including saltcedar (Tamarix
ramosissima), and mesquite (Prosopis glandulosa), in the Lake Alan Henry Watershed.
1.2 Vendors are invited to submit demonstrated competence and qualifications of their firm for
providing these services.
1.3 The information contained in this document is intended to provide interested firms with the
requirements and criteria that will be used to make the selection.
2 PROJECT DESCRIPTION
The City owns and operates Lake Alan Henry, which provides the City with approximately 20% of
its annual water supply. Lake Alan Henry is on the South Fork of the Double Mountain Fork of the
Brazos River located 15 miles southeast of Post, Texas. The City in partnership with the U.S.
Geological Survey (USGS) has evaluated the effects of water supply enhancement from the
management of invasive brush species in this watershed. Saltcedar, mesquite, juniper, and other
phreatophytes consume water to a degree that is detrimental to water conservation. The selective
control, removal, or reduction of these species should increase water yields to Lake Alan Henry.
The City initiated a saltcedar control program that began in 2013, and is expanding the scope of work
to include other invasive species.
3 SCOPE OF WORK
3.1 Target Area
The scope of work includes herbicidal treatment of approximately 400 acres of saltcedar and/or
mesquite per year, located on the watershed of the South Fork of the Double Mountain Fork of
the Brazos River 15 miles southeast of Post, Texas. The applicator will treat species only in the
designated areas with landowner and City approval. The City will provide more detailed
information, regarding the area to be treated, to the successful Vendor.
3.2 Landowner Consent Agreements
The City will obtain easements or consents from the landowners for entry to the property, and
for application of the herbicide. The application shall be accomplished by spraying, using a
helicopter, fixed -wing aircraft, or ground vehicle application where appropriate. The Vendor's
personnel shall exercise due precautions in operations on private property, and shall close all
gates and repair any fences damaged due to the spraying operations.
3.3 Preliminary Flight
The Vendor shall conduct a preliminary survey allowing one or two city personnel an opportunity
to observe the watershed to document the effectiveness of the herbicide from the previous year(s)
and to show the operator the location(s) to be sprayed.
3.4 Treatment Schedule
The optimum time to spray saltcedar is soon after the flowering stage, which normally occurs
during August to early September in this area. The Vendor shall verbally respond to service
requests within 2 days to schedule the service with the City.
The optimum time to spray mesquite is late spring after the foliage has turned to a dark green or
after the beans have elongated fully in late August into September. Generally, the peak spraying
should be done 42 to 63 days after bud break, or 72 to 90 days after bud break.
3.5 Type of Herbicide Usage
For saltcedar, the Vendor must apply the herbicide (Arsenal) with a surfactant labeled for aquatic
application at rates specified by the label to control saltcedar, by helicopter. The total mixture
rate must be at least 15 gallons per acre. Any spray adjuvant added to the chemical must be
mixed according to chemical label for optimum herbicide performance.
For mesquite, the Vendor must apply the herbicide mixture of (Sendero plus Remedy Ultra) with
a surfactant or adjuvant at the rates prescribed by the label. The total tank mixture rate must be
at least 5 gallons per acre. The application can be by a fixed -wing aircraft, or helicopter.
3.6 Herbicide Application
a. The targeted plants may be in clusters/patches in the watershed, and not covering the entire
targeted area to be treated. The chemical application will be charged on a per acre application
of the chemical to the target species.
b. Special consideration for the volume of spray, spray height and spray drift minimization
should be followed as specified by chemical label. All application shall be in strict accord
with USDA label requirements and State of Texas rules and regulations. The Vendor must
follow all federal, state, local laws and regulations, while performing the above -mentioned
operations, including FAA, DOT, and Department of Agriculture.
c. The Vendor shall be responsible for observing all limitations on spraying based on wind
speed, humidity, temperature, inversions, and other conditions affecting the application of
herbicide, so that the herbicide can be applied safely, efficiently, and with a minimum of
waste, and drift. The Vendor is solely responsible for the safe application of the herbicide.
d. The Vendor shall be responsible for cleanup of any spills and/or damages resulting from the
above -mentioned operations.
4 QUALIFICATIONS / SPECIFICATIONS
4.1 Type of Aircraft
For the spraying of saltcedar, the only type of aircraft that the Vendor is allowed to use for
herbicide application of arsenal is a helicopter. The helicopter must be equipped with precision
boom and nozzles divided into two or three individually controlled sections for variable swath
width with 1,000-micron droplet nozzles.
For the spraying of mesquite, the Vendor is allowed to use a fixed wing aircraft or helicopter to
apply Sendero plus Remedy Ultra. The boom must not exceed 75% of wingspan or 85% of
rotor diameter. The nozzles should be pointed backward parallel with the air stream and not
pointed downwards more than 45 degrees.
4.2 Licenses and Permits
The Vendor must possess the following licenses and permits (Please provide copies):
a. FAA Part 137 Operating Certificate
b. Department of Agriculture Licenses
4.3 Guidance System
The Vendor must own/possess a Guidance System such as a GPS capable of providing maps and
.Shp files, with variable rate flow control linked to GPS. The Vendor's operators must be capable
of avoiding individual non -target plants such as cottonwood, willow, plum thickets, and
hackberry trees among others.
4.4 Trucks and Equipment
The Vendor must own/possess trucks that are equipped to haul and pre -batch chemicals, water,
and surfactant and be able to triple rinse on site. All tanks shall be DOT -approved meeting 406
specifications or newer.
5 COST PROPOSAL
5.1 The unit and total prices included in Exhibit B shall include all Vendor's costs including travel
required to and from the respective site and all other associated direct and indirect overhead costs.
5.2 The contract shall be a term of five years, said date of term beginning upon formal approval.
This contract shall remain in effect until the expiration date, performance of services ordered, or
termination by either party with a thirty (30) date written notice. Such written notice must state
the reason for cancellation. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this proposal 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.
6 REPORTING REQUIREMENTS
The Vendor shall provide documentation of the flight operations and herbicide coverage. The
documentation shall include:
a) An area map of application
b) Total acres applied
c) Chemical(s) used
d) Rate of application and percent of formulation (active ingredient)
e) Environmental factors during application (wind speed/direction, temperature, etc.)
f) Name of applicator
g) Date and time of application
h) Spray Reports that meet Department of Agriculture requirements
i) GPS-generated Spray Maps
Exhibit B
City of Lubbock, TX
RFP 22-16460-SB
Brush Control Management in the Lake Alan Henry Watershed
(To be completed and returned with Proposal)
Proposal Pricing Sheet for Saltceder
ITEM
DESCRIPTION
RATE/PRICE
La
Price for aerial application of the herbicide (Arsenal 32
$ 1 ZQ- b°
oz/acre with a surfactant labeled for use in water at a rate
per Acre
of 15 allons per acre on 101 to 200 acres of saltcedar
Alternate
Price for aerial application of the herbicide (Arsenal 32
$ Zd o' o
Lb
oz/acre with a surfactant labeled for use in water at a rate
per Acre
of 15 gallons per acre) on 201 to 500 acres of saltcedar
Alternate
Price for aerial application of the herbicide (Arsenal 32
$ 1101dh
Lc
oz/acre with a surfactant labeled for use in water at a rate
per Acre
of 15 gallons per acre) for greater than 500 acres of
saltcedar
2
Preliminary flight over the watershed to allow city staff to
$
document the saltcedar kill rates from previous year and
per Hour
to direct the pilot to the current area to apply herbicide
Time required for performance of work = 1— 5 Days wea er permittin
Vendor shall mobilize and begin treatment within a 14 day notification
Vendor shall guarantee that their herbicide application will provide control of the treated areas
measured by the lack of regrowth for at least three (3) years after the treatment on at least 85% of
the treated area. For purposes of this guarantee, each contiguous area shall be considered
individually, and the guarantee shall be considered met if 85% of that contiguous area is controlled.
For areas not meeting this requirement, the Vendor agrees to provide re -treatment at no cost to the
City. Vendor accepts this stipulation Yes X No
Prepared by: Adam tv• 14o
Title: a r ke -/ n ei /A G i14 j f r'
Date: sl / 6
W� lActude- �tot,t� 4jr-fir-eeIt
S II Pe, hour- a fie, A4�
City of Lubbock, TX
RFP 22-16460-SB
Brush Control Management in the Lake Alan Henry Watershed
(To be completed and returned with Proposal)
Proposal Pricing Sheet
ITEM
DESCRIPTION
PRICE
La
Price for aerial application of the herbicide (Sendero 28
$ -7 3 0,,
oz/acre + Remedy Ultra 8 oz/acre at a minimum of 5
Per Acre
gallons per acre total spray volume with a surfactant
specified by the labeled for use on mesquite) for 101 to
200 acres
Alternate
Price for aerial application of the herbicide (Sendero 28
$ '7 3 60
Lb
oz/acre + Remedy Ultra 8 oz/acre at a minimum of 5
Per Acre
gallons per acre total spray volume with a surfactant
specified by the labeled for use on mesquite) for 201 to 500
acres
Alternate
Price for aerial application of the herbicide (Sendero 28
$ 7 3 , °O
Lc
oz/acre + Remedy Ultra 8 oz/acre at a minimum of 5
Per Acre
gallons per acre total spray volume with a surfactant
specified by the labeled for use on mesquite) for over 500
acres
2
Preliminary flight over the watershed to allow city staff to
document the noxious kill rates for following to
$
years and
Per Hour
direct the pilot to the area to apply herbicide
Time required for performance of work = l — Days weather penmittin
Vendor shall mobilize and begin treatment within a 1 day notification
Vendor shall guarantee that their herbicide application will provide control of the treated areas measured
by the lack of regrowth for at least three (3) years after the treatment on at least 85% of the treated area.
For purposes of this guarantee, each contiguous area shall be considered individually, and the guarantee
shall be considered met if 85% of that contiguous area is controlled. For areas not meeting this
requirement, the Vendor agrees to provide re -treatment at no cost to the City.
Vendor accepts this stipulation Yes X No
Prepared by: &In- W _ -T-C'T(AA/\
Title: M G r ke l-iA h M o i h j C r—
Date: S/ O�ZZ
11 a (9 -e - Aour- 6 4er- ' i14 j-
Exhibit C
Insurance Requirements
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.
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. Subject to the Contractor's right to maintain reasonable deductibles in such amounts
as are approved by the City, 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):
Commercial General Liability Requirements: $ 1 M occurrence / $2M aggregate
(can be combined with an Excess Liability to meet requirement). CGL is required in ALL
contracts. It is perhaps the most important of all insurance policies in a contractual
relationship. It insures the Contractor has broad liability coverage for contractual activities
and for completed operations.
Workers Compensation and Employer Liability Requirements: Statutory. If the vendor
is an independent contractor with no employees and are exempt from providing Workers'
Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and
include a copy of their driver's license.
Pollution Liability Requirements: $500K occurrence 1$1 M aggregate
Aircraft Aerial Application Liability Requirements: Aircraft Aerial Application Liability
AND $1 M pollution protection are REQUIRED. Here are suggested coverages in order of
preference: $500K CSL, $300K CSL, and no less than: $100K/person and
$300K/occurrence for BI + $1 OOK for PD.
* The City of Lubbock (including its officials, employees and volunteers) shall be afforded
additional insured status on a primary and non-contributory basis on all liability policies
except professional liabilities and workers' comp.
* Waivers of Subrogation are required for CGL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-
payment.
* Carriers must meet an A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above.
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City 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. Any costs will be paid
by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as
additional insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers,
employees, and elected representatives for injuries, including death, property damage, or any
other loss to the extent same may be covered by the proceeds of insurance;
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 & Contract Management
City of Lubbock
1314 Avenue K, 91h Floor
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.
1. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
2. The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief
in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth
herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of
any conflict between this provision and another provision in, or related to, this document, this
provision shall control.
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.
2022-921354
Provine Helicopters
Greenwood, MS United States
Date Filed:
08/11/2022
2
Name of governmenW entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
08/12/2022
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.
16460
Brush Control Management
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. ❑
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
l of l
Complete Nos. i - 4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2022-921354
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Provine Helicopters
Greenwood, MS United States
Date Filed:
08/11/2022
2 Name of governmental entity or state agency that is a party tot 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.
16460
Brush Control Management
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 DE[fC�►L�,�iA'RATfPIIOfN I �p1��►
My name is i ' c y Ae, ` ' `` (0 1- and my date of birth is
My address is 3U AicpQ4 i `oaS_ U1
f `LS �3D 11.
(street) (city)
(state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
frIi �h
Executed in NX (bit County, State of t " `5 on the—Lday of 20,2a .
(�th) (Year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc