HomeMy WebLinkAboutResolution - 2009-R0491 - Contract - Tom's Tree Place - North Overton TIF RZ Assistance - 11_05_2009Resolution No. 2009-RO491
November 5, 2009
Item. No. 5.18
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract for Services with
Tom's Tree Place to assist the North Overton Tax Increment Reinvestment Zone. 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 Council.
Passed by the City Council this 5th day of November , 2009.
TOM MARTIN, MAYOR
ATTEST:
caQ
RebAea Garza, City Secretary
APPRO\�`FD AS TO CONTENT:
Rob Allison ssl t City Manager
Development Services
APPROVED AS TO FORM:
Linda L. Charnales,
Economic Development Attorney
Lc: CityAtt/Linda/Res-NOTJF — Tom's Tree Place
October 20, 2009
Resolution No. 2009—RO491
Tom's Tree Place
CONTRACT FOR SERVICES
This contract is made by and between the City of Lubbock (hereinafter called "Client"), and
Tom's Tree Place, 5104 341" Street, Lubbock, TX 79410, (hereinafter called "Contractor") to be
effective August 1, 2009.
WHEREAS, the Client desires professional services to provide maintenance for the North
Overton Tax Increment Finance Reinvestment Zone in the public right of way of the Cottages of
Lubbock (Area One) and replacing and maintaining grass in the Median in Glenna Goodacre
Boulevard located between Avenue S and Avenue U (Area Two); and
WHEREAS, Contractor desires to perform as an independent contractor to provide
certain professional maintenance services upon terms and conditions contained in this Contract;
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the
Client and Contractor agree as follows:
1. Description of Work
The scope of professional services consists of providing maintenance within the North
Overton Tax Increment Finance Reinvestment Zone in the public right of way of the
Cottages of Lubbock (Area One) and in the median in Glenna Goodacre Boulevard
located between Avenue S and Avenue U (Area Two) as well as replacing grass that has
not been accepted in the median in Area Two.
1.1 Contractor Responsibilities
Contractor agrees to perform the services described in the Description of Work attached
as Appendix A for Area One and Appendix B for Area Two. This will include
maintenance for Area One and Area Two for a period of twelve months beginning
August 1, 2009 and replacing grass in Area Two that has not been accepted.
Contractor shall furnish all necessary labor and supervision, except as specified
hereunder to be furnished by the Client, and shall perform the Services subject to and in
accordance with the terms and conditions of this agreement.
Contractor may also provide such other services not specified in the Proposal as the
Client may request in writing from time to time (see "Additional Work").
1.2 Client Responsibilities
Client may elect to forego any particular Service or Services by providing written notice
of such election to Contractor at any time.
Client will designate an individual to act as the single point of contact for Contractor.
Contract for Services — Tom's Tree Place
Client will give prompt written notice to Contractor whenever the client observes or
otherwise becomes aware of any development that affects the scope or timing of the
Contractor's services.
2. Time for Performance
Work under this contract will be scheduled upon execution of this contract. The
scheduled performance period for this contract is estimated to be twelve (12) months.
This contract will be valid for a term covering the scheduled performance period or until
the completion and final acceptance of the services and products authorized. This
contract can be extended by mutual consent of the Client and the Contractor by execution
of a letter of agreement to do so.
3. Errors
Work to be performed by Contractor shall be of good quality and shall be performed in a
professional manner, using that degree of care and skill ordinarily exercised by and
consistent with the standards of competent professionals engaged in the same or similar
projects. Contractor shall perform the Work as described herein and shall comply with
applicable laws, rules, and regulations, including the North Overton Public Improvement
Guidelines.
4. Contractor's Compensation
Client shall pay Contractor on a monthly basis. Contractor's professional fees for the
Services shall not exceed $19,140.00 for Area One and shall not exceed $21,729.00
(including $5,889.00 for turfgrass sod) for Area Two, for a total of $40,869.00. The
Client agrees to pay Contractor upon receipt and approval of invoice. Invoices shall be
delivered by Contractor, and payment terms are net 30 days from receipt of invoice.
5. Miscellaneous Provisions
5.1 Additional Work
Additional Work shall be authorized only by written amendments to this Contract.
Compensation for additional work shall be mutually agreed upon by the Client and
Contractor prior to commencement of the Work. Both the Client and the Contractor must
execute all amendments to this Contract in writing prior to Contractor's commencing
work.
5.2 Governing Law
This Contract shall be governed by, subject to, and construed according to the laws of the
State of Texas.
Contractor agrees to comply with all applicable local, state, and federal laws, regulations,
and orders relating to the services, including but not limited to fair and equal opportunity
practices and policies.
Contract for Services — Toni's Tree Place 2
5.3 Entire Agreement
This Contract including all attachments, exhibits. and amendments, if any, shall
constitute the entire agreement by the parties hereto and supercedes all prior offers,
negotiations, and agreements relating to the same subject matter.
5.5 Warranties
Contractor warrants that the Services shall be tree of defects and shall be in accordance
with the requirements of this Agreement.
5.6 Termination
Either party may terminate this Contract or any part thereof by giving ten (10) day
written notice. Should termination become necessary, the Client agrees to pay the
Contractor for all services and products satisfactorily completed up to and including the
date of termination.
5.7 Assignment
This Contract shall not be assignable in part or in its entirety without the prior written
approval of Client. It is agreed and understood that the Project will be prepared for the
use and benefit of the Client.
5.8 Enforcement
In the event that it shall become necessary for either party to enforce this Contract as a
result of a breach by the other party, each party shall have all of the remedies available to
it in law or in equity, including reasonable attorney's fees.
5.9 Enforceability
If any term or provision of this Contract, or its application to any person or circumstance
shall, to any extent, be invalid or unenforceable, the remainder of this Contract or the
application of the term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable shall not be affected by the unenforceable or
invalid provision, and each remaining term and provision of this Contract shall be valid
and enforced to the fullest extent permitted by law.
5.10 Insurance
1. General. Contractor shall procure and carry, at its sole cost and expense through the
life of this contract insurance protection hereinafter specified, in form and substance
satisfactory to the Client. Client must approve all policies prior to the
commencement of any activities whether performed by the Contractor, subcontractor,
agents, or third parties. The insurance carrier must be an insurance company
authorized to transact business in the State of Texas and have a Best's Financial
rating of ANII. A Certificate of Insurance specifying each required coverage shall be
submitted to Client prior to the execution of this contract. Required insurance shall
be prepared and executed by the insurance company or its authorized agents with the
exception of the Workers Compensation insurance, and shall contain an endorsement
naming the Client as an additional insured. Written notice of cancellation or any
material change will be provided thirty (30) days in advance of cancellation or
change. Required insurance shall provide a waiver of subrogation in favor of Client.
Contract for Services — Toni's Tree Place 3
2. Required Coverage. Contractor shall obtain and maintain policies in insurance
throughout the contract term in limits specified below.
a) The Contractor shall elect to obtain worker's compensation coverage pursuant to
Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said
coverage throughout the term of the Contract and shall comply with all provisions
of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said
coverage. Any termination of worker's compensation insurance coverage by
contractor or any cancellation or nonrenewal of worker's compensation insurance
coverage for the Contractor shall be a material breach of this Contract.
b) Conuuercial General Liability. The Contractor shall maintain Commercial
General Liability coverage endorsed to include premises/operations, contractual
liability, independent contractors' and completed operations. The policy shall
have a minimum of One Million and no/100 Dollars (S1,000,000) combined
single limit in the aggregate and per occurrence.
Contractor and its insurers providing the required coverages shall waive all rights to
recovery against Client and its directors, officers, employees, and agents.
5.11 Force Majeure
Neither the Client nor Contractor shall be required to perform any term, condition, or
covenant in this Contract so long as such performance is delayed or prevented by force
majeure, which shall mean acts of God, unforeseeable material or labor restrictions by
any governmental authority, civil riot, or floods.
5.12 Notifications
All notices, approvals, acceptances, and consents required by this Contract shall be in
writing and addressed as follows:
Client:
City of Lubbock North Overton PID
1625 1')"' Street
Lubbock, Texas 7940I
Attn. Cheryl Brock
806-775-2019
Contractor:
Tom's Tree Place
5104 34th St.
Lubbock, Texas 79410
Attn: Alex Scarborough
806-799-3677
Contract for Services — Tom's Tree Place 4
Executed in duplicate originals by the Client and Contractor on this 5th day of
November ,2009.
CITY OF LUBBOCK
North Overton Tax Increment
Reinvestment Zone
MAYOR, TOM MARTIN
ATTEST:
Rebecta Garza, City Secretary
APPROVED AS TO CONTENT
Rob Allis . ls-is-tant-City Manager
Development Services
APPROVED AS TO FORM:
Linda L. Chamales, Economic Development Attorney
Contract for Services — Tom's Tree Place 5
Resolution No. 2009—RO491
Appendix A — Description of Services
Area One
(Public Right of Way around the Cottages of Lubbock)
Contractor shall maintain the grass, trees, shrub material and other plants in the public right of
way of the Cottages of Lubbock for a period of one full year.
Trees will be maintained by pruning, cultivating. watering, weeding. fertilizing, restoring
planting saucers. tightening and repairing stakes and guy supports, and resetting to proper grades
or vertical position, as required to establish healthy, viable plantings, and spraying as required to
keep trees free of insects and disease. Damaged tree wrappings shall be restored or replaced.
Tree and plant maintenance shall be done in accordance with the Exterior Plants Specifications
Part 2, Sections 21. Tree and Shrub Material, and Part 3, Sections 3.8 Planting Bed Mulching,
3.9 Plant Maintenance, 3.10 Cleanup and Protection, and 3.11 Disposal. which are attached
hereto.
Grass shall be maintained in accordance with the Lawns and Grasses Specifications described in
and attached to Appendix B - Description of Services Area Two.
Contract for Services — Tom's Tree Place 6
1.9 MAINTENANCE
A. Trees: Maintain for the following maintenance period by pruning, cultivating, watering,
weeding, fertilizing, restoring planting saucers, tightening and repairing stakes and guy
supports, and resetting to proper grades or vertical position, as required to establish
healthy, viable plantings. Spray as required to keep trees free of insects and disease.
Restore or replace damaged tree wrappings.
1. Maintenance Period: One year from date of Substantial Completion. Remove all tree
staking from trees one year from Substantial Completion.
PART 2-PRODUCTS
2.1 TREE AND SHRUB MATERIAL
A. General: Furnish nursery -grown trees and shrubs complying with ANSI Z60.1, with
healthy root systems developed by transplanting or root pruning. Provide well -shaped,
fully branched, healthy vigorous stock free of disease, insects, eggs, larvae, and defects
such as knots, sun scald, injuries, abrasions and disfigurement.
B. Provide trees to be planted along the Glenna Goodacre Boulevard which are matched, by
species, in caliper, crown shape and size, trunk size and form, and branching lift to assure
symmetry in planting:
a. 4" minimum caliper
b. 14' to 16' height
C. 6' to 8' spread
& 6' to 7' branching height. — Trees may be pruned (lift and separate branch
structure) further at project site, at the request of the Landscape Architect.
e. 42" minimum diameter root ball
C. Obtain all Live Oak trees planted along the center median of Glenna Goodacre Boulevard
from a single source of select stock as available from Trees of Delta, Cooper, Texas;
Contact: Larry Crump; (903)395-3335.
D. Provide trees to be planted along the south right-of-way along Glenna Goodacre Boulevard
which are matched, by species, in caliper, crown shape and size, trunk size and form, and
branching lift, to assure symmetry in planting.
E. Provide trees to be planted along 91h Street which are matched, by species, in caliper, crown
shape and size, trunk size and form, and branching lift, to assure symmetry in planting.
F. Provide trees to be planted along 10`h Street which are matched, by species, in caliper,
crown shape and size, trunk size and form, and branching lift, to assure symmetry in
planting.
G. Provide trees to be planted along Avenues S, T & U which are matched, by species, in
caliper, crown shape and size, trunk size and form, and branching lift, to assure symmetry
in planting.
H. Provide all other trees of sizes, grades, and ball or container sizes complying with ANSI
Z.60.1 for types and form of trees and shrubs required. Trees and shrubs of a larger size
may be used if acceptable to Landscape Architect„ with a proportionate increase in size of
roots or balls.
I. Root -Ball Depth: Furnish trees with root balls measured from top of root ball„ which shall
begin at root flare according to ANSI Z60.1. Root flare shall be visible before planting.
J. Label each tree with securely attached, waterproof tag bearing legible designation of
botanical and common name.
03830808 EXTERIOR PLANTS 02930 - 4
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3.8 PLANTING BED MULCHING
A. Mulch backfilled surfaces of planting beds and other areas indicated.
1. Organic Mulch: Apply 3-inch average thickness of organic mulch, and finish level
with adjacent finish grades. Do not place mulch against plant stems.
3.9 PLANT MAINTENANCE
A. Tree Maintenance: Maintain plantings by pruning, cultivating, watering, weeding,
fertilizing, restoring planting saucers, adjusting and repairing stakes and guy supports, and
resetting to proper grades or vertical position, as required to establish healthy, viable
plantings. Spray or treat as required to keep trees and shrubs free of insects and disease.
Restore or replace damaged tree wrappings.
3.10 CLEANUP AND PROTECTION
A. During planting, keep adjacent paving and construction clean and work area in an orderly
condition.
B. Protect exterior plants from damage due to landscape operations, operations by other
contractors and trades, and others. Maintain protection during installation and maintenance
periods. Treat, repair, or replace damaged plantings.
3.11 DISPOSAL
A. Disposal: Remove surplus soil and waste material, including excess subsoil, unsuitable
soil, trash, and debris, and legally dispose of them off Owner's property.
END OF SECTION 02930
03830808 EXTERIOR PLANTS 02930 - 10
09/08
Resolution No, 2009—RO491
Appendix B — Description of Services
Area Two
(Median in Glenna Goodacre Blvd. between Avenue S and Avenue U)
Contractor shall replace grass in the median that was not accepted under the Cottages of
Lubbock Project Contract dated January 16, 2009. in accordance with the Lawns and Grasses
Specifications in Part 2 Products, Sections 2.1 Turfgrass Sod and 22 Inorganic Soil
Amendments, which are attached hereto. The estimated value of the grass to be replaced is
$5,889.00
Maintenance, which shall begin immediately after each area is planted and continue until
acceptable turf is established, shall be provided by skilled employees of the landscape installer.
Contractor shall maintain the sodded turf in the median for one full year including mowing,
edging and maintenance of weeds and trash and maintenance shall be done in accordance with
the Lawns and Grasses Specifications in Part 3, Sections 3.5 Turf Maintenance, 3.6 Satisfactory
Turf, 3.7 Pesticide Application, and 3.8 Cleanup and Protection, which are attached hereto.
Any trees in Area Two shall be maintained in accordance with the Exterior Plants Specifications
described in and attached to Appendix A - Description of Services Area One.
Contract for Services — Tom's Tree Place 7
B. Bulk Materials:
1. Do not dump or store bulk materials near structures, utilities, walkways and
pavements, or on existing turf areas or plants.
2. Provide erosion -control measures to prevent erosion or displacement of bulk
materials, discharge of soil -bearing water runoff, and airborne dust reaching
adjacent properties, water conveyance systems, or walkways.
3. Accompany each delivery of bulk fertilizers, lime, and soil amendments with
appropriate certificates.
1.7 PROJECT CONDITIONS
A. Planting Restrictions: Plant during the following period. Coordinate planting periods with
initial maintenance periods to provide required maintenance from date of planting
completion.
1. Planting: May l September 1.
B. Weather Limitations: Proceed with planting only when existing and forecasted weather
conditions permit planting to be performed when beneficial and optimum results may be
obtained. Apply products during favorable weather conditions according to manufacturer's
written instructions.
1.8 MAINTENANCE SERVICE
A. Initial Turf Maintenance Service: Provide full maintenance by skilled employees of
landscape Installer. Maintain as required in Part 3. Begin maintenance immediately after
each area is planted and continue until acceptable turf is established but for not less than
the following periods:
L Sodded Turf One full year of maintenance, including mowing, edging and
maintenance of weeds and trash.
PART 2 - PRODUCTS
2.1 TURFGRASS SOD
A. Turfgrass Sod: Approved complying with "Specifications for Turfgrass Sod Materials" in
TPI's "Guideline Specifications to Turfgrass Sodding." Furnish viable sod of uniform
density, color, and texture, strongly rooted, and capable of vigorous growth and
dpvelopment when planted.
B. Turfgrass Species: Prairie Buffalo Sod (Buchloe Dactyloides 'Prairie').
2.2 INORGANIC SO[L AMENDMENTS
A. Lime: ASTM C 602, agricultural liming material containing a minimum of 80 percent
calcium carbonate equivalent and as follows:
1. Class: T, with a minimum of 99 percent passing through No. 8 (2.36-mm) sieve and
a minimum of 75 percent passing through No. 60 (0.25-mm) sieve.
2. Class: O, with a minimum of 95 percent passing through No. 8 (2.36-mm) sieve and
a minimum of 55 percent passing through No. 60 (0.25-mm) sieve.
3. Provide lime in form of ground calcitic limestone.
B. Sulfur: Granular, biodegradable, containing a minimum of 90 percent sulfur, and with a
minimum of 99 percent passing through No. 6 (3.35-mm) sieve and a maximum of 10
percent passing through No, 40 (0.425-mm) sieve.
03830808 LAWNS AND GRASSES 02920 - 3
09/08
3.5 TURF MAINTENANCE
A. Maintain and establish turf by watering, fertilizing, weeding, mowing, trimming,
replanting, and performing other operations as required to establish healthy, viable turf.
Roll, regrade, and replant bare or eroded areas and remulch to produce a uniformly smooth
turf. Provide materials and installation the same as those used in the original installation.
1. Fill in as necessary soil subsidence that may occur because of settling or other
processes. Replace materials and turf damaged or lost in areas of subsidence.
2. Apply treatments as required to keep turf and soil free of pests and pathogens or
disease. Use integrated pest management practices whenever possible to minimize
the use of pesticides and reduce hazards.
B. Watering: Keep turf uniformly moist to a depth of 4 inches.
1. Schedule watering to prevent wilting, puddling, erosion, and displacement of seed or
mulch.
2. Water turf with fine spray at a minimum rate of I inch per week unless rainfall
precipitation is adequate.
C. Mow turf as soon as top growth is tall enough to cut. Repeat mowing to maintain specified
height without cutting more than 1/3 of grass height. Remove no more than 1/3 of grass -
leaf growth in initial or subsequent mowings. Do not delay mowing until grass blades bend
over and become matted. Do not mow when grass is wet. Schedule initial and subsequent
mowings to maintain the following grass height:
1. Mow Buffalo to a height of I" to 2".
D. Turf Postfertilization: Apply fertilizer after initial mowing and when grass is dry.
1. Use fertilizer that will provide actual nitrogen of at least I Ib/1000 sq. ft. to turf area.
3.6 SATISFACTORY TURF
A. Turf installations shall meet the following criteria as determined by Landscape Architect:
I. Satisfactory Sodded Turf. At end of maintenance period, a healthy, well -rooted,
even -colored, viable turf has been established, free of weeds, open joints, bare areas,
and surface irregularities.
B. Use specified materials to reestablish turf that does not comply with requirements and
continue maintenance until turf is satisfactory.
3.7 PESTICIDE APPLICATION
A. Apply pesticides and other chemical products and biological control agents in accordance
with requirements of authorities having jurisdiction and manufacturer's written
recommendations. Coordinate applications with Owner's operations and others in
proximity to the Work. Notify Owner before each application is performed.
B. Post -Emergent Herbicides (Selective and Non -Selective): Apply only as necessary to treat
already -germinated weeds and in accordance with manufacturer's written
recommendations.
3.8 CLEANUP AND PROTECTION
A. Promptly remove soil and debris created by turf work from paved areas. Clean wheels of
vehicles before leaving site to avoid tracking soil onto roads, walks, or other paved areas.
03930808 LAWNS AND GRASSES 02920 - 7
09/08