HomeMy WebLinkAboutResolution - 2007-R0478 - Supplemental Agreement To Contract - Marian Moss Enterprises - Landscape Upkeep - 10_11_2007Resolution No. 2007-RO478
October 11, 2007
Item No. 5.4
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Supplemental Agreement No. 1 to a Contract
by and between the City of Lubbock and Marian Moss Enterprises of Lubbock, Texas,
executed October 2, 2006, for landscape maintenance for the North Overton
Development, which Supplemental Agreement No. 1 and any associated documents, are
attached hereto and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 1Ith day of
ATTEST:
Garza, City S
October
, 2007.
DAVID A. ALLER, MAYOR
APPRO ED AS TO CONTENT:
Rob Al ' - --
Assistant City Manager/Director of Business Development Services
APPROVED AS T6fO
on Vandiver, Attorney of Counse
DDms/MaTianMossEnterpriscs07ConRes
October 3, 2007
Resolution No. 2007-RO478
Contract Number 7286
CONTRACT FOR STATE USE PROGRAM
SUPPLEMENTAL AGREEMENT NO. 1
THIS SUPPLEMENTAL AGREEMENT to contract for services set aside for the State
Use program is made by and between the City of Lubbock acting by and through the,
and the TIBH Industries, Inc, hereinafter called TIBH; and Marian Moss Enterprises
, hereinafter called the Provider, and becomes effective when fully executed
by all parties.
W I T N E S S E T H
WHEREAS, the City of Lubbock, TIBH, and the Provider executed a contract on
October 2. 2006 concerning Overton Development
Landscape Maintenance ; and,
WHEREAS, Article 1, Contract Period, requires work to be completed on or before
October 1, 2009 ; and,
WHEREAS, Article 3, Compensation, limits the maximum amount payable of the
contract to $197,871.84 ; and,
WHEREAS, it has become necessary to amend the contract;
NOW THEREFORE, premises considered, the City of Lubbock, TIBH, and the Provider
agree that said contract is amended as follows:
AGREEMENT
Article 1. City of Lubbock Specification for the North Overton Development is
amended to read as following:
1.2.2 Watering: It shall be the contractor's responsibility to insure sufficient moisture is present to
promote healthy vigorous and fully leafed plants that remain in full bloom throughout their growing
season.
1.4 Litter Control: Remove all litter as needed to keep beds free of debris.
2.2.1 Pruning: All shrubs and ground coverings shall be pruned and maintained in such a manner as
to insure proper growth, flowering duration and to be kept within planting beds limits
2.2.2 Watering: It shall be the contractor's responsibility to insure sufficient moisture is present to
promote healthy vigorous and fully leafed plants that remain in full bloom throughout their growing
season.
4.5 Any tree found to be dead or missing, that was beyond the control of the Contractor, shall be
replaced with plant material provided by the City of Lubbock. The labor to replant the tree will be
done using the extra work cost. If a tree has to be replaced due to the negligence of the
contractor, then material cost and labor cost will be paid by the Contractor.
Contract Number 7286
6.0.2 The Contractor will empty curbside litter receptacles as needed.
Article 2. The maximum amount payable under this contract is (increased !
decreased) from 1197,871.84 to $432,344.16
Cost is to be adjusted according to the attached payment schedule. The new
cost to be used starting with September 2007 invoices. Payable amount above is
to cover the remainder of the contract ending October 1, 2009.
Article 3. The termination date is extended to NA
All other provisions are unchanged and remain in full force and effect.
W WITNESS WHEREOF, the parties hereto have executed triplicate counterparts to effectuate
their agreement, but this agreement shall not be valid until signed by a duly authorized representative
of each party.
City of Lubbock Marian ss Ent ris s
David A. Miller
City Mayor
Attest:
Becky Garza
City Secretary
Apprerved as to Content
Rob Allison
Director of Business Development Services
Assistant City Manage
A rowed
is
Assistant City Attorney
Mike McDaniel,
Executive Director
Attest:
y .
Jayne Ann Miller
Corporate Secretary
Appro d for State Use Program
Larry Sargee, Sr. Marketing Representative
T113H Industries, Inc.
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