HomeMy WebLinkAboutResolution - 2023-R0004 - Contract 16924 with Tom's Tree Place - North Overton TIF 1.10.23Resolution No. 2023-R0004
Item No. 5.5
January 10, 2023
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. 16924 for tax increment
finance district at Glenna Goodacre Boulevard & Avenue U right-of-way improvement
services, by and between the City of Lubbock and West Texas Services, Inc., dba Tom's Tree
Place of Lubbock, Texas, and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council on January 10, 2023
ATTEST:
Rebe a Garza, City Sec
APPROVED AS TO CONTENT:
D. Blu K telich, Chief Financial Officer
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/RES.ServiceContract 16924 NO TIF ROW improvements
1.4.23
Resolution No. 2023-R0004
TAX INCREMENT FINANCE DISTRICT GLENNA GOODACRE BOULEVARD & AVENUE U RIGHT-OF-
WAY IMPROVEMENTS S E R V I C E AGREEMENT
This Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service
agreement (the "Agreement") 16924, is by and between the City of Lubbock, Texas, a State of Texas Home Rule Municipal
Corporation (the "City"), and West Texas Services, Inc., a State of Texas corporation doing business as Tom's Tree Place,
(the "Contractor") with the City and the Contractor (each a "Party," and collectively, the "Parties") acting by and through
the Parties' duly authorized officers and officials, and with this Agreement becoming effective upon its execution on the
1 Oth day of January , 2023 "Effective Date").
RECITALS
WHEREAS, Chapter 311 of the Texas Local Government Code (the "Act") allows for the creation of public improvement
districts; and
WHEREAS, on March 14, 2002 the City passed Resolution No. 2002-00029, which authorized and created the North
Overton Tax Increment Finance Reinvestment Zone (the "District"), and designated the City as the entity responsible for
the management of and provision of services and improvements to the District; and
WHEREAS, certain public improvements within the District are in need of maintenance, construction, or repair in order to
promote the purposes of the District and to protect the health and welfare of the residents within the District; and
WHEREAS, the Contractor has performed similar work within the District under previous contracts with the City; and
NOW, THEREFORE, based on the previous work of the Contractor within the District, the City wishes to enter into this
Agreement with the Contractor for the Contractor's performance of the purchase and installation of amenities within the
District according to the following terms:
AGREEMENT
Article 1. Term & Termination
A. The term of this Agreement commences on the Effective Date and continues without interruption for a term of 12
months. If the Contractor determines that additional time is required to complete the Services, the Director of Business
Development, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional
six (6) months of time so long as the amount of the consideration does not increase.
B. Either Party may terminate this Agreement for convenience upon sixty (60) days' written notice delivered to the other
Party by registered mail.
C. In the event that any of the provisions of this Agreement are violated by either Party, the violating Party will be deemed
in default of this Agreement. The non -defaulting Party may serve upon the defaulting Party a written notice specifying
such default. If, within ten (10) business days after receipt of the written notice of default, the defaulting Party takes no
steps to begin to correct such default, then the non -defaulting Party may terminate or suspend this Agreement for cause.
If either Party suspends this Agreement for cause, such suspension is limited to a total often (10) cumulative days. All
work performed under this Agreement prior to the effective date of such termination or suspension shall be paid
according to the terms of this Agreement.
Article 2. Scope of Service & Fees
A. The Parties hereby agree that "Exhibit A" to this Agreement, attached hereto and incorporated herein, contains the
complete scope of services related to the Glenna Goodacre Blvd. & Ave U ROW Improvements contemplated under
this Agreement (the "Scope of Services"). If any provision of the Scope of Services is in conflict with a provision of
this Agreement, the provision in this Agreement shall prevail.
B. The Parties hereby agree that the Contractor will charge the City an amount not to exceed $450,000, as listed in the
attached "Exhibit A", for the Contractor's performance of the Scope of Services.
C. The Scope of Services shall be performed by the Contractor solely within the District.
Article 3. Independent Contractor Relationship
In its performance under this Agreement, the Contractor shall act solely in the capacity of and as an independent contractor,
and not as an agent or employee of the City. The City shall have no control over the Contractor's operations in connection
with the Contractor's performance of the Scope of Services except as may otherwise be provided in this Agreement. In no
way shall any of the Contractor's employees or agents be considered agents or employees of the City.
Article 4. Insurance & Risk
A. Throughout the duration of the Term, the Contractor shall carry at least the minimum amount of insurance required by
the City for the Contractor's performance of the Scope of Services. If the Contractor ever fails to prove that it has such
required insurance coverage, the Contractor will be considered to be in breach of this Agreement, and the City may
initiate the termination of this Agreement. Specifically, the Contractor shall:
1. Obtain and maintain commercial general liability coverage with insurance carriers admitted to do business in
the State of Texas, with such coverage having a Best's Rating of A-VII or better, and with such coverage being
written on an occurrence basis, subject to the following minimum limits of liability:
a. General Liability $1,000,000 / $2, 000, 000 aggregate
Includes: Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one
fire), and Medical Expenses (any one person).
b. Automotive Liability
c. Commercial General Liability Digging
d. Workers Compensation
e. Pollution Liability Requirements:
$1,000,000
XCU endorsement
Statutory Amounts
$500,000 occurrence/$1,000,000 aggregate
2. Ensure that the City be named as additional insured on a primary and non-contributory basis on automobile and
general liability coverage, with a waiver of subrogation in favor of the City on all coverages.
3. Ensure that all copies of any certificates of insurance shall reference the project name or bid number for which
the insurance is being supplied.
4. Provide copies of all endorsements with the additional insured endorsement attached to the policy.
5. Provide a certificate of insurance to the City as evidence of the coverage required under this Agreement, with
such certificate providing thirty (30) days' notice of cancellation and showing the wording "endeavor to" and
"but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents
or representatives" being crossed out.
6. Maintain workers compensation insurance in the statutory amount.
B. INSURANCE IDFENMITY. THE CONTRACTOR SHALL INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS THE
CITY AND THE CITY'S OFFICERS, ELECTED OFFICIALS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND
AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DAMAGE, OR EXPENSE, INCLUDING, BUT NOT LIMITED TO,
ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO THE CONTRACTOR'S FAILURE TO FURNISH AND MAINTAIN
THE INSURANCE COVERAGE REQUIRED BY THIS AGREEMENT. IN THE EVENT OF ANY SUCH FAILURE, THE CITY
MAY, IN ITS SOLE DISCRETION, FURNISH SUCH POLICY WITHOUT PREJUDICE TO ANY OTHER REMEDY THE CITY
MAY HAVE, THE COST AND EXPENSE OF FURNISHING AND MAINTAINING SUCH POLICY SHALL BE DEEMED AN
OPERATING EXPENSE OF THE CONTRACTOR PAYABLE AT THE CITY'S SOLE DISCRETION. THE FOREGOING
SHALL NOT, HOWEVER, APPLY TO CRIMINAL PENALTIES OR FRAUD COMMITTED BY THE CITY OR THE CITY'S
OFFICERS, DIRECTORS, OR EMPLOYEES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
C. GENERAL INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS THE
CITY AND THE CITY'S OFFICERS, ELECTED OFFICIALS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND
AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DAMAGE, OR EXPENSE, INCLUDING, BUT NOT LIMITED TO,
ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO THE CONTRACTOR'S PERFORMANCE OF THE SERVICES
CONTEMPLATED UNDER THIS AGREEMENT, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE
NEGLIGENCE OF THE CONTRACTOR. THE FOREGOING SHALL NOT, HOWEVER, APPLY TO CRIMINAL PENALTIES
OR FRAUD COMMITTED BY THE CITY OR THE CITY'S OFFICERS, DIRECTORS, OR EMPLOYEES. THIS PROVISION
SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Article 5. Miscellaneous
A. This Agreement is made solely for the benefit of the Parties, and no action or defense may be founded upon this
Agreement except by the Parties.
B. In no event shall either Party be deemed to be in default of any provision of this Agreement for failure to perform
where such failure is due solely to strikes, walkouts, civil insurrections or disorders, acts of God, or for any other
cause or causes wholly beyond the control of the non -preforming Party (a "Force Majeure'). In such eventuality,
the non -performing Party may, upon twelve (12) hours' notice to the other Party, request the temporary suspension
of the Scope of Services until the cessation of such Force Majeure.
C. The Parties understand and acknowledge that the funding of this Agreement is contained in each Party's annual
budget and is subject to the approval of each Party in each fiscal year. The Parties further agree that should the
governing body of any of the Parties fail to approve a budget which includes sufficient funds for the continuance of
this Agreement, or should the governing body of any of the Parties fail to certify funds for any reason, then and
upon the occurrence of such event, this Agreement shall terminate as to that Party and that Party shall then have no
further obligation to the other Party. When the funds budgeted or certified during any fiscal year by a Party to
discharge its obligations under this Agreement are expended, this Agreement may be terminated. The Party paying
for the services contemplated under this Agreement must make said payments from current revenues available to
the paying Party.
D. This Agreement is subject to all present and future valid laws, orders, rules, ordinances, and regulations of the
United States of America, the State of Texas, the Parties, and any other regulatory body having jurisdiction over
this Agreement. This Agreement shall be construed and governed according to the laws of the State of Texas. The
sole venue for any action, controversy, dispute, or claim arising under this Agreement shall be in a court of
appropriate jurisdiction in Lubbock County, Texas exclusively.
E. Each Party reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. The
City shall be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any
conflict between this provision and another provision in, or related to, this Agreement, the former shall control.
F. This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with
Tex. Gov't. Code Ann. Chapter 552 et seq., as amended, the same shall be of no force and effect.
G. This Agreement is entered solely by and between, and may be enforced only by and among the Parties. Except as
set forth above, this Agreement shall not be deemed to create any rights in or obligations to any third parties.
H. Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer, or
agent of any public body that may be a party to this Agreement.
I. This Agreement is not intended to, and shall not be construed to create, any joint enterprise between or among the
Parties.
J. The Parties expressly acknowledge that the Parties' authority to indemnify and hold harmless any third party is
governed by the Texas Constitution and any provision which purports to require indemnification by either Party is
invalid.
K. The Contractor warrants that it is in compliance with Chapter 2270.002 of the Texas Government Code by verifying
that it does not boycott Israel, and that it will not boycott Israel during the term of this Agreement. Additionally,
the Contractor acknowledges that Texas Senate Bill 252 prohibits the City from entering into a contract with a
vendor that is identified by the Comptroller as a company known to have contracts with or provide supplies or
service with Iran, Sudan or a foreign terrorist organization.
L. Texas Government Code Section 2252.152 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.
M. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY
WAY INTENDED TO CONSTITUTE A WAIVER BY EITHER PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY
THAT A PARTY TO THIS AGREEMENT MAY HAVE BY OPERATION OF LAW. THE CITY RETAINS ALL OF ITS
GOVERNMENTAL IMMUNITIES.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written.
Executed in triplicate.
ATTEST:
- -41&,o� )v
Rebe ca Garza, City SeUtary
APPROVED AS TO CONTENT:
Brianna Brown, Director of Business
Development
Z
�ora
Print Name
5104- 3�-�
Address
LU atk I
City, State, Zip Code
APPROVED AS TO FORM
Kelli Leisure, Assistant City Attorney
EXHIBIT A: SCOPE OF SERVICES AND FEES
PAYMENT AND PERFORMANCE BONDS
DAVIS BACON WAGE DETERMINATION
Exhibit A
PRICE PROPOSAL CONTRACT
Glenna Goodacre Blvd. & Ave U ROW Improvements
DATE
UNIT PRICE
ITEM
#
ITEM DESCRIPTION
QTY
(+/-)
UNIT
UNIT
COST
EXTENDED
COST
General Items
1
Demo existing paving
2,180
SF
$3.69
$8,040.00
2
Excavate existing grass areas 10"
285
CY
$63.00
$17,955.00
3
Pre -Construction Grading
4,430
SF
$0.40
$1,772.00
4
Concrete Sidewalk (3000 PSI, 4" Depth w/ Fiber)
3265
SF
$7.00
$22,855.00
5
Concrete Border (6" Depth, 8" Width, w/ #3 Rebar)
70
LF
$20.00
$1,400.00
6
Vehicular Concrete ( 3000 PSI, 6" Depth w./ Fiber &
#3 Rebar)
70
SF
$7.00
$490.00
7
Brick Pavers (Old Colonial)
70
SF
$14.00
$980.00
8
4" Concrete Paver Base
70
SF
$5.00
$350.00
9
ADA Ramp w/ pavers
2
PER
$2,057.50
$4,115.00
10
Concrete Curb at Approaches
30
LF
$30.00
$1,200.00
11
Concrete Wall @ Ramierz School Building (Approx
18" Tall x 12" Wide, 3000 PSI, #4 Rebar
65
LF
$60.00
$3 900.00
'
12
Paver Border w./ Concrete Base
1,120
LF
$25.00
$28,000.00
13
Joint Sealant at Expansion Joints
300
LF
$5.00
$1,500.00
14
12" Concrete Border under Fence (380Lf section only.
Does not include fence alternates)
380
LF
$25.00
$9,500.00
15
Electrical and Lighting
1
LUMP
$106,124.85
$106,124.85
16
Fine Grading
3,840
SF
$0.40
$1,536.00
17
Bermuda Grass (Solid Sod)
3,000
SF
1.05
$3,150.00
18
Decomposed Granite
12
CY
$300.00
$3,600.00
19
Red Oaks (4"CALB&B)
18
PER
$1,181.25
$21,262.50
20
Cedar Elms (4"CALB&B)
5
PER
$1,031.25
$5,156.25
21
P&P Bonds
1
LUMP
$9,750.00
$9,750.00
22
General Conditions
1
LUMP
$16,563.40
$16,563.40
Total:
$
$269,200.00
LUMP SUM
ITEM
ITEM DESCRIPTION
MATERIALS
SERVICE
TOTALLMLUMP
General Items
1
Irrigation System
$52,000.00
Fence around the Ramirez Elementary School
Playground along Ave. U & Glenna Goodacre
2
Blvd. Demo 380 feet of existing fence and replace
$33,800.00
with 6', black, coated chain -link fence. Gates to
match location of existing
2
Site Protection
$10,000.00
ALTERNATE SCOPE ITEMS
ITEM #
ITEM DESCRIPTION
MATERIALS
SERVICE
TOTAL LUMP
SUM
General Items
Fence on the North side of the Ramirez
Elementary playground from Ave U to the school
ALT-1
building. Demo 136' of existing chain -link fence
$14,850.00
and replace with 6', black, coated, chain -link
fence. Gates will remain in current location.
Fence between the gym building and the main
ALT - 2
school building. Demo 58' of existing chain -link
$8,775.00
fence and replace with 6', black, coated, chain -
link fence. Gates will remain in current location.
Contractor hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to
Proceed" of the Owner.
DAVIS BACON WAGE DETERMINATIONS
PUR 16924 - Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement — Tom's
Tree Place— North Overton TIF 2022 3
EXHIBIT A
General Decision Number: TX20220280 03 25`2022
Superseded General Decision Number: TX20210280
State: Texas
Construction Type: Building
Counties: Crosby and Lubbock Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5. 1 (a)(2)-(60).
IIf the contract is entered j. Executive Order 14026 1
linto on or after January 30, 1 generally applies to the
12022, or the contract is ! contract. I
renewed or extended (e.g., an 1. The contractor must pay
loption is exercised) on or I all covered workers at
lafter January 30, 2022: 1 least $15.00 per hour (or
the applicable wage rate
I listed on this wage
determination, if it is
higher) for all hours
I spent performing on the
I I contract in 2022. 1
PUR 16924 - Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement—Tom's
Tree Place — North Overton TIF 2022 4
Ilf the contract was awarded onl. Executive Order 13658 1
for between January 1, 2015 andl generally applies to the 1
JJanuary 29, 2022, and the 1 contract. I
)contract is not renewed or 1. The contractor must pay all
lextended on or after January I covered workers at least 1
130, 2022: 1 $11.25 per hour (or the I
I I applicable wage rate listed)
I I on this wage determination,)
I I if it is higher) for all I
I I hours spent performing on I
I I that contract in 2022. 1
I I I
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
https://www.dol.gov. agencies/whd/govemment-contracts.
Modification Number Publication Date
0 01/07/2022
1 02/25/2022
2 03/25/2022
BOIL0074-003 01:01/2021
Rates Fringes
BOILERMAKER ...................... $ 29.47 24.10
PUR 16924 - Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement—Tom's
Tree Place — North Overton TIF 2022 5
* CARP0665-001 01/01/2022
Rates Fringes
CARPENTER ........................ $ 24.98 7.83
ELEC0602-008 03/01/2020
Rates Fringes
ELECTRICIAN ......................$23.12 3%-10.75
ENG10178-005 06'01/2020
Rates Fringes
POWER EQUIPMENT OPERATOR
(I) Tower Crane ............. $ 32.85 13.10
(2) Cranes with Pile
Driving or Caisson
Attachment and Hydraulic
Crane 60 tons and above ..... $ 28.75 10.60
(3) Hydraulic cranes 59
Tons and under .............. $ 32.35 13.10
IRON0084-011 06/01 /2021
Rates Fringes
IRONWORKER, ORNAMENTAL ........... $ 26.01 7.56
IRON0263-003 06/01/2020
Rates Fringes
PUR 16924 - Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement—Tom's
Tree Place — North Overton TIF 2022 6
IRONWORKER, STRUCTURAL ........... $ 25.14 7.43
PLUM0404-001 09. 01- 2020
Rates Fringes
PLUMBER .......................... $ 26.05 8.81
SHEE0049-001 04/01 /2019
Rates Fringes
SHEET METAL WORKER (HVAC Duct
Installation Only) ............... $ 21.73 14.94
* SUTX2014-060 07/21/2014
Rates Fringes
BRICKLAYER ....................... $ 20.04 0.00
CEMENT MASON. CONCRETE FINISHER ... $ 19.60 0.00
INSULATOR - MECHANICAL
(Duct, Pipe & Mechanical
System Insulation) ...............$ 19.77 7.13
IRONWORKER, REINFORCING .......... $ 12.27 ** 0.00
LABORER: Common or General ...... $ 12.35 ** 0.00
LABORER: Mason Tender - Brick ... $ 11.36 ** 0.00
LABORER: Mason Tender -
Cement/Concrete..................$ 10.58 ** 0.00
PUR 16924 - Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement—Tom's
Tree Place— North Overton TIF 2022 7
LABORER: Pipelayer..............$ 12.49 ** 2.13
LABORER: Roof Tearoff........... $ 11.28 ** 0.00
OPERATOR:
Backhoe/Excavator/Trackhoe....... $ 14.25 ** 0.00
OPERATOR: Bobcat/Skid
Steer. Skid Loader ................$ 13.93 ** 0.00
OPERATOR: Bulldozer .............$ 18.29 1.31
OPERATOR: Drill .................$ 16.22 0.34
OPERATOR: Forklift ..............$ 14.83 ** 0.00
OPERATOR: Grader r Blade .......... $ 13.37 ** 0.00
OPERATOR: Loader ................$ 13.55 ** 0.94
OPERATOR: Mechanic ..............$ 17.52 3.33
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) ......... $ 16.03 0.00
OPERATOR: Roller ................$ 12.70 ** 0.00
PAINTER (Brush, Roller, and
Spray) ...........................$ 14.27 ** 0.00
ROOFER ...........................$ 13.75 ** 0.00
SHEET METAL WORKER, Excludes
HVAC Duct Installation ........... $ 21.13 6.53
TILE FINISHER ....................$ 11.22 ** 0.00
PUR 16924-Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement -Tom's
Tree Place - North Overton TIF 2022 8
TILE SETTER ......................$ 14.00 ** 2.01
TRUCK DRIVER: Dump Truck ........ $ 12.39 ** 1.18
TRUCK DRIVER: Flatbed Truck ..... $ 19.65 8.57
TRUCK DRIVER: Semi -Trailer
Truck ............................$ 12.50 ** 0.00
TRUCK DRIVER: Water Truck ....... $ 12.00 ** 4.11
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($15.00) or 13658
($11.25). Please see the Note at the top of the wage
determination for more information.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
PUR 16924 - Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement —Tom's
Tree Place — North Overton TIF 2022 9
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https::. www.dol.gov agencies/whd/govemment-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07 01 i2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
PUR 16924 - Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement —Tom's
Tree Place — North Overton TIF 2022 10
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/ 13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/ 13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29.2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
PUR 16924 - Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement —Tom's
Tree Place — North Overton TIF 2022 11
the example, is an internal number used in producing the wage
determination. 08'29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
PUR 16924-Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement—Tom's
Tree Place — North Overton TIF 2022 12
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested parry's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION"
PUR 16924 - Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement —Tom's
Tree Place — North Overton TIF 2022 13
EXHIBIT B
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act.
EXHIBIT C
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
PUR 16924 - Tax Increment Finance District Glenna Goodacre Boulevard & Avenue U Right -Of -Way Improvements Service Agreement —Tom's
Tree Place — North Overton TIF 2022 14
EXHIBIT B & C
City of Lubbock
Overtime
Legal Holiday
Prevailing Wage Rates
The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor
Standards Act.
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1- 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:
2023-968944
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
West Texas Services, Inc.
Lubbock, TX United States
Date Filed:
01/05/2023
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.
16924
Landscape - TIF District Glenna Goodacre Blvd and Ave U ROW Improvements
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 address is 3Wc1 "601 f
r
�(country)
(street) (city) (state) (zip code)
I declare under penalty of perjury tha�egoing is true and correct.
[,A�b6 t tExecuted inCounty, State of -,on the day of n • 202�
(month) (year)
Signature of authorized agent of contracting busi entity
(Declarant)
=nrmc
-'._..___ - ...,.— -- YYYYYY.Clr11G5.bLULW K.Us Version V3.5.1.3ac88bc0
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.
2023-968944
West Texas Services, Inc.
Lubbock, TX United States
Date Filed:
01/05/2023
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:
01/05/2023
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.
16924
Landscape - TIF District Glenna Goodacre Blvd and Ave U ROW Improvements
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. ❑
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)
t-orms provlaea oy I exas tinlcs uommisslon www.etnlcs.state.tx.us Version V3.5.1.3ac88bc0
Brianna Gerardi
Changed On
Description
Before
12/01/2022
Target Council Date
11/16/2022
12/01/2022
Geo Rules Caller Type
None
12/01/2022
Geo Rules Caller Type
None
12/01/2022
Completed
No
After
1/10/2023
Submittal —Received
Submittal —Received
Yes
12/01/2022
Complete Date
[none]
12/1/2022
12/01/2022
Item Review Status ID
Under Review
Approved
12/01/2022
Passed
No
Yes
12/01/2022
Submittal Status ID
Under Review
Approved
Cheryl Brock
Changed On Description Before After
Current Balance
Cost of Good/Services
Additional Info
$623,843.00
$450,000.00
Plan (PUR-2023-16924)
$623,843.00
$450,000.00
Plan (PUR-2023-16924)
$623,843.00
$450,000.00
Plan (PUR-2023-16924)
$623,843.00
$450,000.00
Plan Submittal Item Review (Purchasing
Approval)
$623,843.00
$450,000.00
Plan Submittal Item Review (Purchasing
Approval)
$623,843.00
$450,000.00
Plan Submittal Item Review (Purchasing
Approval)
$623.843.00
$450,000.00
Plan Submittal Item Review (Purchasing
Approval)
$623,843.00
$450,000.00
Plan submittal text: (10/14/2022)
10/17/2022
Geo Rules Caller Type
None
Submittal —Received
10/17/2022
Completed
No
Yes
10/17/2022
Complete Date
[none]
10/17/2022
10/17/2022
Item Review Status ID
Under Review
Approved
10/17/2022
Passed
No
Yes
10/17/2022
Submittal Status ID
Under Review
Approved
12/22/2022
Geo Rules Caller Type
None
Submittal —Received
12/22/2022
Completed
No
Yes
12/22/2022
Complete Date
[none]
12/22/2022
12/22/2022
Item Review Status ID
Under Review
Approved
12/22/2022
Passed
No
Yes
12/22/2022
Submittal Status ID
Under Review
Approved
D. Blu Kostelich
Changed On
Description
Before
After
11/30/2022
Approved User ID
[none]
Kostelich, D. Blu
11/30/2022
Completed
No
Yes
11/30/2022
Complete Date
[none]
11/30/2022
11/30/2022
Item Review Status ID
Under Review
Approved
Current Balance
Cost of Good/Services
Additional Info
$623,843.00
$450,000.00
Plan (PUR-2023-16924)
$623,843.00
$450,000.00
Plan Submittal Item Review (Budget Director)
$623.843.00
$450,000.00
Plan Submittal Item Review (Budget Director)
$623,843.00
$450,000.00
Plan Submittal Item Review (Budget Director)
$623,843.00
$450,000.00
Plan Submittal Item Review (Budget Director)
$623,843.00
$450,000.00
Plan submittal text: (10/14/2022)
$623,843.00
$450,000.00
Plan (PUR-2023-16924)
$623.843.00
$450,000.00
Plan Submittal Item Review (Budget Director)
$623.843.00
$450,000.00
Plan Submittal Item Review (Budget Director)
$623,843.00
$450,000.00
Plan Submittal Item Review (Budget Director)
$623,843.00
$450,000.00
Plan Submittal Item Review (Budget Director)
$623,843.00
$450,000.00
Plan submittal text: (12/16/2022)
Current Balance Cost of Good/Services Additional Info
$623,843.00
$450,000.00
Item Review (Assistant City
Manager/CFOtree)
$623,843.00
$450,000.00
Item Review (Assistant City
Manager/CFOtree)
$623,843.00
$450,000.00
Item Review (Assistant City
Manager/CFOtree)
$623,843.00
$450,000.00
Item Review (Assistant City
Manager/CFOtree)
January 04, 2023
Page 1 of 4
12/20/2022
12/20/2022
Attachment added
Geo Rules Caller Type
$623,843.00 $450,000.00 Attachment (Certificate Final.pdf)
None Submittal Received $623,843.00 $450,000.00 Plan (PUR-2023-16924)
January 04, 2023 Page 4 of 4