HomeMy WebLinkAboutResolution - 2023-R0225 - Contract 17136 with Tom's Tree Place 5.9.23Resolution No. 2023-RO225
Item No. 6.5
May 9, 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. 17136 for repair and
maintenance for North Overton Public Improvement District (PID) as per RFP 23-17136-KM,
by and between the City of Lubbock and West Texas Services dba Tom's Tree Place of
Lubbock, TX, 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
A TEST: 4e
Courtney Paz, City S cretary
APPROVED AS TO CONTENT:
13.4qdKostAich, Cfiii-efT—inweial Officer
APPROVED AS TO FORM:
May 9, 2023
Leisdre,-Senior Assistant City Attorney
ccdocs/RES.ServiceContract 17136 Repair and Maintenance for North Overton PIDs
4.19.23
Resolution No. 2023-RO225
Contract 17136
City of Lubbock
Repair and Maintenance for North Overton Public Improvement District (PID)
Agreement
This Service Agreement (this "Agreement") is entered into as of the 9 day of May 2023
("Effective Date") by and between West Texas Services dba Tom's Tree Place (the Contractor), and the
City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 23-17136-KM Repair and Maintenance for
North Overton PID 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 Repair and
Maintenance for North Overton PID, 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
3. Exhibit B — Best and Final Offer
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. The contract shall be for a term of one (1) year, with the option of four (4), one year extensions, said
date of term beginning upon formal approval. This Contract will renew automatically for the
additional terms, unless either Party gives 90-day written notice to terminate the Contract.
1.1 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.
1.2 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.
1.3 A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or
Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor, etc.
that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such
documentation to the City, and at the City's sole discretion, the contractual rate may be further
adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of
the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director
of Purchasing and Contract Management written, quarterly documentation to justify the ongoing
adjustment. If no such documentation is timely received, the rate will automatically revert to the
initial, awarded rate.
1.4 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 Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 At any time during the 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 document, this
provision shall control.
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 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.
2.14 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.
2.15 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.
2.16 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.
2.17 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.
2.18 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.
2.19 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.
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 L
BY:
Tray Payne, ayor
ATTEST: A !f �
Courtney Paz, `E''ity Secretary
APk#OVED AS TO CO NT:
Brianna Brown, Director of Business
Development
APP OVED AS TO FORM
— VA 4up�t'
Kell- Leisure, Senior Assistant City Attorney
rlLILL IN AllIC;
5'ic4.34
Address
Lo",6EIza511410
City, State, Zip Code
Exhibit A
WA VA 0 City of
Lub-b o & k
TEXAS
RFP 23-17136-KM
Repair and Maintenance for North Overton Public Improvement District (PID)
GENERAL REQUIREMENTS
1. INTENT
a) The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and
individuals, (hereinafter called "Proposer") to provide repair and maintenance services for the North
Overton development area.
b) Proposers are invited to submit demonstrated competence and qualifications of their firm for
providing these services.
c) The information contained within this document is intended to provide interested firms with the
requirements and criteria that will be used to make the selection.
2. SCOPE OF WORK
Guidelines are provided below which highlight unique conditions and recommendations for the repair
and Maintenance of North Overton development area. Repair and maintenance areas shall include but
are not limited to the following: Quarterly inspections, replacement of damaged plant materials,
irrigation and wells, structures, entrance signs, lighting, amenities, concrete and water features.
General Specifications for Repair and Maintenance Procedures should be used as a reference and guide
in preparing your proposals. The RFP committee, in reviewing the submitted proposals, will be looking
for a level of comprehensive maintenance and thoroughness as it pertains to the site and as detailed
within the scope of work.
3. DEFINITIONS
Agent — Business Development Representative who is appointed by the City to monitor the work
and actions of the contractor.
City - The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas.
City Council - City Council of the City of Lubbock, Texas.
Contract Time - The number of allowable days to complete the contract.
Contractor - The individual, firm, partnership, joint venture, or corporation contracting with the
City to perform work.
Damage — Damage caused by vandalism, pedestrians, vehicles, animals (except insects and/or
rodents), or other unusual factors.
Existing Conditions, Examination of Site — Within fifteen (15) days from the date of Award of
Contract, the contractor shall make a thorough examination of the current conditions of each Tract.
As part of the examination, the contractor shall create an inventory list of the name and quantity of
each plant in each planter and confirm the existing quantities in each planter meet or exceed those
shown on any previous plant inventories. The contractor shall make a list of all landscape items at
each Tract that he/she believes are broken, missing, not healthy or otherwise not in compliance with
these specifications. A copy of this list, along with an additional itemized quote for correcting each
item, shall be given to the Agent. Upon confirmation of each item, the Agent will either give the
contractor written authorization to make the correction or a written release from responsibility for
the item.
Extra Work - Work over and above that which is in the specified in scope of work.
Notice to Proceed - Written notice to the Contractor issued and signed by the authorized Agent
stating the date on which the Contractor should proceed with work as stated in the contract.
Pricing — Please note that the proposed pricing sheet ask for price for quarterly inspections and an
hourly rate for repairs and maintenance.
Specifications - The directions, provisions, and requirements pertaining to the method and manner
of performing the work or to the quality of the materials and equipment to be furnished under the
contract.
Subcontractor - Any individual, firm, partnership, or corporation licensed or otherwise authorized
by law to do business in Texas, to whom the Contractor, with written consent of the City, sublets a
part of the work.
4. REPAIR AND MAINTENANCE AREAS
Replace or repair if damaged by weather, car accidents, vandalism, or acts of God including, but
not limited to, the following:
Plant Materials
• Turf
• Seasonal plants
• Perennial plants
• Potted plants
• Trees
Irrigation and Wells
• Drip irrigation
• Sprinkler irrigation
• Backflow assemblies
• Water wells
• Irrigation and well pumps
• All associated parts
Structures
• Underground well pump chambers
• Pavilions
• Pergolas
• Statues
• Monuments
• Brick, mortar, and stone details
Entrance Signs
• Brick, mortar, and stone
• Lighting and photo cells
Lighting
• Pedestrian lighting
• String lighting
• Bollards
Amenities
• Trash Cans
• Pet Waste Stations
• Benches
• Signage
• Porch style swings
• Picnic tables
• Bike racks
• Sports court structures
• Fencing
Concrete
• Sidewalks
• Paths and walking trails
• Playground curbs
• Slabs under structures
• Slabs under amenities
• Drainage channels
• Curbing
Water Features
• Fountains
• All plumbing
5. TERMS AND CONDITIONS
5.1 Work: It is the intent for the Contractor to provide for completion in every detail the work
described herein. The Contractor shall provide all labor, tools, transportation, materials, and
equipment necessary to complete the work in accordance with specifications provided and
terms of the contract. The attached "Overton Park Right of Way Maintenance Map" is
provided for reference.
5.2 Specification Change: During the term of the Contract, the City may add or delete repair
and maintenance services. Or request unforeseen repairs to damages due to weather, care
accidents, or vandalism. All changes shall be in writing.
5.3 Changed Condition: If the City determines that the Contractor is entitled to extra
compensation by reason of increased expense to the Contractor and caused by the condition,
and finds that the condition requires work not covered in the contract, a change order may be
executed for additional compensation which shall be agreed upon by all parties involved.
Additional time may be granted if the City deems additional time is necessary to accomplish
the job. No change order or combination of change orders shall exceed twenty-five percent
(25%) of the total contract.
5.4 Clean-up: All work shall be cleaned up and waste materials removed from the site. No
equipment shall be left at maintenance sites and all material removed from the job shall be at
the Contractor's expense. If materials or waste are not removed from the site, written
notification from the Agent shall be delivered to the Contractor. The Contractor shall have
forty-eight (48) hours to remove the material in question. If the material in question is not
removed in the forty-eight (48) hour period, the City shall remove the material and the
Contractor shall be charged for the expense. Payment to the city for said expenses shall be
deducted for the Contractor's payment. If such conditions continue, the contract may be
terminated due to breach of contract.
6. CONTROL OF WORK
6.1 Authority of the Agent(s): It is understood by all parties that the work is to be done to the
satisfaction of the authorized agent(s). The Agent shall decide the classification, quality, and
amount of all work done and shall determine the amounts to be paid under the contract.
6.2 Authority of the Agent: The Agent or Agents will serve as an inspector(s). The Agent(s)
shall be allowed to inspect all work at any time. The Agent shall have the authority to
suspend any work pending a decision by the City.
6.3 Extra Work: Extra work being done by the Contractor without authorization through change
orders, or work which is not shown on the contract or specifications, shall be considered as
unauthorized work; and if performed shall be at the risk of the Contractor. The Agent
reserves all rights to refuse payment for such work.
6.4 Unauthorized Work: All work and/or materials which do not conform to the contract and
specifications, and work done contrary to written instructions of the Agent shall be done at
the expense of the Contractor. The Contractor may be ordered to remove or remedy such
work at its own expense. If Contractor damages adjacent property, the Contractor shall
remedy such property at its own expense.
6.5 Final Inspection: Final Inspection of the site shall take place by the Agent as soon as
possible after the completion of the project. If the project is completed in cycles, the project
shall be inspected after each cycle by the Agent. The Contractor shall be allowed to be
present at the examination. If the inspection reveals any defective work, the Agent may
require the work to be remedied before final acceptance is granted. All said remedies shall
be at the expense of the Contractor.
7. PROSECUTION AND PROGRESS OF WORK
7.1 Notice to Proceed: Notice to proceed shall be mailed to the Contractor by certified letter.
The Contractor shall have ten (10) working days from the day he receives the letter to actively
proceed with the work.
7.2 Assigning or Subletting the Contract: The Contractor shall not assign or sublet the
contract, or any portion of the contract, without written consent from Agent. The City's
permission to sublet any contract shall not be construed as making the City a party of such
subcontract. No subcontractor shall release the Contractor of its surety or its liability and
obligation to fulfill all transactions made under the contract. Should consent be given, the
Contractor shall insure the Subcontractor shall provide proof on insurance that complies with
all Insurance requirements.
7.3 Payment: The Contractor shall submit an invoice for work completed.
Exhibit B
City of Lubbock
RFP 23-17136-KM
Repair and Maintenance for North Overton PID
Price Proposal Sheet
Best and Final Offer
Tom's Tree Place
Location Lubbock, TX
Quantity
Required
Unit
Total
#
Items
(+/-)
UOM
Price
Cost
# 1-1
General (all other) Repairs per Hour
1
HR
$100
$100
#2-1
Electrical Repairs per Hour
1
HR
$150
$150
#2-2
Emergency Repairs (after hours / weekends)
1
HR
$225
$225
#2-3
Material Mark -Up Percentage
0
° 0
1004 0
#3-1
Irrigation Repairs per Hour
1
HR
$100
$100
#3-2
Emergency Repairs (after hours / weekends)
1
HR
$225
$225
#3-3
Material Mark -Up Percentage
0
° 0
1000/0
#4-1
Masonry Repairs per Hour
1
HR
$175
$175
#4-2
Emergency Repairs (after hours / weekends)
1
HR
$225
$225
#4-3
Material Mark -Up Percentage
0
%
100°%
#54
Plumbing Repairs per Hour
1
HR
$150
$150
#5-2
Emergency Repairs (after hours / weekends)
1
HR
$225
$225
#5-3
Material Mark -Up Percentage
0
%
100°%
#64
Concrete Repairs Per Hour
1
HR
$175
$175
#6-2
Emergency Repairs (after hours / weekends)
1
HR
$225
$225
#6-3
Material Mark -Up Percentage
0
%
100°%
#74
Water Well Repairs per Hour
1
HR
$175
$175
#7-2
Emergency Repairs (after hours / weekends)
1
HR
$225
$225
#7-3
Material Mark -Up Percentage
0
%
100%
Exhibit C
INSURANCE REQUIREMENTS
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.
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.
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: $1,000,000 occurrence / $2,000,000 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.
Commercial General Liability to include Products — Completion/OP, Personal and Advertising
Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one
person).
Automobile Liability Requirements: $1,000,000/occurrence is needed
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. Employer Liability ($1,000,000) is required with Workers
Compensation.
Pollution Liability Requirements: $500,000 occurrence / $ 1 M aggregate
• 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
1314Avenue K, 9t' Floor
Lubbock, Texas 79401
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.
Brianna Gerard[
Changed On Description Before After
01/30/2023 Geo Rules Caller Type None Submittal -Received
01/30/2023 Completed No Yes
01/30/2023
Complete Date
01/30/2023
Item Review Status ID
01/30/2023
Passed
01/30/2023
Submittal Status ID
Cheryl Brock
Changed On Description
01/27/2023
Member Name @ Row 3
01/27/2023
Geo Rules Caller Type
02/20/2023
Geo Rules Caller Type
02/20/2023
Completed
02/20/2023
Complete Date
02/20/2023
Item Review Status ID
02/20/2023
Passed
02/20/2023
Submittal Status ID
04/21/2023
Geo Rules Caller Type
04/21/2023
Completed
04/21/2023
Complete Date
04/21/2023
Item Review Status ID
04/21/2023
Passed
D. Blu Kostelich
Changed On Description
01/31/2023 Approved User ID
01/31/2023 Completed
01/31/2023 Complete Date
[none]
Under Review
No
Under Review
Before
Cherly Brock
None
None
No
[none]
Under Review
No
Under Review
None
No
[none]
Under Review
No
Before
[none]
No
[none]
01/31/2023 Item Review Status ID Under Review
01/31/2023 ItemReviewStatusName Under Review
1 /30/2023
Approved
Yes
Approved
After
Cheryl Brock
Submittal_ Received
Submittal Received
Yes Submittal-
Received
Approved
Yes
Approved
Submittal -Received
Yes
4/21/2023
Approved
Yes
Current Balance Cost of Good/Services Additional Info
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
$89,016.00
$100,000.00
Plan Submittal Item Review (Purchasing
Approval)
$89,016.00
$100,000.00
Plan Submittal Item Review (Purchasing
Approval)
$89,016.00
$100,000.00
Plan Submittal Item Review (Purchasing
Approval)
$89,016.00
$100,000.00
Plan Submittal Item Review (Purchasing
Approval)
$89,016.00
$100,000.00
Plan submittal text: (1/26/2023)
Current Balance Cost of Good/Services Additional Info
$89,016.00
$100,000.00
Plan(PUR-2023-17136)
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
$89,016.00
$100,000.00
Plan Submittal Item Review (Budget Director)
$89,016.00
$100,000.00
Plan Submittal Item Review (Budget Director)
$89,016.00
$100,000.00
Plan Submittal Item Review (Budget Director)
$89,016.00
$100,000.00
Plan Submittal Item Review (Budget Director)
$89,016.00
$100,000.00
Plan submittal text: (1/26/2023)
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
$89,016.00
$100,000.00
Plan Submittal Item Review (Budget Director)
$89,016.00
$100,000.00
Plan Submittal Item Review (Budget Director)
$89,016.00
$100,000.00
Plan Submittal Item Review (Budget Director)
$89,016.00
$100,000.00
Plan Submittal Item Review (Budget Director)
After
Current Balance
Cost of Good/Services
Additional Info
Kostelich, D. Blu
$89,016.00
$100,000.00
Item Review (Assistant City
Manager/CFOtree)
Yes
$89,016.00
$100,000.00
Item Review (Assistant City
Manager/CFOtree)
1/31/2023
$89,016.00
$100,000.00
Item Review (Assistant City
Manager/CFOtree)
Approved
$89,016.00
$100,000.00
Item Review (Assistant City
Manager/CFOtree)
Approved
$89,016.00
$100,000.00
Item Review (Assistant City
Manager/CFOtree)
April 26, 2023 Page 1 of 5
04/21/2023 Complete Date [none]
4/21/2023
$89,016.00
$100,000.00
Plan submittal text: (4/19/2023)
04/21/2023 Completed No
Yes
$89,016.00
$100,000.00
Plan submittal text: (4/19/2023)
04/21/2023 Workflow Status Started
Passed
$89,016.00
$100,000.00
Plan workflow step action text: (Create Final
Approvals)
04/21/2023 Plan workflow status change.
Final Approvals v.1 Approved
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
Jill MacDougall
Changed On
Description
Before
After
Current Balance
Cost of Good/Services
Additional Info
01/31/2023
Geo Rules Caller Type
None
Submittal —Received
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
01/31/2023
Plan Note added
$89,016.00
$100,000.00
Plan note text: (insurance requirements
approved)
01/31/2023
Completed
No
Yes
$89,016.00
$100,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
01/31/2023
Complete Date
[none]
1/31/2023
$89,016.00
$100,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
01/31/2023
Item Review Status ID
Under Review
Approved
$89,016.00
$100,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
01/31/2023
Passed
No
Yes
$89,016.00
$100,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
01/31/2023
Submittal Status ID
Under Review
Approved
$89,016.00
$100,000.00
Plan submittal text: (1/26/2023)
04/21/2023
Geo Rules Caller Type
None
Submittal —Received
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
04/21/2023
Plan Note added
$89,016.00
$100,000.00
Plan note text: (All required insurance
documents are attached)
04/21/2023
Completed
No
Yes
$89,016.00
$100,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
04/21/2023
Complete Date
[none]
4/21/2023
$89,016.00
$100,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
04/21/2023
Item Review Status ID
Under Review
Approved
$89,016.00
$100,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
04/21/2023
Passed
No
Yes
$89,016.00
$100,000.00
Plan Submittal Item Review (Risk Management
Coordinator)
04/21/2023
Submittal Status ID
Under Review
Approved
$89,016.00
$100,000.00
Plan submittal text: (4/19/2023)
Kiara Ramsey
Changed On
Description
Before
After
Current Balance
Cost of Good/Services
Additional Info
02/20/2023
Geo Rules Caller Type
None
Submittal —Received
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
02/20/2023
Workflow Status
Not Started
Started
$89,016.00
$100,000.00
Plan workflow step text: (Purchasing
Approval)
02/20/2023
Plan Submittal added
$89,016.00
$100,000.00
Plan submittal text: (2/20/2023)
02/20/2023
Start Date
[none]
2/20/2023
$89,016.00
$100,000.00
Plan workflow step action text: (Final
Purchasing Approval)
02/20/2023
Workflow Status
Not Started
Started
$89,016.00
$100,000.00
Plan workflow step action text: (Final
Purchasing Approval)
April 26, 2023 Page 3 of 5
01/26/2023
End Date
[none]
1/2612023
$89,016.00
$100,000.00
Plan workflow step action text: (Fleet
Services)
01/26/2023
Workflow Step General Reas
[none]
N/A
$89,016.00
$100,000.00
Plan workflow step action text: (Fleet
Services)
01/26/2023
Workflow Status
Not Started
Skipped
$89,016.00
$100,000.00
Plan workflow step action text: (Fleet
Services)
01/26/2023
Plan Submittal added
$89,016.00
$100,000.00
Plan submittal text: (1/26/2023)
01/26/2023
Start Date
[none]
1/2612023
$89,016.00
$100,000.00
Plan workflow step action text: (Budget
Director)
01/26/2023
Workflow Status
Not Started
Started
$89,016.00
$100,000.00
Plan workflow step action text: (Budget
Director)
01/26/2023
End Date
[none]
1/26:2023
$89,016.00
$100,000.00
Plan workflow step action text: (Facility
Management)
01/26/2023
Workflow Step General Rea:
[none]
N/A
$89,016.00
$100,000.00
Plan workflow step action text: (Facility
Management)
01/26/2023
Workflow Status
Not Started
Skipped
$89,016.00
$100,000.00
Plan workflow step action text: (Facility
Management)
01/26/2023
Assigned User ID
Alvarez, Marta
Gerardi, Brianna
$89,016.00
$100,000.00
Plan Submittal Item Review (Purchasing
Approval)
01/26/2023
End Date
[none]
1/26/2023
$89,016.00
$100,000.00
Plan workflow step action text: (IT director)
01/26/2023
Workflow Step General Reas
[none]
N/A
$89,016.00
$100,000.00
Plan workflow step action text: (IT director)
01/26/2023
Workflow Status
Not Started
Skipped
$89,016.00
$100,000.00
Plan workflow step action text: (IT director)
01/26/2023
Plan Submittal added
$89,016.00
$100,000.00
Plan submittal text: (1/26/2023)
01/26/2023
Start Date
[none]
1/26/2023
$89,016.00
$100,000.00
Plan workflow step action text: (Risk
Management Coordinator)
01/26/2023
Workflow Status
Not Started
Started
$89,016.00
$100,000.00
Plan workflow step action text: (Risk
Management Coordinator)
01/26/2023
Workflow Step General Reas
SKIP: ( By: Molly Ballesteros)
$89,016.00
$100,000.00
N/A
01/26/2023
Workflow Step General Reas
SKIP: ( By: Molly Ballesteros)
$89,016.00
$100,000.00
N/A
01/26/2023
Workflow Step General Reas
SKIP: ( By: Molly Ballesteros)
$89,016.00
$100,000.00
N/A
01/26/2023
Row 1 added to table Evalua
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
01/26/2023
Row 2 added to table Evalua
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
01/26/2023
Row 3 added to table Evalua
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
01/26/2023
Member Name @ Row 3
TBD
Cherly Brock
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
01/26/2023
Member Title @ Row 3
TBD
Director of Financial Planning & Analysis
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
01/26/2023
Geo Rules Caller Type
None
Submittal —Received
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
01/30/2023
Geo Rules Caller Type
None
Submittal —Received
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
01/30/2023
Assigned User ID
Alvarez, Marta
Kostelich, D. Blu
$89,016.00
$100,000.00
Plan Submittal Item Review (Assistant City
Manager/CFOtree)
02/01/2023
Attachment added
$89,016.00
$100,000.00
Attachment (PUR 17136 NO Repair Price
Sheet.xlsx)
02/01/2023
Attachment added
$89,016.00
$100,000.00
Attachment (PUR 17136 NO Repair Scope of
Work.docx)
02/01/2023
Geo Rules Caller Type
None
Submittal —Received
$89,016.00
$100,000.00
Plan (PUR-2023-17136)
April 26, 2023 Page 5 of 5
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
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.
2023-1009411
West Texas Services, Inc. DBA Toms Tree Place
Lubbock, TX United States
Date Filed:
04/19/2023
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:
04/24/2023
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.
17136
North Overton PID Repair and Maintenance
4
Name of Interested Parry
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Parry. ❑
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 V3.5.1.7bd706d4
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
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:
2023-1009411
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. DBA Toms Tree Place
Lubbock, TX United States
Date Filed:
04/19/2023
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.
17136
North Overton PID Repair and Maintenance
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is ► l 4 . �f� t berms �� r i and my date of birth is
My address is W QSc l__-d t � —6 boot -A �l-1
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct. edaly
Executed in lM "J►✓c)� ` County, State of X on theof "`^ . 201,�3
(month) (year)
r + r
LL
Signature of authorized agent of contracting business entity
(Declarent)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.7bd706d4