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Resolution - 2023-R0250 - Contract 17222 with Tom's Tree Place 5.23.23
Resolution No. 2023-R0250 Item No. 5.11 May 23, 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. 17222 for the North Point Public Improvement District (PID) Annual Maintenance as per RFP 23-17222-YB, by and between the City of Lubbock and West Texas Services, Inc. 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 ATTEST: -rAU�� Cl"� CoWtney Paz, City Se retary APPROVED AS TO CONTENT: D. lu K stelich, Chie inancial Officer APPROVED AS TO FORM: May 23, 2023 OA&Uic elli Leisure, Senior Assistant City Attorney ccdocOl ES.ServiceContract 17222 North Point Public Improvement Annual Maintenance 05.12.23 Resolution No. 2023-R0250 Contract 17222 City of Lubbock North Point Public Improvement District (PID) Annual Maintenance Agreement This Service Agreement (this "Agreement") is entered into as of the 23rd day of May 2023 ("Effective Date") by and between West Texas Services, Inc. DBA Tom's Tree Place (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 23-17222-YB, North Point Public Improvement District (PID) Annual Maintenance 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 North Point Public Improvement District (PID) Annual Maintenance, 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 — Price Proposal Sheet 4. Exhibit C — Insurance Requirements Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B and Exhibit C attached hereto. Article 1 1.1 The contract shall be for a term of one (1) year, with the option of four (4), one (1) 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 Ply 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. -----INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. AS. OVED AS TO C TENT: Brianna Brown, Director, Business Development APPROVED AS TO FORM ALeisure, Senior Assistant City Attorney - S rort t. Print Ndme 510 4 Address -74 o City, State, Zip Code Exhibit A City of Lubbock RFP 23-17222-YB North Point PID Annual Maintenance GENERAL REQUIREMENTS 1. SCOPE OF WORK The Contractor shall provide the services that are specified in the specifications. The Contractor shall comply with all the applicable requirements set forth herein. GENERAL PROVISIONS 1.0 DEFINITIONS 1.1 Agent — An employee of the City of Lubbock, who is appointed by the City to monitor the work and actions of the Contractor. 1.2 City — The City of Lubbock, Texas, municipal corporation in Lubbock County, Texas. 1.3 City Council — City Council of the City of Lubbock, Texas. 1.4 Contract — The contract consists of the following: Notice to bidders; General Provisions; Specifications; Plans; Addenda; Bid; Agreement; Insurance; Encumbrance; Notice to Proceed; and Change Orders. These form the agreement whereby the Contractor shall furnish all labor, equipment, tools, materials, and perform all work necessary to satisfactorily accomplish the proposed plan, sponsored by the City. 1.5 Contract Time — The number of allowable days to complete the contract. 1.6 Contractor — The individual, firm, partnership, joint venture, or corporation contracting with the City to perform work. 1.7 Cycle — The period in which each service is completed once on the medians and the walking trail. 1.8 Director of Business Development — The individual who shall act on the City's behalf and appoint an Agent to ensure compliance with the contract requirements, such as but not limited to, acceptance, inspection and delivery. 1.9 Excluded Damage — Damage caused by vandalism, pedestrians, vehicles, animals (except insects and/or rodents), or other unusual factors. It does not include damage caused by the Contractor's actions, lack of reasonable care, pest damage (such as insects), diseases or plant loss due to lack of water caused by an irrigation system programming error, irrigation system breakage or irrigation malfunction. 1.10 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 at the site. 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 the site 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. 1.11 Extra Work — Work over and above that called for in the contract. 1.12 Mayor — The duly appointed official of the City of Lubbock, Texas, who is empowered by the City Charter to enter into a contract on behalf of the City. 1.13 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. 1.14 Review Committee — A committee chosen by the City of Lubbock, to analyze and recommend to City Council the best Contractor(s) to perform the tasks governed by the contract. 1.15 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. 1.16 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. 1.17 Surety — The corporation, partnership or individual, duly authorized and admitted to do business in Texas and licensed by the State of Texas to issue surety bonds, who is bound with and for the Contractor to assume legal liability for the faithful performance of the contract. 1.18 Unit Price — Payment to the Contractor based on a unit or portion of the work performed. 1.19 Work — All work, including the furnishing of staff, equipment, materials, and other incidentals necessary for the performance of the contract. All work will be in the public right-of-way per attached exhibit. 2.0 TERMS AND CONDITIONS 2.1 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 "North Point Map" indicates the completed landscaped areas. Bidders are to provide unit pricing that will be applied to landscaped areas completed and accepted for maintenance. Unit pricing should be separated out by area (Walking Trail, Medians, Signage, and Holiday Lighting). 2.2 Specification Change: During the term of the Contract, the City may change maintenance frequencies, thereby increasing or decreasing maintenance frequencies. Unit pricing will be used to determine cost adjustments. All changes shall be in writing. 2.3 Changed Condition: If the Contractor finds latent conditions which differ from those outlined in the contract or specifications which differ from customary work, and which the Contractor could not have discovered during the investigation of the site prior to the bid, and in which such condition increased the expense to the Contractor, immediate written notice shall be promptly mailed to the Director of Business Development or their Agent. The Contractor shall afford the City the opportunity to inspect the same. After inspection by the City, the Contractor shall not delay work pending a decision to be made by the City regarding the claim. Failure of the Contractor to give prompt written notice and afford the City the opportunity to inspect the condition, before it is disturbed, shall be deemed a waiver by the Contractor of all claims and extra compensation arising out of the alleged condition. If the Director of Business Development or the Agent determine that the Contractor is entitled to extra compensation by reason of increased expense to the Contractor and caused by the condition, and find 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 and approved by the Director of Business Development or their Agent. 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. 2.4 Clean-up: As specified in Exhibit B, 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. 2.5 Preservation and Restoration of Property: The Contractor is responsible for the preservation of all City owned and adjacent property owner lands of which the Contractor may come into contact with. The Contractor shall use every precaution necessary to prevent damage to trees, shrubs, above and below ground structures, utilities and any other form of property. Should damage occur, it is the Contractor's responsibility to report the damage to the Director of Business Development or their Agent as soon as possible but not exceeding twenty-four (24) hours from the time damage occurred. If damage occurs as a result of Contractor's actions, the Contractor shall be held responsible to repair or replace the damaged property at their own expense. Time required to repair damaged property shall be expedient and to the approval of the Director of Business Development or their Agent. If the damage is not repaired in the agreed upon time period, the City may after forty- eight (48) hours notice from the Director of Business Development or their Agent, proceed to repair the damage. The Contractor shall be held financially responsible for the repair work and the cost shall be deducted from the Contractor's payment. 2.6 Equipment: The Contractor shall provide everything necessary to fulfill the requirements of this contract. All equipment shall meet all applicable federal, state and local laws and regulations. Contractors' equipment is subject to inspection and approval of the Director of Business Development or their Agent. All manufacturers' safety features must be operational, in good repair and in proper positions during operation. All equipment shall be professional grounds maintenance quality and in good condition throughout the course of the contract. If the Director of Business Development or their Agent deems the equipment faulty or if the equipment is damaging the turf or other surfacing materials in any way, the Contractor shall remove the equipment from the premises. Contractor shall not impede other grounds maintenance operations during the course of those maintenance operations. 2.7 Service Boundaries: The service area may be bounded by hard surfacing materials, sidewalks, or non -curbed turf areas. The Contractor shall be responsible for all areas defined by turf or hard surfacing. However, the Contractor is not responsible for edging of un-curbed turf. Although the mowing Contractors are required to operate mowing equipment in a manner that directs the clippings away from plant beds, the nature of mowing equipment will at times allow some clipping debris to drop into planting areas. 2.8 Termination of Contract: This contract shall remain in effect until the expiration date for performance of services ordered. Termination of either party requires a thirty (30) day written notice prior to any cancellation. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next best bidder as it deems to be in the best interest of the City. 3.0 CONTROL OF WORK 3.1 Authority of the Director of Business Development: It is understood by all parties that the work is to be done to the satisfaction of the Director of Business Development or their authorized Agent(s). The Director of Business Development or their Agent shall interpret all specifications and shall determine the acceptability of all work. The Director of Business Development or their Agent shall decide the classification, quality, amount of all work done under the contract, shall be the sole administrator of payments, and his or her decision shall be final, conclusive and binding on all parties. 3.2 Authority of the Agent: The Director of Business Development may appoint an Agent or Agents to serve as an inspector. The Agent(s) shall be allowed to inspect all work at any time. The Agent shall not be allowed to alter, revise, add, or delete anything from the contract or specifications. An Agent's duties shall include keeping the Director of Business Development notified as to the progress of the job and the procedures involved in completing the job. The Agent shall call to the attention of the Director of Business Development and the Contractor any deviation of contract or specifications, but failure of the Agent or of the Director of Business Development to call to the attention of the Contractor any deviation of the contract or specifications shall not constitute acceptance of said work. The Agent shall have the authority to suspend any work pending a decision by the Director of Business Development. 3.3 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 Director of Business Development reserves all rights to refuse payment for such work. 3.4 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 or Director of Business Development 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. 3.5 Final Inspection: Final inspection of the site shall take place by the Director of Business Development or their appointed 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 Director of Business Development or their Agent may require the work to be remedied before final acceptance is granted. All said remedies shall be at the expense of the Contractor. 3.6 Laws and Regulations: The Contractor and any Subcontractor(s) shall at all times comply with all local, county, state and federal laws. The Contractor and any Subcontractor shall abide by all Labor Laws observed by the State of Texas. The Contractor shall comply with all federal, state and local Environmental Protection Laws, and regulations. The Contractor shall comply with all applicable federal, state and local laws and regulations regarding pollution of rivers, lakes, streams and other waters. The Contractor shall store, handle, use and dispose of chemicals, fuels, oils, greases and other materials in a manner that prevents them from entering surface or ground waters. Upon receipt of notice of noncompliance of environmental protection provisions, the Contractor shall take immediate corrective action at the Contractor's expense. If the Contractor fails or refuses to immediately take corrective action, the City may issue an order stopping all or part of the work until satisfactory corrective action has been taken. 3.6.1 Prior to any application of chemicals, the Contractor shall request, in writing, approval from the Director of Business Development or his Agent. The request shall include the target pest and the type of chemical(s) to be used. If permission is granted, all applications shall be performed through a Licensed Applicator, licensed by the Texas Structural Pest Control Board and/or the Texas Department of Agriculture. Upon completion of the operation, the Contractor shall provide to the Director of Business Development or their Agent, a copy of the Pesticide Application Documentation that the Contractor records pursuant to the requirements of the Structural Pest Control Board. 3.7 Advertising: Contractor shall not advertise or publish, without City's prior consent, the fact that the City has entered into this contract, except to the extent necessary to comply with proper request for information from an authorized representative or the federal, state or local government. 3.8 Citizen Contact: The Contractor is granted the privilege of doing work PID property, but does not have exclusive use of the property and must respect the activities of patrons while doing work on PID property. The Contractor shall take all precautions necessary to insure that adjacent property owners are not disturbed. 3.9 Identification and Character: Contractor's vehicles shall be marked with the Contractor's company name, on both sides and in lettering that is a minimum of two inches tall and of an easily read typeface. In lieu of lettering, Contractors may submit easily recognizable Company Logos for approval by the Director of Business Development. All employees of the Contractor shall have a name badge for identification, either clip on or incorporated with a uniform. This identification shall be worn at all times that the employee is at the job site. The Contractor shall provide uniforms of a different color than City employee uniforms. Uniforms may not be torn or ragged and shall present a professional appearance. Additionally, the Contractor will at all times require employees to remain fully dressed and will not allow employees to wear unbuttoned clothing while on City property. 3.9.1 The Contractor shall prohibit the use of intoxicating substances by its drivers and crewmembers while on duty or in the course of performing their duties under this Contract. 3.9.2 Employees driving the Contractor's vehicles shall at all times possess and carry a valid State of Texas Driver's License appropriate for the weight and type of vehicle being driven. Contractors are specifically required to ensure that a Texas Commercial Driver's License is obtained where applicable for the type(s) of vehicles in use. 3.9.3 The Contractor's employees, officers, Agents and Subcontractors shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees of the City of Lubbock. 3.10 Safety: The Contractor is responsible for maintaining a safety program that insures compliance with all current requirements of the Federal Occupational Safety and Health Act of 1970. The Contractor is responsible for safety on the project site and the City shall take no action to interfere with the Contractor's safety program. Failure to maintain compliant with this act shall be grounds for termination of the contract. 4.0 PROSECUTION AND PROGRESS OF WORK 4.1 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. 4.2 Contract Time: All work is schedule driven, therefore, the Contractor's work force and equipment needs shall vary throughout the contract's time period. The normal work schedule shall fall within the time frame of Monday through Friday 6:00 a.m. to 6:00 p.m. 4.3 Weekends, Holidays and Nights: Work on weekends, holidays, and nights shall be at the discretion of the Contractor. 4.4 Weather: Weather will affect the progress of grounds maintenance at times and Contractor shall recognize this and have a plan of action and/or resources available to proceed in an expedient manner. Should weather conditions alter schedules, the Contractor shall notify the Agent at the beginning of the next workday. It is the Contractor's responsibility to provide quality workmanship. If weather conditions prevent such quality, the Contractor shall suspend work and resume work as soon as weather allows. If the Agent or Director of Business Development finds that weather conditions are inappropriate for maintaining high quality work, they may notify the Contractor and suspend work. The suspension of work by the Agent or Director of Business Development shall not in any way allow the Contractor to find grounds for adjustments in contract time or provide for extra compensation. 4.5 Character of Work: All workers, supervisors, managers, and Subcontractor(s) employed by the Contractor shall be competent and careful workers skilled in their respective trades. The Director of Business Development or their Agent may remove from the work site any person employed by the Contractor who does not represent the City in a professional manner or does not follow the instructions given to him. If any person misconducts themselves, is incompetent, or negligent in the performance of their duties, they may be removed from the work site and shall not return until the Contractor receives written consent from the City's Representative. Should the Contractor continue to employ such individual to continue work under this contract, the City reserves the right to withhold payment and/or nullify the contract. 4.6 Assigning or Subletting the Contract: The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Business Development or his 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 or shall provide proof of insurance from the Subcontractor that complies with all Insurance requirements contained in paragraphs, 4.0-4.7, Indemnity Insurance. 4.7 Payment: The Contractor shall receive compensation for services provided for in the contract on a monthly basis. Upon the end of each month, during the contract period, the Contractor shall submit an invoice to the Business Development Director for 1/121h of the Annual Maintenance Cost. Any Extra Work shall be shown on the same monthly invoice and identified as "Extra Work." Extra Work billing should designate hourly labor cost, parts' materials costs and a description of the work performed. Payment shall be determined by the form included in this package as Exhibit C and approved by the Business Development Director. Specifications 1.0 Turf Maintenance Standards 1.1 General: Successful Contractors shall have ten (10) days from receipt of the Notice to Proceed to commence contract maintenance activities. The decision to end the maintenance season shall be made by the Director of Business Development or their Agent. The Contractor shall be notified of the City's decision by letter. 1.1.1 The areas to be serviced for each site include all turf areas in the right-of- way per the attached map. Contractor is responsible for safe and careful operation of mowing equipment around plant material and structures to prevent damage and to prevent clippings from contaminating shrub or color bed. 1.1.2 Contractor shall provide a maintenance schedule to the Director of Business Development or their Agent within fifteen (15) days from the date of Award of Contract and will notify the Director of Business Development or their Agent of any changes in the schedule prior to the schedule change. 1.2 Mowing: Mowing commencement and conclusion shall be at the discretion of the Agent(s) or Director of Business Development. Mowing frequency shall be determined by turf growth and occur up to once per calendar week, evenly spaced. Mowing costs are to be determined at a rate of twenty-nine (29) cycles per calendar year. Any cycles more than twenty-nine (29) shall be billed as Extra Work. Litter shall be picked up before any mowing occurs. Turf shall be cut at a height of two (2) inches; unless otherwise directed by the Director of Business Development or their Agent, clippings shall be bagged or recycled and all hardscapes shall be cleaned after each service. Mowing equipment shall be a reel mower or rotary. recycler. If and when the Contractor wants to raise the height above two inches they must first receive written approval from the Director of Business Development or their Agent. All equipment must be of appropriate size for each site and approved by the Director of Business Development or their Agent. Grass clippings cannot be blown into City Streets. 1.3 Edging: All sidewalks and curbs shall be edged to a depth of one inch which shall be performed concurrently with mowing operations. String trimmers or curb dressers may not be used for edging. Chemical edging is not permitted. 1.4 Trimming: All string trimming must be done to achieve a height uniform with the mowing height. Trimming must be performed around trees, plant beds, buildings, signs, fences, and any other plants or structures. All hard surfaces, sidewalks, streets, parking areas and street medians must be kept free of grass, weeds and debris. This task must be completed the same day the mowing is performed. The Contractor is responsible for protecting all trees and shrubs from string trimmer damage. 1.5 Fertilization/Pre-Emergence: Contractor shall be responsible for applying sufficient fertilizer to promote a green, healthy turf. At a minimum, the Contractor shall apply fertilizer as follows (maximum five pounds per acre per application): 1" Application (Pre -emergence): March 2"d Application (Fertilizer): April 3rd Application (Fertilizer): May 41h Application (Pre -emergence): August 51h Application (Fertilizer): September 1.6 Pesticide Application: Contractor shall be responsible for insuring that plant health and appearance is maintained by applying pre -emergent and post -emergent herbicides three times per year: I` Application: January Round -up — 64 oz/acre, Prodiamine 65 WDG — 21 oz/acre, LV-6 - 32 oz/acre 2°d Application: May Triplet — 48 oz/acre, MSM Turf — 2 oz/acre 3rd Application: September Prodiamine 65 WDG — 21 oz/acre, Triplet — 48 oz/acre If needed, the pesticide to be used shall be discussed with the Director of Business Development or their Agent and not applied until receipt of written approval. Without exception, the individual applying the pesticide shall be licensed by the Structural Pest Control Board, or any other applicable agency, for the specific category involved. The applicator shall also be required to follow manufacturer's recommendations for product usage and all applicable state and federal laws concerning pesticide applications, rinsate disposal and container disposal. 2.0 Tree Maintenance Standards 2.1 Trees shall be maintained in a healthy, vigorous growing condition, free from disease and large concentrations of pests. 2.2 Prune trees only to remove dead, diseased, broken, dangerous, or crossing branches, and as required below. Pruning of this type is a minor, non -reimbursable cost to be included as part of the regular maintenance. Prune in accordance with generally accepted standards for proper pruning. 2.3 Contractor shall discard all tree trimmings off -site using a legal method, and shall not place the debris in curbside receptacles or residential dumpsters. Any tree found to be dead or missing shall be replaced with plant material of identical species at the Contractor's expense, unless the loss was due to excluded damage. If the loss resulted from excluded damage, replacement will be paid for as extra work. Submit a quote for replacement within two weeks of the loss. Unless otherwise instructed by the Director of Business Development or their Agent, replacement trees shall equal the value of the tree size that died based upon the total caliper inch of that tree. (No more than $110 per caliper inch.) 2.4 Replacement trees shall be approved for size and appearance by the Director Business Development or their Agent prior to planting. 2.5 The cutting blades on pruning shears, clippers, blades, saws, etc. shall be sterilized after pruning each tree to minimize the possibility of spreading disease. When pruning trees known or suspected to be diseased, cutting blades shall be sterilized after each cut. Sterilize blades by dipping them in a solution of 1 part bleach and 9 parts water or heavily spray them with a disinfectant spray, such as Lysol. After dipping or spraying, wait 20 seconds before using again. 3.0 Irrigation Maintenance 3.1. Water Application & Scheduling: 3.3.1 It is the Contractor's responsibility to make sure that plants receive adequate water regardless of weather conditions. 3.1.1.1. It is the responsibility of the Contractor to conserve water and assure that all watering rules and regulations are followed. Any penalties, fines, or citations for watering ordinance violations shall be paid by the Contractor. 3.1.1.2. Irrigation shall be made by the use of the permanent irrigation systems. Failure of the irrigation system to provide full and proper coverage shall not relieve the landscape maintenance Contractor of the responsibility to provide adequate irrigation. It is the Contractor's responsibility to make sure that the irrigation system is maintained and operates properly. 3.1.2 The Contractor is responsible for the complete operation and maintenance of the irrigation systems, except as noted below. The Contractor shall examine the irrigation system for damage or malfunction weekly and shall report damage or malfunction to the Director of Business Development or their Agent in writing. If the Contractor fails to report the broken or malfunctioning irrigation system components within two weeks of the breakage or malfunction, the Contractor shall be responsible for all damages resulting from the broken irrigation system component. 3.1.3 Adjust watering times each week. Do not overwater plantings. Use multiple -start times and short run times to prevent run-off. Drip systems should be left on for sufficient time to allow for saturation of the root zone. Shorter runs with drip irrigation do not provide sufficient water penetration for healthy root development. Avoid multiple -start times with drip systems if possible. Do not allow run-off from any irrigation. 3.1.3 When breakdowns or malfunctions exist, the Contractor shall hand water, if necessary, to maintain all plant material in a healthy condition. If the irrigation repairs are major and need to be billed as additional work (see items that qualify for extra work as outlined below), the Contractor shall contact the Agent for authorization of work. Do not wait for approval to begin hand watering if it is required to save the plantings. 3.2 Irrigation System Scheduled Maintenance: 3.2.1 Each valve zone shall be observed for signs of damage on a weekly basis during the irrigation season. 3.2.2 The landscape maintenance Contractor shall maintain the irrigation system, including cleaning of filter screens and flushing pipes as needed, as part of this contract. 3.2.3 Drip irrigation systems need periodic flushing to remove sediment. When flushing is necessary, it shall be performed as part of this contract. Drip systems shall be flushed at least once a year. Open ends of drip lines and run for at least 15 minutes at full flow to flush. It may be necessary to install flush outlets in order to flush the drip system. 3.2.4 Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or gutters is not permitted. The Contractor shall immediately shut down the irrigation system and make adjustments, repairs, or replacements as soon as possible to correct the source of the run-off. 3.3 Irrigation System Repair: 3.3.1 The Contractor shall replace or repair, at the Contractor's expense, any irrigation components damaged by the contractor. Repairs shall be made within one week of the day the damage occurred. Any replacement of irrigation system components shall be made with materials of the same manufacturer and model as the original equipment. Substitutions of materials other than original equipment will be approved only when the original equipment has been discontinued and is no longer available for purchase at any location. The substituted equipment must be completely compatible with the original and must be approved in advance by the owner's authorized representative. 3.3.2 All repairs to the system shall be identical to the original installation, unless approved otherwise in advance by the owner's authorized representative. If a change to the installation will result in lower future maintenance costs, less frequent breakage, or an increase in public safety, request authorization to make the change from the owner's authorized representative. 3.2.3 When breakdowns or malfunctions exist, the Contractor shall hand water, if necessary, to maintain all plant material in a healthy condition. If the irrigation repairs are major and need to be billed as additional work (see items that qualify for extra work as outlined below), the Contractor shall contact the Agent for authorization of work. Do not wait for approval to begin hand watering if it is required to save the plantings. 3.3 Irrigation System Scheduled Maintenance: 3.3.3 Each valve zone shall be observed for signs of damage on a weekly basis during the irrigation season. 3.3.4 The landscape maintenance Contractor shall maintain the irrigation system, including cleaning of filter screens and flushing pipes as needed, as part of this contract. 3.3.5 Drip irrigation systems need periodic flushing to remove sediment. When flushing is necessary, it shall be performed as part of this contract. Drip systems shall be flushed at least once a year. Open ends of drip lines and run for at least 15 minutes at full flow to flush. It may be necessary to install flush outlets in order to flush the drip system. 3.3.6 Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or gutters is not permitted. The Contractor shall immediately shut down the irrigation system and make adjustments, repairs, or replacements as soon as possible to correct the source of the run-off. 3.4 Irrigation System Repair: 3.4.1 The Contractor shall replace or repair, at the Contractor's expense, any irrigation components damaged by the contractor. Repairs shall be made within one week of the day the damage occurred. Any replacement of irrigation system components shall be made with materials of the same manufacturer and model as the original equipment. Substitutions of materials other than original equipment will be approved only when the original equipment has been discontinued and is no longer available for purchase at any location. The substituted equipment must be completely compatible with the original and must be approved in advance by the owner's authorized representative. 3.4.2 All repairs to the system shall be identical to the original installation, unless approved otherwise in advance by the owner's authorized representative. If a change to the installation will result in lower future maintenance costs, less frequent breakage, or an increase in public safety, request authorization to make the change from the owner's authorized representative. 3.5 Contractor shall be responsible for insuring that plant health and appearance is maintained by applying corrective insecticides, fungicides or other pesticides as required to control pest populations. The pesticide application standards previously set forth in item 1.6 shall be adhered to. 3.6 Contractor shall be responsible for the disposal of all debris removed from beds and shall not place the debris in curbside receptacles or residential dumpsters. 4.0 Seasonal Flower Maintenance 4.1 Contractor shall replace flowers in flowerbeds around entrance signs to reflect seasonal colors. Flowers should be replaced four times per year: Spring (on or around February 1), Summer (on or around May 1), Fall (on or around October 1), and winter (on or around December. 5.0 Water Wells and Pump House Maintenance 5.1 Contractor shall maintain water wells to ensure they are in good working order and keep the pump house clean and orderly. 6.0 Backflow Assembly Maintenance and Testing 6.1 Contractor shall maintain and inspect all irrigation and water well backflow assemblies annually to ensure good working condition 6.2 Contractor shall test all irrigation and water well backflow assemblies every one or three years in accordance with City of Lubbock's Ordinance Sec. 28.10.053, in compliance with the Federal and State regulations regarding cross -connection and backflow prevention. 7.0 Trash Receptacles and Pet Waste Stations Maintenance 7.1 Contractor will be responsible for emptying all litter receptacles. The Contractor will provide trash receptacle liners to be placed in each receptacle after removal of litter and debris. Contractor shall be responsible for the disposal of litter and debris. Disposal shall be accomplished by delivery to the City of Lubbock Landfill or by placement in dumpsters belonging to the Contractor. No litter or debris shall be disposed of in residential dumpsters, curbside trash receptacles or those belonging to Commercial Businesses. 7.2 Contractor will be responsible for replacing the bags in the pet waste stations as needed to ensure each station holds the maximum amount of bags each week. 7.3 All receptacles shall be emptied twice per week. Agent could request additional frequencies for receptacle maintenance. Additional maintenance beyond the twice per week schedule shall be deemed as Extra Work. 8.0 Benches, Hardscape, and Concrete Maintenance 8.1 Contractor will be responsible for removing any litter or debris from around or inside the hard surface areas and hard surfaces shall be swept twice per week. Additional maintenance beyond the twice per week schedule shall be deemed as Extra Work. 8.2 Any litter or debris shall be removed from benches each twice per week. 8.3 Any damage or disrepair to the benches, hardscape, or concrete should be reported to the Agent as soon as possible by the Contractor. 9.0 Holiday Lighting 9.1 Contractor shall install, maintain, remove, and store white LED mini lights and extension cords. No bulb alternates will be accepted. 9.2 Lights shall be installed the week of Thanksgiving and removed on or before the first Monday in January. 9.3 The Contractor is responsible for: 9.3.1 Wrapping strands of Christmas lights around all median Elm tree trunks and canopies. 9.3.2 Ensuring no more than 1800 watts of connected load per 20-amp circuit. 9.3.3 Maintaining and repairing the lights as needed after installation — including assessing the lights to ensure proper design and performance twice weekly during the term of the contract and after inclement weather or at the discretion of the Agent. 9.3.4 Removing and packing the lights no earlier than January 1 st and no later than January 1 Oth —with lights operating only until the first Monday in January. 9.3.5 Providing for storage of all lights, extension cords, and timers when not in use. 9.3.6 Notifying Agent if strands are damaged or no longer usable, and need to be purchased for replacement. North Point Maintenance Map a U u JARVIS ST z TASCA z0 v ST z J a m 00 z z GRINNELL ST FORDHAM ST a 0 m z A 8 EMORV ST °0 HALL ST z LU a Q oG LUa a Q LEHIGH ST j z m m m �` a � a KEMPER ST z !; z 1: HARVARD ST O A w O z O CENTENN/A, ELEMENTAR JARVIS ST ITASCA ST �Q 0 O} HANOVER ST �,O z �p z 4J� P LU z � �G �o 3 < O z z a 8 MARSHALLST s C7 O f- z LEHIGH ST z KEMPER ST JARVIS ST G (TASCA ST /a k1ARVARD ST z GRINNELL ST FORDHAM ST QUEENS ST a tO CY z z PRINCETON ST O°e ERSKINE ST 1r� City of 0 PID Boundary Walking Trail N Council District 6 � 0 500 1,000 1,500 2,000 ...,. x,, „, ,,, e,„, H,,,..�,,,,, �,,, o,,,..� ,,•.. ,..� , . Lubbock School O Entrance Sign n Feet w-•��-.:�. -�- '-----Y�- w-• �--� ,`1M� MAwn a1+� 1 rn rn,n•+-M sal ~Y Tn-- - �-�Y-M TEIAS MPrhan LIGHTING SCHEMILE ,A%f&MY-1V%gXf * 3Ct"CW Qn afru ■ckLoh- mw4wrtOwn d A. .0 S M AREA B DETAIL " SCALE i=50*0 ' City of Lubbock, Specifications for North Holiday Lighting The 22 trees to be decorated are shown in red # Items City of Lubbock RFP 23-17222-YB North Point Public Improvement District (PID) Annual Maintenance Price Proposal Sheet Location Total Cost Quantity Required (+/-) UOM Tom's Tree Place Lubbock, TX $117,800.00 Unit Total Price Cost #0-1 Turf Maintenance - Per Specs 29 Cycles Annually $2,500.00 $72,500.00 #0-2 Fertilizer/Pre- Emergence - Per Specs 3 Annually $3,000.00 $9,000.00 #0-3 Pre -Emergent, Post -Emergent, & Pest Control - Per Specs 2 Annually $3,500.00 $7,000.00 #04 Tree Maintenance for 223 Trees - Per Specs I EA $3,000.00 $3,000.00 #0-5 Pesticide Application - Per Specs 3 Annually $1,000.00 $3,000.00 #0-6 Irrigation Maintenance - Per Specs 12 Monthly $750.00 $9,000.00 #0-7 Planting Median/Bed Maintenance - Per Specs 12 Monthly $500.00 $6,000.00 #0-8 Holiday Lighting Installation and Removal for 22 Trees I Annually $5,700.00 $5,700.00 #0-9 Seasonal Flower Maintenance - Per Specs 4 Annually $200.00 $800.00 #0-10 Water Wells and Pump House Maintenance - Per Specs 12 Monthly $75.00 $900.00 #0-11 Backflow Assembly Maintenance and Testing - Per Specs 3 Annually $100.00 $300.00 #0-12 Trash Receptacles and Pet Waste Stations Maintenance - Per Spe 29 Cycles $0.00 $0.00 #0-13 Benches, Hardscape, and Concrete Maintenance - Per Specs 12 Monthly $50.00 $600.00 VENDOR ACKNOWLEDGEMENT In compliance with this procurement, the undersigned offeror having examined the request for proposal, instructions to offerors, documents associated with the request for proposals, and being familiar with the conditions to be met, has reviewed the information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 • Federal and State Regulations • Master Agreement An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in proposal rejection. Authorized Signature . �ke_ ( karr-oh Print/Type Name Company Name Title t a-s� 1,-) 3 Date Address L(.a�x1c ggtc) City, State Zip Code Contact for questions, clarifications, etc. Name and Title: CLE, JoOF-S _ M,A 1c.1TFo1P,14C.F, SUPUe_Q Q Mailing Address: 5 (p,,.F y _0+ S- re-EE-T City, State, Zip: L,ue-6oc_ic_Tx• ^79 ti i o Telephone No: gpo -1-99 - 36-1-7 W 06-1-13-44L31 �L Fax No: E-Mail: C © \ LS Q A-o +vas 4-1-GL P [a C G • COAA 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 M occurrence / $2M aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. 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 Liabilitv Requirements: $1 M/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 M) is required with Workers Compensation. Pollution Liability Requirements: $500K occurrence /$1M aggregate. Bailee's Coverage Requirements: Bailee's Coverage is needed for this project. Minimum coverage limits should at least be equal to what it would cost to recreate, restore, or replace the property being entrusted to the contractor, including research. Bailee's Coverage Amount: $15,000. • 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, I 0-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, 91h 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. 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: 12023-1018230 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: 05/09/2023 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. 17222 North Point PID annual landscape 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. ❑ 6 UNSWORN DECLARATION C (_ My name is ` l� / �' J ��-� !7C7 ro L�--� and my date of birth is My address is f `e S (� P a . �- �Jb i� <✓lC �} L S (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. �[ Td'ay Executed in Q County, State of ' r ` on the of, 20 D2� (month) (year) n � 7 L Ali Signature of authorized agent of contracting siness entity (Declarant) Forms Drovided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.7bd706d4 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. 2023-1018230 West Texas Services, Inc. Lubbock, TX United States Date Filed: 05/09/2023 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: 05/17/2023 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 17222 North Point PID annual landscape maintenance Nature of interest 4 Party Name of Interested P City, State, Country lace of business ty, uY iP ) check applicable) � PP ) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 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) ......, ;A A h.. Tcrhi%AAAAA/ Pthinc Ctntp tx im Version V3.5.1.7bd706d4