HomeMy WebLinkAboutResolution - 2024-R0028 - Contract 17715, West Texas Services, Inc., Dba Tom's Tree Place, Bell Farms PID - 01/23/2024Resolution No. 2024-R0028
Item No. 6.2.2
January 23, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O�' 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. 17715 for annual maintenance
for Bell Farms PID playa lake and right-of-way fence sections as per RFP 24-17715-KM, 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 January 23, 2024
ATT ;ST:
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
D. Blu Kost ich, Chief • ncial Officer
APPROVED AS TO FORM:
elli Leisure, Senior Assistant City Attorney
ccdocslRES.ServiceContract 17715 Bell Farms PID Tom's Tree Place
12.27.23
Resolution No. 2024-R0028
Contract 17715
City of Lubbock
Annual Maintenance for Bell Farms PID Playa Lake Park and Row Fence Sections
Agreement
This Service Agreement (this "Agreement") is entered into as of the �day of .lanuary 2024
("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 24-17715-KM, Annual Maintenance for
Bell Farms PID Playa Lake Park and Row Fence Sections 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 Annual
Maintenance for Bell Farms PID Playa Lake Park and Row Fence Sections, 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 Reyuirements
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
1.1 The contract shall be for a term of one ( I) year, with the option of two (2), 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.
1.2 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.
1.3 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.
1.4 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.
1.5 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 �znds 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 properiy. 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.
:•
A P VED AS TO CON .
L�
Brianna Brown, Director of Business
Development
5104 34th Street
Address
Lubbock, TX 79410
City, State, Zip Code
APP OVED A TO FORM
►
Ke li Leisure, Senior Assistant City Attorney
Courtney Paz, City Secretary
Exhibit A
City of Lubbock, TX
RFP 24-17715-KM
Annual Maintenance for Bell Farms PID Playa Lake Park and Row Fence Sections
GENERAL REQUIREMENTS
1. 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.
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, Examinallon 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 fumishing 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. 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
"Bell Farms Asset Map" indicates the Playa Lake Park, Basin Park, and
fencing sections of right-of-way areas for the landscape to be maintained.
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 (Playa Lake Park, Basin Park, and ROW Sections). The City of
Lubbock reserves the right to add or remove areas of work to the contact at
any time. All changes shall be in writing.
2Z 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°/0) 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 from the Contractor's payment. If such conditions
continue, the contract may be ternunated 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 properiy 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. The 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 Susiness ❑evelopment: 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 re�use 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 requests 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 on 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 properly 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 speciiically 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 compliance with this act shall be grounds for termination of the
contract.
4. INDEMNITY INSURANCE
4.1 Contractor shall indemnify, hold harmless, and defend the City of Lubbock, its
officers and employees from and against any and all liability or alleged liability
without fault and liability by viriue of the obligations that the City of Lubbock
assumes toward its indemnity(s) insofar as applicable to this Contract or the work
to be performed hereunder and including cost of suit, attorneys' fees, and all other
related costs and expenses of whatever kind or character arising directly or
indirectly from any cause whatsoever in connection with or incidental to this
Contract or the work to be performed hereunder, including such injury or harm as
may be caused in part by any neglect, act, or omission of the City, its officers and
employees, excepting only such injury or harm as may be caused solely by an act
or omission of the City, its officers and employees. Notwithstanding the foregoing,
the Contractor specifically agrees to so indemnify, hold harniless, and defend the
City from and against any and all such liability, suits, action, legal proceedings,
claims, or demands that may be made or pursued by an employee of Contractor, or
of any Subcontractor, or materialsman, or anyone acting on behalf of Contractor in
connection with or incidental to this Contract which are alleged to be attributable
to any condition of or upon the City's property facilities, materials, or equipment,
including where such condition and resulting injury or harm is caused in part by
any negligent act or omission of City, its officers and employee, but excepting only
such injury or harm as may be caused solely by an act or omission of City, its
officers and employees. Contractor agrees to waive any and all claims and suits
covered by this indemnity agreement and agrees that any insurance carrier involved
shall not be entitled to subrogation under any circumstance against City, its officers
and employees.
4.2 The Contractor shall secure and maintain insurance for the duration of the contract.
Proof of the Contractor's liability insurance shall be provided prior to receipt of a
signed contract. The following insurance is required:
Commercial General Liability Requirements: $1M occurrence /$2M aggregate
Can be combined with an Excess Liability to meet requirement. Commercial
General Liabiliry 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 M/occurrence
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 Purchasin� and include a copy of their driver's license.
Employer Liability: $1M is required with Workers Compensation
Pollution Liability Requirements: $SOOK occurrence 1$1 M aggregate
4.3 All policies or certificates shall also contain the following endorsements:
4.3.1 Additional named insured wording which includes the Contractor,
Subcontractors, and the City of Lubbock with respect to general liability
and automobile liability.
4.3.2 All liability policies shall contain cross liability and severability of interest
clauses.
4.3.3 A waiver of subrogation in favor of the City of Lubbock for all types of
insurance coverages.
4.3.4 The policy shall be endorsed to require the insured to immediately notify
the City of Lubbock of any changes in the insurance coverage.
4.4 All insurance shall be purchased from an insurance company that meets the
following requirements.
4.4.1 A Best financial grading of A:VII or better
4.4.2 Licensed and admitted to do business in the State of Texas and is a
subscriber to the Texas Guaranty Fund.
4.5 All insurance must be written on forms filed with and approved by the Texas State
Board of Insurance. Certificates of insurance shall be prepared and executed by the
insurance company or its authorized Agent and shall contain provisions
representing and warranting the following:
4.5.1 The company is licensed and admitted to do business in the State of Texas.
4.5.2 The company's forms have been approved by the Texas State Board of
Insurance.
4.5.3 Sets forth all endorsements as required above.
4.6 The City of Lubbock shall receive at least sixty (60) calendar days notice prior to
cancellation or termination of insurance.
4.7 The Contractor shall understand and agree that they are an independent Contractor
and that they are not an employee of the City, and that the City will not provide
Worker's Compensation, health or accident insurance, general liability insurance,
or any other form of insurance coverage of any kind which would cover the
Contractor or their employees, if any, in and under the terms of the gid.
S. CONTRACT TERM
5.1 The term of the contract shall be until April 12, 2026, unless terminated or extended
in accordance with the provisions of this contract.
fi. PROSECUTION AND PROGRESS OF WORK
6.1 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.
6.2 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.
6.3 Weekends, Holidays and Nights: Work on weekends, holidays, and nights shall
be at the discretion of the Contractor.
6.4 Weather: Weather will affect the progress of grounds maintenance at times and
the 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.
6.5 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.
6.6 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.
6.7 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 the monthly cost of maintenance. Any Extra Work shall be shown on
the same monthly invoice and identified as "Extra Work." Extra Work billing
should designate hourly labor cost, partslmaterials costs and a description of the
work performed. Payment shall be determined by the form included in this package
as Bid Table and approved by the Business Development Director.
EXHIBIT B
II 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 iifteen (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
deternuned by turf growth and occur up to once per calendar week, evenly spaced.
Mowing costs are to be deternuned 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 Chemical Application: Contractor shall be responsible for applying sufficient
fertilizer and pre-emergenUpesticide to promote a green, healthy turf. The
Contractor shall apply chemicals as follows:
l s� Application (Pre-emergencelpesticide): March
2"a Application (Fertilizer): April
3`d Application (Fertilizer): May
4�' Application (Pre-emergencelpesticide): August
5�' Application (Fertilizer): September
If needed, the chemical 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.
2.4 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.)
2.5 Replacement trees shall be approved for size and appearance by the Director
Business Development or their Agent prior to planting.
2.6 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 Standards
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.
3.1.4 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 pernutted. 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.
3.3.3 The Contractor shall check the entire irrigation system weekly for items
such as dry spots and missing or malfunctioning irrigation components.
Check for leaking valves, water running across sidewalks, water standing
in puddles, or any other condition which hampers the correct operation of
the system or the public safety. The Contractor shall carefully observe plant
materials for signs of wilting, indicating a lack of water. Plants which die
due to irrigation failure will be considered to have died due to the
Contractor's negligence and shall be replaced at the Contractor's expense.
3.3.4 Plastic sprinkler nozzles with bad patterns shall be replaced with new
nozzles of the same gallonage and arc as part of the regular maintenance of
the sprinkler system. Do not attempt to clean plastic nozzles by sticking
knife blades or wire into the openings. The plastic will be scratched and the
pattern will be ruined. Brass nozzles may be carefully cleaned if needed.
3.3.5 The Contractor shall inspect and test all components and zones in the
irrigation system monthly and shall reset zone times according to seasonal
evapotranspiration changes. Minor adjustments and repairs such as head-
emitter cleaning or replacement, filter cleaning, small leaks and minor timer
adjustments shall be made by the Contractor. During weekly maintenance,
the Contractor will note and report to client any symptoms of inadequate or
excessive irrigation, draining problems, etc.
3.3.6 Repairs of irrigation system beyond the above scope will be charged as
Extra Work at an hourly rate per person plus parts. Contractor shall bill the
City for parts according to the current Manufacturer's List Price or a
discount thereof. The Contractor will notify the Director of Business
Development or their Agent of the nature of the problem and request
permission to execute repairs before the work has begun.
4.0 Landscape and Graveled Area Maintenance Standards
4.1. Plants and shrubs shall be maintained in a healthy, vigorous growing condition, free from
disease and large concentrations of pests.
4.2. Prune plants and shrubs to remove damaged, diseased, or dead stems or foliage and to
promote uniform growth patterns. Unless otherwise specified, they shall not be pruned
into ball or box shapes. Plantings should be pruned as required to keep them within the
bed area or to control their vertical ascent.
4.3. Contractor shall be responsible for applying sufficient fertilizer to promote a healthy,
green tur£ Contractor shall insure that fertilizer residue is removed from foliage and shall
apply sufficient water to incorporate the fertilizer into the soil.
4.4. 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 1.5 shall
be adhered to.
4.5. 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.
4.6. Contractor shall be responsible for the disposal of all debris and removal of weeds from
the graveled areas of the parks and shall not place the debris in curbside receptacles or
residential dumpsters. Graveled areas shall be raked as needed.
4.7. Contractor is responsible for installing mulch in playground fall zone area three times per
year. City of Lubbock will provide the mulch.
5.0 Right-of-Way (ROW) Maintenance Standards
5.1. Contractor shall be responsible for weed shredding, mowing, and maintaining the ROW
in accordance with local Code Enforcement Ordinances, the ROW areas in and around
Fence lines A and B in the attached map.
5.2. Contractor shall be responsible for the disposal of all debris removed and shall not place
the debris in curbside receptacles or residential dumpsters.
6.0 Water Wells and Pump Chamber Maintenance
6.1. Contractor shall maintain water wells to ensure they are in good working order and keep
the pump chambers clean and orderly.
7.0 Backflow Assembly Maintenance and Testing
7.1. Contractor shall maintain and inspect all irrigation and water well backflow assemblies
annually to ensure good working condition
7.2. 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.
8.0 Trash Receptacles and Pet Waste Stations Maintenance
8.1. 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.
8.2. 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.
8.3. 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.
9.0 Benches, Hardscape, Entrance Sign, and Concrete Maintenance
9.1. 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.
9.2. Any litter or debris shall be removed from benches each twice per week.
9.3. Contract will be responsible for removing any litter, debris, or graffiti from around or on
the Loop 88 Entrance Sign. Additional maintenance shall be deemed as Extra Work.
9.4. Any damage or disrepair to the benches, hardscape, or concrete should be reported to the
Agent as soon as possible by the Contractor.
10.0 Lighting Maintenance
10.1. Contractor will be responsible for maintaining all lighting including, but not limited to,
pedestrian and string lights. Additional maintenance beyond replacing light bulbs and
weekly inspection for damage shall be deemed as Extra Work.
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Exhibit B
�� 1rV111�
TREE PLACE
tomstreeplace.com
December 18, 2023
Kiara Morgan, Buyer IV
City of Lubbock
Purchasing and Contract Management
P O Box 2000
Lubbock, Texas 79457
RE: Best and Final Offer for RFP 17715-KM
VIA: Email
Kiara,
Attached is our Best and Final Offer for RFP 24-17715-KM Annual Maintenance for Bell
Farms PID Playa lake Park and ROW Fence Sections.
If you have any questions please feel free to contact me or Cole Jones his email is:
ColeJ @tomstreeplace.com.
Sincerely,
�
�
Alex Scarborough
President
Tom's Tree Place
City of Lubbock, TX
RFP 24-17715-KM
Annual Maintenance for Bell Farms PID Playa Lake Park and Row Fence Sections
BAFO
Tom's Tree Place
Location Lubbock, TX
Total $222,950.00
#
Items
Quantity
Required
(+1-) UOM
Unit Total
Price Cost
#1-1
#1-2
#1-3
Mowing/EdginglTrimming
Pre-Emergent/Pesticides
Fertilizer Cost
#2-1 Cost of Tree Maintenance
29 Cycles $3,750.00 $108,750.00
2 Biannually $3,500.00 $7,000.00
3 Triannully $4,500.00 $13,500.00
. - T� , . �
12 Monthly $1,000.00 $12,000.00
� - • 1 ��:'.�- .
#3-1 Irrigation Maintenance 12 Monthly
#3-2 Materials Cost, Percent Discount from %
Manufacturer's List Price
' � ^�;�;r ��t�ra.`:n_: w�.�.u.; -.'�� � �" � • ti�
#4-1 Maintenance Cost 12 Monthly
#4-2 Playground Mulch Installation 3 Criannually
,. .��,e. ��:�=;�..� � -
�„
#5-1 Maintenance Cost of ROW Maintenance 29 Cycles
! A ••,' � , - ... .:�j;r7r ,• " 1 . �'jl���• • ,�)` ��� . .
#6-1 Cost per Inspection 12 Monthly
,, ; ]17tx; ..` � � o�
#7-1 Cost per Assembly Test 2 EA
#7-2 Cost for Device Miantenance 2 Annually
: p'X�f:+�f�:.:_ ' ,_��,�'�l ' . � • i �i
#8-1 Recepticals - Rate per Week for 52 Weekly
Emptying 8 Trash Cans Twice per Week
$750.00 $9,000.00
0%
$1,000.00 $12,000.00
$600.00 $1,800.00
$1,500.00 $43,500.00
$150.00 $1,800.00
$150.00
$150.00
$300.00
$300.00
$250.00
$13,000.00
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):
Cmnmgrciai Gcner�l Li�bilif� Reguirements: $1M 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 Reauirements: $1 M/occurrence is needed
Workers Comnensation and Em�loyer Liabilitv Reauirements: Statutory. Ifthe
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.
Pfllln'nn Lia�ilitv R�Q��ments: $SOOK 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 �
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 certifcate 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
msurance;
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, 9�' 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 FORnn 1295
iori
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
1 Name of business entity filing form, and the city, state and country of the business entiry's place Certificate Number:
of business. 2023-1104554
Toms Tree Place
Lubbock, TX United States �ate Filed:
2 ame of governmenta entity or state agency t at is a party to the contract for which the form is 12/14I2023
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.
RFP24-17715-KM
Annual Maintenance for Bell Farms PID Playa Lake Park and ROW Fence Sections
4 Nature of interest
Name of Interested Party Ciry, State, Country (place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is �� � � � ���-� � �C,� �-���� . and my date of birth is - � � � � �
My address is � V l.� 1 � i'�SGt., tl��� , 1,�,�.�f }��,+L�� -- —� �, I�i )� , ,S�i .
(streeq (city) (s�ate) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct. ��
Executed in ���Q� Counry, State of , on the 1� day of �J��-- , 20��
(month) (year)
l � '-L.'� � L �4�--�" � � �
Signature of authorized agent ot contracung busin s enuty
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.Of381ab6
CERTIFICATE OF INTERESTED PARTIES
FORnn 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entiry's place Certificate Number:
of business. 2023-1104554
Toms Tree Place
Lubbock, TX United States �ate Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/14/2023
being filed.
City of Lubbock Date Acknowledged:
12/20/2023
g Provide the identification number used by the governmental entiry or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP24-17715-KM
Annual Maintenance for Bell Farms PID Playa Lake Park and ROW Fence Sections
4 Nature of interest
Name of Interested Party City, State, Country (place of business) (check appticable)
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 penalry 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.Of381ab6