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HomeMy WebLinkAboutResolution - 2024-R0294 - Contract 17887, With South Plains Communications - 06/25/2024Resolution No. 2024-R0294 Item No. 6.10 June 25, 2024 f7�.�1]-11i11-I1-[17►1 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, Contract No. 17887 for radio tower inspection, maintenance, and repair services, by and between the City of Lubbock and J.P. Jenkins, Inc. d/b/a South Plains Communications, of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on June 25, 2024 ATTEST: Courtney Paz, City Secreta I:���=:Z�]�/��7:[C�I��ZK�]��1�i1 . s Erik Rejino, Assistant City Manager APPROVED AS TO FORM: . •- A � s, Deputy City Attorney TRAY PAYN ., AY R RES.Contract-17887 JP Jenkins Resolution No. 2024-R0294 Contract 17887 City of Lubbock Radio Tower Inspections, Maintenance, and Repair Services Agreement This Service Agreement (this "AgreemenY') is entered into as of the25thday of ]une 2024 ("Effective Date") by and between J.P. Jenkins, Inc., dba South Plains Communications (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 24-17887-YB, Radio Tower Inspections, Maintenance, and Repair Services 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 Radio Tower Inspections, Maintenance, and Repair Services, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A— General Requirements 3. Exhibit B— Best and Final Offer 4. Exhibit C— Insurance Requirements Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B and Exhibit C attached hereto. Article 1 1.1 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. 1.2 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 funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 2.16 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. 2.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. 2.18 Confidentiality. The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 2.19 Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK CONTRACTOR J.P. Jenkins, Inc., dba South Plains Communications BY: 5�22- 2 APPROVE S T NTENT: � Greg Baier, .E. Int rim Director of Water Utilities APPROVED AS TO FORM Amy S' , Dcputy City Attorney Courtney Yaz, City Secretary Exhibit A City of Lubbock, TX RFP 24-17887-YB Radio Tower Inspections, Maintenance, and Repair Services Specifications GENERAL REQUIREMENTS 1.0 GENERAL 1.1 The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and individuals to provide service for the inspection, maintenance, and repair of multiple radio towers that provide data transmission for the Supervisory Control and Data Acquisition (SCADA) system. The towers are located throughout the City of Lubbock, areas outside the City, and the Bailey County water supply line located in Shallowater, Littlefield, Amherst, and Muleshoe, Texas. Additionally, the City owns elevated water storage facilities that require lighting, data radio, and antenna maintenance at the top of each tank. 1.2 Services for the radio towers include, but not limited to antennas, antenna cabling, data radio equipment, tower lighting, elevated water tank lighting, and associated equipment. The services needed are to maintain the integrity of the radio communication network for the City on an as needed and emergency basis. 1.3 The vendor shall have full capability to provide pricing estimates upon request, consultation regarding existing and future installation work, including product and installation recommendations, and shall have the expertise to fully engineer and install data radios and equipment. 1.5 The scope of work shall remain the same but may include additional structures and equipment that are included in future projects for the City of Lubbock. 1.6 Under the provisions of this contract, the vendor shall provide all labor, equipment, tools, vehicles, and industry standard safety gear to perform installation and repair work to the facilities and equipment described. 2.0 SCOPE OF WORK 2.1 SCHEDULED AS NEEDED The vendor shall take digital photos of overall tower conditions upon request, such as hatches, paint conditions, radio antennas, cabling, ladders, etc. Each photo shall have a caption indicating a description of the location and comments of the photograph. Tower site identification shall be included on each file. Vendor shall send digital photos to the City's representative by means of a CD, portable flash drive, or electronic mail within three business days of completion of the inspection. During the inspections, the vendor may discover deficiencies with the tower structures that require immediate repair. The vendor shall provide reasonable and fair market pricing estimates to perform these repairs. 2.2 Tanks and 1 or towers that may require service during the course of this contract include, but not limited to the following: • 79`�' & Slide Rd. — Lubbock, Tx — Radio Tower. � 3601 S.E. Loop 289 — Lubbock, Tx. — Radio Tower • 6001 N. Guava — Lubbock, Tx. — Water Tower, 142' high • 3 Miles West of Shallowater on US Hwy 84 — Radio Tower, 162' High • 3 Miles East of Littlefield on US Hwy 84 — Radio Tower, 132' High • Near Amherst on US Hwy 84 — Radio Tower, 152' High • 8 Miles West of Sudan on US Hwy 84 - Radio Tower, 172' High • Approximately 12 miles West of Muleshoe, Radio Tower, 300' High • 202 N. I-27 50 Ft High • 2950 E. 23�a St • 7310 Milwaukee SCADA Tower 50' High • 7310 Milwaukee Air Fiber Tower • 3094 Lake Alan Henry Rd., Justiceburg, Tx.79330 • Elevated Water Tank at 3rd & University, 155' High • Elevated Water Tank at 35�' & Ave. W, 144' High • Elevated Water Tank at 50`�' & Joliet, 180' High • Elevated Water Tank at 74�' & Genoa Ave., 129' High • Elevated Water Tank at 104�' & Milwaukee, 165' High • Elevated Water Tank at 87�' & Ave. P, I 50' High • Elevated Water Tank at Pump Station 12, located at 8808 Peach Ave. 2.3 The vendor shall coordinate with the City's representative to determine a priority listing of all equipment that need immediate repair or replacement. The City's representative shall approve proposed work in advance. Upon request, the vendor shall provide a written cost estimate for all labor, parts, and eyuipment to the City's representative prior to beginning any work. 2.4 The vendor shall prepare a priority list of recommended repairs for approval by the City's representative. Once approved, the vendor shall begin work to repair all items listed. 2.5 The vendor shall perform a full visual inspection of each tower or structure prior to performing any work on the structure to insure a safe ascent. Vendor shall note the condition of the structure and record any structural defects. All parties shall follow industry safety standards. 2.6 The City of Lubbock makes no guarantee of continuation of tasks. There will be periods of time when no work is required of the vendor. The vendor shall make reasonable effort to schedule requested work in a timely manner for the City. The City shall make reasonable effort to schedule work in advance to avoid scheduling conflicts with the vendor. 3.0 Emergency Repair 3.1 During the time this contract remains in effect, the vendor shall provide emergency repair services upon request by the City's representative. 3.2 When possible, performance of all work shall be during normal business hours, Monday through Friday between 8:00 A.M and 5:00 P.M. However, situations could arise that may require immediate assistance during nights, weekends, or holidays. Vendor shall maintain a commitment to provide repair services during the entire term of this contract. Regular and overtime rates shall be stated clearly in the bid and shall include all labor, truck, and equipment costs. The vendor is to submit quotes for replacement items, as needed. The vendor agrees that these stated charges shall apply when invoices are prepared. During the term this contract remains in place, response time of the vendor's staffed technicians shall not exceed two hours for service requests made after normal business hours, holidays, and weekends. 4.0 Safety 4.1 Vendor shall be responsible for maintaining a safe worksite. All workers on each crew shall adhere to safety practices using industry standards and OSHA requirements, as minimum. The Foreman of the crew may make additions or improvements to minimum safety standards if, in his opinion, the worksite will be safer by doing so. The vendor's company representative shall insure safe work practices are enforced. Failure of workers to follow safe work practices shall be cause for immediate dismissal from the job site. 4.2 City personnel that approach the job site shall adhere to the same standards as required by the crew performing the work. The Foreman of the crew shall have the authority to request all persons on the job site to adhere to these standards or vacate the job site. 4.3 Vendor shall ensure that all workers on the job site are free of substance abuse. If the vendor has strong suspicion that any of their employees are under the influence of drugs or alcohol, it shall be the responsibility of the Foreman to excuse the worker from further duty and disciplined according to the vendor's disciplinary procedures. If the City representative finds reasonable suspicion of drugs or alcohol use by the Vendor or their employees, the City representative shall bring the matter to the attention of the firm's owner immediately. All vendors shall submit information as to their respective company's substance abuse policy and 1 or random substance testing for their employees when bids close. 5.0 Job Cleanup 5.1 Upon completion of all work at each work site, the vendor shall remove all debris and rubbish. No trash or discarded materials of any type shall be buried or left anywhere on the property. 5.2 All empty containers shall be properly disposed of according to manufacturer recommendations. 6.0 Workmen Qualificallons 6.1 Persons well versed and talented in the art of tower maintenance and inspection shall perform all inspection and repair work. Vendor shall have a minimum of ten continuous years of experience with radio communication, tower erection, and removal, repair, installation of antennas and transmission lines, and tower electrical lighting systems. 6.2 All Foremen and workers shall maintain a positive and respectful relationship with City's representative(s). 6.3 All services performed shall comply with applicable codes, local and state policies, guidelines, and specifications. Vendor shall secure any required licenses or permits, as required by law. 6.4 Vendor shall maintain control and be responsible for their own tools, equipment, and vehicles. Theft or loss shall not be the responsibility of the City of Lubbock. 7.0 Site Access 7.1 City employees control access to City facilities. Where applicable, workers shall sign in before beginning daily work and sign out at the conclusion of daily work on a sign-in sheet. 7.2 Coordination of site access is with the City representative(s). The City representative shall provide access for the vendor by unlocking all necessary locks to allow the vendor sufficient access to perform requested work. The City representative is to lock and secure each facility at the end of each day. 7.3 Vendor shall notify the Water Utilities Control Room operators anytime they arrive or exit City facilities. The City shall provide contact phone numbers for appropriate City representatives to the successful vendor after execution of the contract. 8.0 Payment 8.1 Upon completion of each work assignment, the Vendor shall provide full disclosure statements of work completed and total invoice amount. Invoices shall accurately describe the correct location, materials expense, labor expense, and mileage expenses separately by line item and include a grand total for all work performed. 8.2 Within 30 days of invoice date, the City shall pay the invoice in full, barring any discrepancies. Questions or identiiication of discrepancies will be promptly resolved between the Vendor and the City's representative. City of Lubbock RFP 24-17887-YB Radio Tower Inspections, Maintenance, and Repair Services Price Proposal Sheet B:�FO Quantity Required Items (+/-) � . _ ........ .... _ _' . . � . k 1-I Monday - Fnday from (8:00 A.M. to 5:00 P.M.) - Per Specificauons 1 # 1-2 After Hour Rate - Per Specifications 1 # I-3 Weekend Hour Rate - Per Specifications � # I-4 Emergency/Holiday Hourly Rate - Per Specifications � � . - • - . _. . . #2-I Parts Mark Up Percentage (%) I � #3-I Mileage Rate- Per Specifications � Exhibit B J.F'. Jenins, Inc. dba South Plains Communications Location Lubbock, TX Total Cost $641.50 UOM HR HR HR HR EA MI Unit Total Price Cost :�.: . $ I 25.00 $125.00 $ I 25.00 $ I 25.00 $ I 87.50 $187.50 $ I 87.50 $187.50 _ ` $ I 5.00 $ I 5.00 � $1.50 $I.50 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 An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in proposal rejection. V. P. Operations Authorized Signature Title Matt Reid 03/26/2024 Print/Type Name Date J.P. Jenkins Inc., dba South Plains Communications 5811 34th Street Company Name Address Lubbock, TX 79407 City, State Zip Code Contact for questions, clarifcations, etc. Name and Title: Matt Reid Vice President, Operations Mailing Address: 5811 34th Street c�ty, state, Zip: Lubbock, Texas 79407 Telephone No: ($06) 795-5823 Fax No: E-Mail: mattreid@spcomm.tech Exhibit C 32. INSURANCE REQUIREMENTS 32.1.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 S��ALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. 32.2.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: $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 on a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automobile Liability Requirements: $1M occurrence is needed. Professional Liability Requirements: $1M occurrence/$2M aggregate. Workers Compensation and Emplover Liability Repuirements: 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. * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non- payment. * Carriers must meet an A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above. IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1314Avenue K, 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 1 of 1 Complete Nos.1- 4 and s 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 entiry filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2024-1173321 J.P. Jenkins Inc., dba South Plains Communications Lubbock, TX United States �ate Filed• 2 Name of govemmen ent�ty or state agency that is a party to the contract for which the form is 06/10/2024 being flled. 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 17867 Tower Maintenance 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION M name is a,i ►, , and m date of birth is y �'�� I�� v c�nIZI�I��7 . My address is ��0� ��v � , l..v. h+ �pG � , T�c , 7 6 Z T , ,U s. R. (street) (city) (state) (zip code) (country) I declare under penalty of pery'ury that the foregoing is true and correct. Executed in (_ulTOcc, ic- County, State of �C1�a j , on the �day of ch1YLP_ , 20�. (month) (year) i natur of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.bc.us Version V4.1.O.d378aba0 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1of1 Complete Nos. i- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. i, 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 entity's place Certificate Number: of business. 2024-1173321 J.P. Jenkins Inc., dba South Plains Communications 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 06/10/2024 being filed. Ciry of Lubbock Date Acknowledged: 06/10/2024 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. 17887 Tower Maintenance 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Parry. ❑ 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 faregoing is Vue and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entiry (DeGarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.O.d378aba0