HomeMy WebLinkAboutResolution - 2020-R0199 - Tom's Tree Place, North Overton PID Lighting - Contract 15305Resolution No. 2020-R0199
Item No. 7.12
June 23, 2020
RESOLUTION
1t1-` ifl' M S01.1`VD RY'l!'111:. CITY COUNCH! 01, T11li CITY OF 1<I.JIBHOCK,
11IA'1 the Mayce ofd a City of Lubboelk is hereby awhorixed and directed to e-mute
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11 M ftSLV, aj Mllated d n�'m Said Corltmt is" attached hereto and i"wg)QrmQd in this
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Resolution No. 2020-RO199
PUBLIC IMPROVEMENT DISTRICT LIGHTING SERVICES AGREEMENT
This Public Improvement District Lighting Services Agreement (tire "Agreement"), is by and
between the City of Lubbock, Texas, a State of Texas Home Rule Municipal Corporation (the
"City"), and West Texas Services, Inc., a State of Texas corporation doing business as Tom's Tree
Place, (the "Contractor") with the City and the Contractor (each a "Party," and collectively, the
"Parties") acting by and through the Parties' duly authorized officers and officials, and with this
Agreement becoming effective upon its execution on the 71rd day of Time , 2020 (the
"Effective Date").
RECITALS
WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for the creation
of public improvement districts; and
WHEREAS, on October 23, 2003 the City passed Resolution No.2003-R0468, which authorized
and created the North Overton Public Improvement District (tile "District"), and designated the
City as the entity responsible for the management of and provision of services and improvements
to the District; and
WHEREAS, certain public improvements within the District are in need of maintenance,
construction, or repair in order to promote the purposes of the District and to protect the health and
welfare of the residents within the District; and
WHEREAS, the Contractor has performed similar work within the District under previous
contracts with the City; and
NOW, THEREFORE, based on the previous work of the Contractor within the District, the City
wishes to enter into this Agreement with the Contractor for the Contractor's performance of the
installation ol'pedestrian lighting within the District according to the following terms:
AGREEMENT
Article I. Term & Termination
A. Beginning on the Effective Date, the lighting services contemplated under this Agreement shall
be provided by the Contractor to the City within six (6) months (the "Term"). At the end of the
Term, this Agreement will automatically terminate.
B. Either Party may terminate this Agreement forconvenience upon sixty(60) days'written notice
delivered to the other Party by registered mail.
C. In the event that any of the provisions of this Agreement are violated by either Party, the
violating Party will be deemed in default of this Agreement. The non -defaulting Party may
serve upon the defaulting Party a written notice specifying such default. If, within ten (10)
business days after receipt of the written notice of default, the defaulting Party takes no steps
to begin to correct such default, then the non -defaulting Party may terminate or suspend this
Agreement for cause. If either Party suspends this Agreement for cause, such suspension is
limited to a total of ten (10) cumulative days. All work performed under this Agreement prior
to the effective date of such termination or suspension shall be paid according to the terms of
nghang Services Agreement-Tam's Tree Place- North Overton PI01020 Pagel
this Agreement.
Article 2. Scope of Services & Fees
A. The Parties hereby agree that "Exhibit A" to this Agreement contains the complete scope of
services related to the installation of pedestrian lighting services contemplated under this
Agreement (the 'Scope of Services"). If any provision of the Scope of Services is in conflict
with a provision of this Agreement, the provision in this Agreement shall prevail.
B. The Parties hereby agree that the Contractor will charge the City an amount not to exceed
$82,800, as listed in the attached "Exhibit A for the Contractor's performance of the Scope
of Services.
C. The Scope of Services shall be performed by the Contractor solely within the District.
Article 3. Independent Contractor Relationship
In its performance under this Agreement, the Contractor shall act solely in the capacity of and as
an independent contractor, and not as an agent or employee of the City. The City shall have no
control over the Contractor's operations in connection with the Contractor's performance of the.
Scope of Services except as may otherwise be provided in this Agreement. In no way shall any of
the Contractor's employees or agents be considered agents or employees of the City.
Article 4. Insurance and Risk
A. Throughout the duration of the Term, the Contractor shall carry at least the minimum amount
of insurance required by the City for the Contractor's performance of the Scope of Services. If
the Contractor ever fails to prove that it has such required insurance coverage, the Contractor
will be considered to be in breach of this Agreement, and the City may initiate the termination
of this Agreement. Specifically, the Contractor shall:
1. Obtain and maintain commercial general liability coverage with insurance carriers
admitted to do business in the State of Texas, with such coverage having a Best's Rating
of A-VII or better, and with such coverage being written on an occurrence basis, subject to
the following minimum limits of liability:
a. General Liability $500,000
Includes C'on....=inl General Liability; Occurrence; General Aggregate; Products-Comp/Op AGG;
Personal & Adv. Injury; Contractual Liability
b. Automotive Liability $500,000
Includes: Combined Single Limit; Any Auto
c. Workers Canto. Statutory Amounts
2. Ensure that the City be named as additional insured on a primary and non-contributory
basis on automobile and general liability coverage, with a waiver of subrogation in favor
of the City on all coverages.
3. Ensure that all copies of any certificates of insurance shall reference the project name or
bid number for which the insurance is being supplied.
lighting Services Agreement -Toms Tree Place- North Overton Ple Zone Paget
4. Provide copies of all endorsements with the additional insured endorsement attached to the
policy.
5. Provide a certificate of insurance to the City as evidence of the coverage required under
this Agreement, with such certificate providing thirty (30) days' notice of cancellation and
showing the wording "endeavor to" and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representatives" being
crossed out.
6. Maintain workers compensation insurance in the statutory amount.
B. INSURANCE 6Y'DEAINITY. THE CONTRACTOR SHALL INDEMNIFY, PROTECT, DEFEND, AND
HOLD HARMLESS THE CITY AND THE CITY'S OFFICERS, ELECTED OFFICIALS, DIRECTORS,
AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM,
DAMAGE, OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT
OF OR RELATED TO THE CONTRACTOR'S FAILURE TO FURNISH AND MAINTAIN THE
INSURANCE COVERAGE REQUIRED BY THIS AGREEMENT. IN THE EVENT OF ANY SUCH
FAILURE, THE CITY MAY, IN ITS SOLE DISCRETION, FURNISH SUCH POLICY WITHOUT
PREJUDICE TO ANY OTHER REMEDY THE CITY MAY HAVE. THE COST AND EXPENSE. OF
FURNISHING AND MAINTAINING SUCH POLICY SHALL BE DEEMED AN OPERATING EXPENSE OF
THE CONTRACTOR PAYABLE AT THE CITY'S SOLE DISCRETION. THE FOREGOING SHALL NOT,
HOWEVER, APPLY TO CRIMINAL PENALTIES OR FRAUD COMMITTED BY THE CITY OR THE
CITY'S OFFICERS, DIRECTORS, OR EMPLOYEES. THIS PROVISION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT,
C. GENERAL INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, PROTECT, DEFEND, AND HOLD
HARMLESS THE CITY AND THE CITY'S OFFICERS, ELECTED OFFICIALS, DIRECTORS, AGENTS,
AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DAMAGE, OR
EXPENSE, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT OF OR
RELATED TOTHE CONTRACTOR'S PERFORMANCE OFTHESERVICES CONTEMPLATED UNDER
THIS AGREEMENT, NVHEFIIER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE
OF THE CONTRACTOR. THE FOREGOING SHALL NOT, HOWEVER, APPLY TO CRIMINAL
PENALTIES OR FRAUD COMMITTED BY THE CITY OR THE CITY'S OFFICERS, DIRECTORS, OR
EMPLOYEES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Article S. Miscellaneous
A. This Agreement is made solely for the benefit of the Parties, and no action or defense may be
founded upon this Agreement except by the Parties.
B. In no event shall either Party be deemed to be in default of any provision of this Agreement
for failure to perform where such failure is due solely to strikes, walkouts, civil insurrections
or disorders, acts t God, or for any other cause or causes wholly beyond the control of the
non -performing Party (a "Force Majeure"). In such eventuality, the non -performing Party may,
upon twelve (12) hours' notice to the other Party, request the temporary suspension of the
Scope of Services until the cessation of such Force Majeure.
C. The Parties understand and acknowledge that the funding of this Agreement is contained in
each Party's annual budget and is subject to the approval of each Party in each fiscal year. The
Lighting Serelces Agreement—Tom's Tree Place— North Overton PID 2020 Page
Parties further agree that should the governing body of any of the Parties fail to approve a
budget which includes sufficient funds for the continuance of this Agreement, or should the
governing body of any of the Parties fail to certify funds for any reason, then and upon the
occurrence of such event, this Agreement shall terminate as to that Party and that Party shall
then have no further obligation to the other Party. When the funds budgeted or certified during
any fiscal year by a Party to discharge its obligations under this Agreement are expended, this
Agreement may be terminated. The Party paying for the bus service contemplated under this
Agreement must make said payments from current revenues available to the paying Party.
D. This Agreement is subject to all present and future valid laws, orders, rules, ordinances, and
regulations of the United States of America, the State of Texas, the Parties, and any other
regulatory body havingjurisdiction over this Agreement. This Agreement shall be construed
and governed according to the laws of the State of Texas. The sole venue for any action,
controversy, dispute, or claim arising under this Agreement shall be in a court of appropriate
jurisdiction in Lubbock County, Texas exclusively.
E. Each Party reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief
in a court of competent jurisdiction. The City shall be subject to any arbitration process prior
to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
F. This Agreement is public information. To the extent, if' any, that any provision of this
Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq.. as amended, the
same shall be of no force and effect.
G. This Agreement is entered solely by and between, and may be enforced only by and among
the Parties. Except as set forth above, this Agreement shall not be deemed to create any rights
in or obligations to any third parties.
H. Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement.
I. This Agreement is not intended to, and shall not be construed to create, any joint enterprise
between or among the Parties.
J. The Parties expressly acknowledge that the Parties' authority to indemnify and hold harmless
any third party is governed by the Texas Constitution and any provision which purports to
require indemnification by either Party is invalid.
K. The Contractor warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the
Texas Government Code by verifying that it does not boycott Israel, and that it will not boycott
Israel during the term of this Agreement. Additionally, the Contractor acknowledges that Texas
Senate Bill 252 prohibits the City from entering into a contract with a vendor that is identified
by the Comptroller as a company known to have contracts with or provide supplies or service
with Iran, Sudan or a foreign terrorist organization.
nghting Services Agreement -Tom', T.. Plea- Nenh Oveaon Flo 2020 N,4
L. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified
by The Comptroller as a company known to have contracts with or provide supplies or service
with Iran, Sudan or a foreign terrorist organization.
M. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS
AGREEMENT IS IN ANYWAY INTENDED TO CONSTITUTE A WAIVER BY EITHER PARTY OF ANY
IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY TO THIS AGREEMENT MAY HAVE BY
OPERATION OF LAW. THE CITY RETAINS ALL OF ITS GOVERNMENTAL IMMUNITIES.
SIGNATURES
FOR THE CITY:
Y
DANIEL M. POPE, MAYOR
ATTEST:
Rebec Gaaa, City Secretal
ROVED AS TO C T:
Brianna Gerardi, Busi ess De elopment Director
APPROVED AS TO FORM:
lli Assistant City Attorney
FORTH CONTRACTOR:
AI y �CG l rc,, V,
Name ( inted)
Lighting Semites Agreement —Tom s Tree Place— North Overton PID 2020 Page
EXHIBIT A: SCOPE OF SERVICES AND FEES
Lighting Services Agreement-Tom's Tree Place- North Overton PID 2MO Page
L7,:M., t0�s
TREE PLACE
City Of Lubbock
P.O. Box 2000
Lubbock,TX.79401
Date 4/22/2020
Ordered By: Brandy Bass
PO Number: LED Lights For Overton
Home Telephone: (806) 775-2105
Mobile Telephone: (806)775.2105
Email: bbass@mail.ci.lubbock.tx.us
P R O P O S A L- Contract 14470-6
TTP Salesperson: Cole Jones
Tom's Tree Place
5104 34th Street Lubbock, Texas 79410
806.799.3677 - Voice 806.799.8743 - Fax
www.tomstreeplace.com
Quantity
Description
Comments
Size
Labor
Unit Cost
$105.00
Line Total
F$79,800.00
760
LED Lights For Overton Pedestrian Poles
2
Gate Lights Off University And GGB
Labor
$1,500.00
$3,000.00
_ _
Materials Total
_
$821800.0_0_
_
Installation Total
$0.00
Subtotal _
Tax @ 0.00%
$82,800.00
$0.00
Final Total
$82,800.00
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1011
Complete Nos. 1- 4 and 6 if there are interested panes.
Complete Nos. 1, 2.15, and 6 if there we no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2020-633497
Date Filed:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
West Texas Services, Inc. DBA Toms Tree Place
Lubbock, TX United States
2 Name of govern mental entity or state agency that isa parry tothe Contract for which the form is
being filed.
City of Lubbock
0611712020
Date Acknowledged:
06/17/2020
3 Provide the identification number used by the governmental entity 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.
15305
Landscape lighting
4
Name of interested Parry
City, State, Country (place of business)
Nature of Interest
(check applicable)
Controlling
Intermedlary
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is antl my date of birth is
My address is
(weal) (.Ay) (stale) (zlpmde) (.unlry)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County. Slate of ,on the _day of ,20_
(month) (year)
Signature of authorized agent of contracting business entity
(cecnn nu
Farms provided by Texas Ethics Commission www.erhicss cmw tx ue 11-j . to 1 anc»nw