HomeMy WebLinkAboutResolution - 2011-R0273 - Contract - Mesa Pivot Irrigation - Center Pivot Replacement - 06_23_2011Resolution No. 2011-RO273
June 23, 2011
Item No. 5.8
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Contract No. 10077 for center pivot
replacement, by and between the City of Lubbock and Mesa Pivot Irrigation of Wilson,
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 23, 2011
TO MARTIN, MAYOR
ATTEST:
P,L� - -2K
Rebe ca Garza, City Secr t
APPROVED AS TO CONTENT:
Mark ' ar oo , Assistant City Manager
Chief Information Officer
APPROVED AS TO FORM:
AWeaver,ssistant City Attorney
vwxcdocs/RES.Contract-Mesa Pivot Irrigation
June 8, 2011
Resolution No. 2011-RO273
CONTRACT NO. 10077
CITY OF LUBBOCK, TX
CONTRACT FOR SERVICES
FOR
CENTER PIVOT REPLACEMENT
THIS CONTRACT, made and entered into this 23'd day of June, 2011, pursuant to a resolution
heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and
Mesa Pivot Irrigation of Wilson, TX ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Center Pivot Replacement for the
City of Lubbock and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock
has accepted such bid and authorized the execution in the name of the City of Lubbock a contract with
said Contractor covering the purchase and delivery of the said Center Pivot Replacement.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which specifications
and bid are attached hereto and made part hereof, Contractor will deliver to the City the Center
Pivot Replacement and more specifically referred to as Line items 1 thru 4 of the bid submitted
by the Contractor or in the specifications attached hereto.
2. The contract shall be for a term of 60 days, said date of term beginning upon formal approval.
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. Price adjustments may be allowed for "Pass Through" costs incurred
by vendor. Requests for price adjustments will be WRITTEN, and will include documentation
that substantiates additional costs. All requests will be received by the City 30 DAYS PRIOR
to a requested effective date for a price adjustment. Such adjustments must be acceptable to
both parties or the item(s) in question may be deleted from the contract with respect to further
orders, or the contract may be canceled and new bids solicited
3. This contract shall remain in effect until the expiration date, performance of services ordered,
or termination of by either party with a thirty (30) day written notice. Such written notice must
state the reason for cancellation. 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.
4. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or
hold itself out as, an agent or representative of City. In no event shall Contractor be authorized
to enter into any agreement or undertaking for or on behalf of City.
5. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City, 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 the 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 thirty (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.
6. The contractor shall obtain and maintain in full force and effect during the term of the contract,
commercial general liability coverage with insurance carriers admitted to do business in the
State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The
policies will be written on an occurrence basis, subject to the following minimum limits of
liability:
TYPE AMOUNT
Worker's Compensation Statutory
and
Employers Liability $500,000
Comprehensive Automobile $500,000
Combined single limit for Liability insurance, including bodily Injury and property
Coverage for loading and unloading per occurrence hazards, for:
or its equivalent.
a. Owned/leased vehicles
b. Non -owned vehicles
Commercial General Liability
Combined Single Limit: General Aggregate $1,000,000
The City of Lubbock shall be named a primary additional insured with a waiver of
subrogation in favor of the City on all coverage's to include Products and Completed
Operations. All copies of the Certificates of Insurance shall reference the project name or
bid number for which the insurance is being supplied.
7. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The
certificate will provide 30 days notice of cancellation, and under the cancellation section, 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" will be crossed out. A
copy of the additional insured endorsement attached to the policy will be included with the
certificate.
The contractor shall also maintain workers compensation insurance in the statutory amount.
If at any time during the life of the contract or any extension, the contractor fails to maintain the
required insurance in full force and effect, all work under the contract shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the
City to terminate the contract.
8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
9. This Contract consists of the following documents set forth herein; Invitation to Bid No. 1 I-
10077-DG, General Conditions, Specifications, and the Bid Form.
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:
Tom Martin, Mayor
ATTEST:
Reb ca Garza, Ci y Secr t
APPROVED AS TO CONTENT:
t- , C
Mark *earwoo , Chief In ormation Officer/
Assistant City Manager
APPROVED TO FORM:
Assistant City Attorney
CONTRACTOR:
BY v "
Authorized epresentative's Signature
Cam? C) 4S
Address
W i tso,A -FiC -�q-,�d j
City, State, Zip Code
Resolution No. 2011—RO273
IT5 Center Pivot Raptacement. Bid No. i 1 • i 4U'I-LC,
City of Lubbock, "Texas
Purchasing and Con(ract 11Managenient
131D FORM
In Colripliarice tt'illl thu Invitation to Hid I 1-10074-DG, zits undersigned Bidder hnt ins examined the Invitation to laid and
Specification., and being familiar with the conditions to he nict. hereby submits the following laid For `:'urnishinG the material,
equipittcnt. !abor and everything neco4san' for providing Ilse aetlia listed below and ag oes to deliver said items at the
€O:ationS .acid tut the pri:c , t forth on thi, form. I'lle Inkitanon to Bid I1-I007"-DG t,1 by retercnce incorporated in this
coutr l.a. flee Bid Form must be Completed in blue or !?Lick ink or by typewriter.
UNIT OF
E;;til f ExtcrnJeci
Delivery
! TFL1
()TY �0£ElSLRE
DESCRIPTION
PRICE.*
Cost
Days
t- -)
AID
AR'O**
W+
foot pivcst irrigation system (to replace No. F_51.
i
taittl ncty flow nietcr, located attvj'�n
land Appltea - , . Cc tin Spec €fications
ie ow, iticlUdltlg di5rnfiCSfling C7CI�ting,���
owl
circle. PLEASE SEE SPECIFICATIONS.
11
2.
7D9 FT
Purchase, Delivery, and Installation of a 709 foot
S
S
pivot irrigation aystcm (to replace No. L10) ,
�i
L4SE(r'jeA q,
^q�4E�q •
7-1
with new• flow meter, located at the Lubbock
Land Application Site, based on specificatioms
listed below, including dismantling existing
p
rLt;IEs
system aml moving to a location outside the
circle. PLEASE SEE SPECIFICATIONS.
3.
1284 Fr
Purchase, Delivery, and histallation of a 1,284
5
�
toot piv(]t irrigation system (to replace No, Lot
G-7'0t4Z . 1
l
I-I31 , with new flew [Hater, located at the
Lubbock Land Application -Wilson Site, baled oil
specifications listed below, including dismantling
Ct U)OLrr.
existing system and moving to it location outside
the ciri1c. PLEASE. SEE SP£CIFICA`I` 0:NS.
4
1354 FT
Purchase, Delivery. and Installation of 1,354
$
S
toot pivot irrigation sycte5n (to replace No. Lot
H 14) , Nvah new Ilow meter, located at die
Lubbock Land Application -Wilson Site, based on
specifications listed below, including dismantling
r�:carQ
existing system and moving to a location outside
J
the circle. PLEASE SEE SPECIFICATIONS.
5.
1474 FT f
Purchase, Delivery, and Installation of a 1,474
5 S
fret pivot irrigation system (to replac t, No. Lot
c 3 �� -15:q-3Z.
i 5
H24) . tOth new fluty' nicrer, located at the
r
Lubbock Land Application-Wi soi-, Site, based on
Ispecifications
listed below, including ciitimandiieg
-txlei r,
axi.fint SySti']n and inoving, ti, a location outside
I
i
1
.4 1. lei: ,t,. E i. ._!r _i
th ° ,•: ''1.�I� •+ASI•, C', I• .`sPVCfc If ,%'I'T'0NS
�
item or grow of itetns shown on the Bid Form.
"s.T
TOTAL $258, 651 - 36