HomeMy WebLinkAboutResolution - 2021-R0094 - Contract 15681 with Brandon Patschke 3.23.2021Resolution No. 2021-R0094
Item No. 6.9
March 23, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Service Contract No. 15681 for hay harvesting, by
and between the City of Lubbock and Brandon Patschke, 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 March 23, 2021
DANIEL M. POPE, MAYOR
ATTEST:
Reb ca Garza, City Sec to
APPROVED AS TO
Manager
APPROVED AS TO FORM:
X,-,
Rya Bro e, Assistant City Attorney
ccdocs/RES.Contract 15681 Hay harvesting
February 19, 2021
Resolution No. 2021-R0094
City of Lubbock, TX
Contract for
Hay Harvesting
Contract 15681
THIS CONTRACT made and entered into this 231ay of March 2021, by and between the City of
Lubbock ("City"), and Brandon Patschke, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Hay Harvesting and bids were received and duly
opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution,
in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Hay
Harvesting.
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 are attached hereto and made
part hereof, Contractor will deliver to the City, Hay Harvesting and more specifically referred to as Item one
on the bid submitted by the Contractor or in the specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work
provided for in this Contract and to complete and finish the same according to the attached specifications,
offer, and terms and conditions contained herein.
3. The contract shall be for a term of one year, with the option of four, one year extensions, 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. 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. 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.
4. Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City Council date of
formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the
effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever is most appropriate
for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be
based on either the local or national index average rate for all items. If agreement cannot be reached, the
contract is terminated at the end of the current contract period.
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.
6. 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.
7. Insurance Requirements
SECTION A. 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.
SECTION B. 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.
SECTION C. 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
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment
❑ To Include Products of Complete Operation Endorsements
SIONAL LIABILITY
C
AUTOMOTIVE LIABILITY
® Any Auto
❑ Scheduled Autos
❑ Non -Owned Autos
EXCESS LIABILITY
❑ Umbrella Form
GARAGE LIABILITY
❑ Any Auto
❑ All Owned Autos
❑ Hired Autos
COMBINED SINGLE LIMIT
General Aggregate $500,000
Products-Comp/Op AGG X
Personal & Adv. Injury X
Contractual Liability X_
Fire Damage (Any one Fire)
Med Exp (Any one Person)
General Aggregate
Per Occurrence $500,000
Each Occurrence
Aggregate
Auto Only - Each Accident
Other than Auto Only:
Each Accident
Aggregate
❑ BUILDER'S RISK ❑ 100% of the Total Contract Price
❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs
❑ CARGO
® WORKERS COMPENSATION — STATUTORY AMOUNTS OR $500,000
OCCUPATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILITY $500,000
JOTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases.
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except
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
1314 Avenue K, Floor 9
Lubbock, Texas 79401
SECTION D. 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.
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. The City 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.
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.
10. 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.
11. All funds for payment by the City under this contract are subject to the availability of an annual appropriation
for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of
Lubbock for the goods or services provided under the contract, the City will terminate the contract, without
termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation
made for the then -current year for the goods or services covered by this contract is spent, whichever event
occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be
accepted by the Contractor on 30 days prior written notice, but failure to give such notice shall be of no effect
and the City shall not be obligated under this contract beyond the date of termination.
12. 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 on insurance from the Subcontractor that complies with all
contract Insurance requirements.
13. 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.
14. TEXAS GOVERNMENT CODE SECTION 2252.152
The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii)
it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company
known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in
the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such
term in Section 2252.151, Texas Government Code.
15. 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 contact 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.
16. TEXAS GOVERNMENT CODE SECTION 2271.002
The Contractor warrants that it complies with Chapter 2271.002 of the Texas Government
Code by verifying that:
1. The Contractor does not boycott Israel; and
2. The Contractor will not boycott Israel during the term of the Agreement.
Pursuant to Section 2271.002, Texas Government Code:
"Boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in
Israel or in an Israeli -controlled territory, but does not include an action made for ordinary
business
purposes; and
"Company " means a for profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or any limited
liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent
company or affiliate of those entities or business associations that exist to make a profit.
17. 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.
18. INDEMNITY
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.
19. This Contract consists of the following documents set forth herein; Invitation to Bid No. 21-15681-RR,
Specifications, and the Bid Form.
-----INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first
above written. Executed in triplicate.
CITY OF LUB K
Daniel M. Pope, Mayor
APPROVED AS TO FORM:
Ry ,Ass slant tlty Attorn
CON CTOR p,
BY
Authorized Representat' e
I� ro'jon P44CL�e
Print Name
1190131 � 6-� Fm '
Address
TX 7903
City, State, Zip Code
City of Lubbock, TX
Purchasing and Contract Management
ITB 21-15681-RR
Hay Harvesting
Specifications
Scope: The City of Lubbock is seeking a contract for hay harvesting with one or more contractors.
Harvesting under this contract will be on an as needed basis.
No guarantee of Volume. The City of Lubbock does not guarantee any specific amount of
compensation volume, minimum or maximum.
SCOPE OF SERVICES: Cut bale and remove hay crops from the land application site, in a timely
manner. Work under this contract will be on an as needed basis. Farm Management will
determine how much hay harvesting services will be needed.
II. PRICING: Bidders must submit the percentage of the harvested crop they will retain as payment
for services rendered on a plot by plot basis.
III. REFERENCES: Supply a minimum of three references, which shall include the name and
address of the company, contact name, telephone number and type of service provided.
IV. TERM: The contract shall be for a term of one year, said date of term beginning upon formal
approval. The contract may be renewed for the option of four, one year extensions terms under
the same terms and conditions upon written agreement from both parties.
BID FORM
City of Lubbock, TX
Purchasing and Contract Management
Hay Harvesting
ITB No. 21-15681-RR
In compliance with the Invitation to Bid 21-15681-RR, the undersigned Bidder having examined the Invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material,
equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations
and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows
omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit
prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The
Invitation to Bid 21-15681-RR is by reference incorporated in this contract. The Bid Form must be completed in blue or
black ink or by typewriter.
ITEM
DESCRIPTION
Percentage Rate
Hay shall be cut, bale, remove and stack hay crop in close
Contractor %
proximity to the plots as designated by City personnel. Bids
+
will be evaluated on a percentage, which is most beneficial
to the City. Bidders must submit what percentage of the
harvested crop they will retain as payment for services
rendered.
1.
City of Lubbock %
/
Farm Management will determine when and how bay
harvesting is needed.
When reviewing hay yields from the past 6 years, harvester
retained from 1500-4000 bales. The main difference from
year to year is directly related to growing condition rainfall.
Work may be done at two different locations:
Lubbock Land Application Site @ 4602 ECR 6700, 4602 E. 191' Sheet, Lubbock, TX 79403 and Wilson
Farm@ 547 County Road X, Wilson, TX 79381
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by --item or on an all or -none basis for any
item or group of items shown on the bid.
The City of Lubbock is seeking a contract for with one or more contractors. In order to assure adequate coverage, the
City may make multiple awards, selecting multiple vendors to provide the products desired, If multiple awards are in
the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the
City, based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of —Q-_"b, net D calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will
be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or
after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City
within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date
of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event
occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone
else, including its most favored customer, for like quality and quantity of the products/services. does not include an element
of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2023-983996
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Brandon Patschke
Lubbock , TX United States
Date Filed:
02/1512023
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
15681
Hay harvesting
4
Name of Interested Parry
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATII�ION
My name is �(C•Vk//ni/ f/1,1 ,5(„� , and my date of birth is
My address is � (� F„ ` qD TX (J
(street) (city) (state) (zip code) (country)
I declare under penalty perjury that the foregoing is true and correct.
��o��f
✓y`� (( L Executed in {.-,vv'�K-t�t!/C_� County, State of N6LJ , on the /5-day of ! ��) , 2od��QQ[L.
(month) (year)
SHELIA D. MITCTexas
Notary Public, State of Texas
Notary ID# N 11.1 52024 Signature of authorized agent of contracting business entity
My Comnss on EON l i•1(Declarant)
vuua Piuvweu uy i exas cmics 1-ommisslon www.etmcs.state.tx.us Version V3.5.1.3ac88bc0
CERTIFICATE OF INTERESTED PARTIES
FORM 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
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2023-983996
Brandon Patschke
Lubbock , TX United States
Date Filed:
02/15/2023
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
03/20/2023
g
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.
15681
Hay harvesting
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0