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Resolution - 2013-R0113 - Contract - Circle R Lawn And Sprinkler - Hay Harvesting - 04_11_2013
Resolution No. 2013-RO113 April 11, 2013 Item No. 5.6 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. 11176 for hay harvesting services, by and between the City of Lubbock and Circle R Lawn and Sprinkler, 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 Apri BERTSON, MAYOR ATTEST: Rcbec Garza, City Secret APPROVED AS TO CONTENT: R. Keith Smith, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw: ccdocs:' RES. Contract-Circ le R Lawn & Sprinkler March 26, 2013 2013-RO113 CIRCRLA-01 MKABSHIER ACO-RD` C ERTIFrATE 0 F LIAB IL TY USURANC E DATE4)2,2013YY) THIS CERTIFLATE 15 ISSUED AS A MATTER OF NFORMATDN ONLY AND CONFERS NO RrHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLLIES BELOW . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETW EEN THE ISSUING INSURER (S),AUTHOR7LED REPRESENTATIVE OR PRODUCER,AND THE CERTIFLATE HOLDER. IMPORTANT: If the certificate holder is anADDI M)NAL INSURED, the policy (ies) m ustbe endorsed. IESUBROGATDN S WAIVED,subecttD the tens s and conditions of the policy, certain policies may require an endorsem ent. A statem enton this certificate does notconfarrights tD the certificate holderin lieu ofsuch endorsem ent(s). PRODUCER Arthur,T.GaIagherRiskManagem entServices,Tnc. 110 North M arienfeld,Suiie 330 Miilsnd,TX 79701 CONTACT NAME MarlaAbshier PHONE Ex (q32) 570 3456 FAX'..); (432) 570 3450 ADDRESS:Marb Abshjer@ at com INSURER 45) A FFO RD NG COVERAGE NAr N INSURER A :Endurance Am moan Specialty Tns Co 41718 INSURED INSURER B :Progressive County M utllalTnsurance Co 29203 Rusty DutlDn dba Circle R Lawn & Sprinkler INSURER C :Texas MutiialTnsulance Com pany 22945 INSURER D :Liberty M uhlalTnsulance Com pany 23043 3109 B. 99th St. Lubbock,TX 79423 INSURER E : INSURER F : COVERAGES CERTFIrATE NUMBER: REVSDN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCENSR hDDLSUBR W VD POLICY NUMBER POLICY EFF MM DD/YYYY) POLICY EXP HM JDD YYYY) L14 rS GENERAL LAB36737Y EACH OCCURRENCE $ 11000,000 PREMISES Ea occurrence $ 100,000 A X COMMERCIAL GENERAL LIABILITY X X CBC100001496800 3/1/2013 3/1/2014 CLAIMS -MADE FI OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADVIN.AIRY $ 1,000,000 X AI CG2010 X W OS -E0008 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OPAGG $ 2,000,000 X POLICY PE'C7 LOC $ AUTO M 0 B LE L14B LILY COMBINED SINGLE LIMIT Ea accident) 1,000,000 BODILY IN.AIRY(Per person) $ B X ANYAUTO X X 08104261-0 7/11/2012 7/112013 ALL OVMIED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PER ACCIDENT $ HIRED AUTOS NON-0WNED AUTOS $ UM BR ELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS 'LABLn'Y ANY PROPRIETOR/PARTNER/EXECUTIVE Y /N OFFICER/MEMBER EXCLUDED? M andamry in NH) N /A X BP0001202169 6232012 6232013 VJCSTATU- OTH- X TORY LIMIT$ ER E.L. EACH ACCIDENT $ 1,000,000 E,L. DISEASE- EAEMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 A 0 eneralLability CBC100001496800 3/12013 3/12014 Aggregate 2,000,000 D �qu5pm entF]o&tE?r M8946237 3/182013 3/12014 Swatherkleader 112,000 DESCRIPTDNOFOPERATDNS/LOCATDNSNEHrLES (Atmch ACORD101,AddithnalRemaiics Schedu]e.ifmorespaceissquimd) The City ofLubbock is nam ed as pldr aryaddit final asured on Auto and G eneralLabililypolivies. W alverofSubrogatim in favorof the C ityofLubbock on the Aum,GeneralLabiityand Woiker5Compensati>npoli iss. 30day N0C is provided onanpoli Jes. Re:ConttactN1311-67-HayHalvesthg C'FR TFT'ATF Hr)T,T)F.R r A N r F.T,T,A T T)N SHOULD ANY 0 F TH E ABOVE DESCR IB ED POLICIES BE CANCELLED BEFORE CityofLubbock THE EXPRATDN DATE THEREOF, NOTICE WILL BE DELIVERED N ACCORDANCE W IPH THE POLICY PROVISDNS. Attn:M arts Alvexez,DaecborofPurchasing & ContractM ang 1625 13th Street Room 204 AUTH O R EED R�E�PR ESENTATNE Lubbock,TX 79401 At;w - ® 1988 2010ACORD CORPORATDN. AI1ri3htsreseLved. ACORD 25 (2010,05) The ACORD nam a and bgo are registered m alics ofACO RD To: 18067752164 From: Marla Abshier@AJG.com Date: April 02, 2013 18:16:31 GMT Subj: Circle R Lawn & Sprinkler - Certificate of Insurance Pages: 2 Attn: Nlarto Please hind the atl ached certificate for the above mentioned insured. Please let me know if anything fill iller is needed for the above mentioned insured to be in compliance. Thank you! Maria Abshier Account Manager GArthur ). Gallagher &- Co. PO Box 53910 1 Lubbock, TX 79453 o (806) 748-2024 1 f (866) 446-7381 _www.aiprms.com Anhui J. Gallagher Rlok 111-9-0 So Nice., Inc. "Please be addsed that coverage cannot be considered bound or altered until the requested coverage or change is confirmed in writing by our office." Thanks and have a good day! From: Marla Abshier [mailto:Arthur ]_Gallagher@gallagheronline.com] Sent: Tuesday, April 02, 2013 1:13 PM To: Marla Abshier Subject: Circle R Lawn & Sprinkler This message contains a report as a PDF attachment. Resolution No. 2013-RO113 M49MEMME Additional Insured Endorsement Name of Person or Organization CITY OF LUBBOCK PO BOX 2000 LUBBOCKTX 79408 The person or organization named above Is an Insured with respect to such liability coverage as Is afforded by the policy but this Insurance applies to said Insured only as a person liable for the conduct of another Insured and then only to the extent of that liability. We also agree with you that Insurance provided by this endorsement will be primary for any power unit speclFlcally described on the Declarations Page. Limit of Liability Bodlly Injury NIA each person/ N/A each accident Property Damage N/A each accident Combined Liability $1,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 08104261-1 Issued to (Name of Insured): RUSTY DUTTON Effective date of endorsement: 07/11/2012 Form 1198 (01/04) CIRCLE R LAWN & SPRI Policy expiration date: 07/11/2013 PR99Rf..l i/5. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: Business Auto Coverage Form Motor Truck Cargo Legal Liability Coverage Form Commercial General Liability Coverage Form We agree to waive any and all subrogation claims against the person or organization designated below except for losses that are due in whole or part to the negligence or errors and omissions of the designated person or organization. CITY OF LUBBOCK PO BOX 2000 LUBBOCK TX 79408 This endorsement applies to Policy Number: 08104261-1 Issued to: RUSTY DUTTON CIRCLE R LAWN & SPR Endorsement Effective: 04/02/2013 Expiration: 07/11/2013 All other terms, limits and provisions of this policy remain unchanged. Form 8610 TX (05/09) POLICY NUMBER. CBC10001496800 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) I Location(s) Of Covered Operations Or Organization(s): City of Lubbock PO BOX 2000, Lubbock, TX 79467 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: CBC10001496800 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations City of Lubbock PO BOX 2000, Lubbock, TX 79457 Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Polic Number Effective Date Expiration Date C BC 10001496800 03/01 /2013 03/01 /2014 ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM WAIVER OF SUBROGATION — BLANKET (WRITTEN CONTRACT) It is hereby agreed that we waive any rights of subrogation to which we may be entitled if, prior to loss, the insured has agreed to such waiver in writing, but only to the extent required by said written agreement. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. POLICY NUMBER: TXG325193-02 COMMERCIAL GENERAL LIABILITY HS 33 95 0512 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF LUBBOCK PO BOX 2000 LUBBOCK, TX 79457 A. Section II — Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at any location. However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured shown in the Schedule, the insurance afforded to such person(s) or organization(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or 2. That portion of "your work" or "your product" out of which the Injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in per- forming operations for a principal as a part of the same project. ALL PREMIUMS FOR THIS ENDORSEMENT ARE FULLY EARNED. HS 33 95 0612 Page 1 of 1 POLICY NUMBER: TXG325193-02 HS 24 04 1093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF LUBBOCK PO BOX 2000 LUBBOCK, TX 79457 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". The waiver applies only to the person or organization shown in the Schedule above. THE PREMIUM CHARGED FOR THIS ENDORSEMENT, IF ANY, WILL BE RETAINED BY US REGARDLESS OF ANY EARLY TERMINATION OF THIS ENDORSEMENT OR THE POLICY. HS 24 04 10 93 'COMPENSATION AND RS EMPL TexasmutuarWORKELAILITY INSURANCE POLCY OYERS InssuranceComany WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. { ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date Is indicated below. (The following "attaching clause" need be completed only when this endorsement Is Issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. SBP-0001202159 20120623 of the Texas Mutual Insurance Company Issued to RUSTY DUTTON Premium CIRCLE R LAWN & SPRINKLER Endorsement No. Premium $ WC420304A (ED. 1-01-2000) Authorized Representative AGENT'S COPY OUSER 6-22-2012 Resolution No. 2013-RO113 CONTRACT NO. 11176 City of Lubbock, TX Contract for Services Hay Harvesting Services THIS CONTRACT made and entered into this I1th day of April, 2013, by and between the City of Lubbock ("City"), and Circle R Lawn and Sprinkler, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Hay Harvesting Services 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 Services. 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 provide to the City, Hay Harvesting Services and more specifically referred to as Primary Contractor for Item 1 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 Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a 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. 5. 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. 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 General Liability Commercial General Liability 500,000 General Aggregate Automotive Liability Combined Single Limit Any Auto 300,000 Workers Compensation Statutory Amounts The City of Lubbock shall be named as an additional insured on a primary and Non - Contributory basis on General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. 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. 7. 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. 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. 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 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 pao'flert'sdue Contractor. 10. This Contract consists of the following documents set forth Specifications and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the and year above written. Executed in triplicate. CITY OF LUB OCK Glen obertson, ayor ATTEST: �?'. 0 Rebe a Garza, City Secretary APPROVED AS TO CONT NT: P , j L'j R. Keith rnith, P.E. Chief Operations Officer APP AS O FORM: Assistant City Attorney CONTRACTOR BY Gpp�esentative Authorizg-R Print Name Address City, State, Zip Code City of Lubbock, TX Hay Harvesting Services General 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. I. 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 an additional two year term under the same terms and conditions upon written agreement from both parties. 27 Circle R Lawn and Sprinkler BID FORM Hay Harvesting Services City of Lubbock, Texas BiD 13-11176-CP in compliance with the Invitation to Bid 13-11176-CP, 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 13-11176-CP 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 I. Hay shall be cut, bale, remove and stack hay crop in close 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 Contractor's % J percentage of the harvested crop they will retains as payment for services rendered. When reviewing hay yields from the past 6 years, harvester retained from 15004000 bales_ The main difference from year to year is directly related City of Lubbock % to growing condition — rainfall. Farm Management will determine when and 5C)'� how hay harvesting is needed. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _ 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 FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured 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 quantity: and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized intcriocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if heishe will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School f HIS BID IS SUBMITTED BY a corporation organized under the laws of the State of or a partnership consisting of or individual trading as • r 4�) n6 % &C" of the City of Finn: (�,rcl.. Y, C, I,'I \ - hC\r\`\ef- Address: �'��` �c��ti )�keA- City:—u��GC k State:�x Zip Bidder acknowledges receipt of the following addenda: Addenda No. Date. Addenda No. Date Addenda No. Date Addenda No. Date �VB3 Firm: I woman I I Black American I I Native American Hispanic American I I Asian Pacific Americi I Other (Specify) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents aft entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: 1. Name and Manufacture's License No. 2. Name and Converter's License No. 3. Name and Representative's License No. 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised TX dealer) By Au Officer Name and Title: Please Print Business Telephone Number E-mail Address: C 11.4•� l QUO �l��10�G\� . C(j�� FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: FAX: Date of Award by City Council (for bids of-er S50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND -rimE, AND YOUR CO1\IPAiNY iNANIE AND ADDRESS.