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HomeMy WebLinkAboutResolution - 2013-R0113A - Contract - Jerry Weaver Farms - Hay Harvesting - 04_11_2013Resolution NO. 2013-RO113A 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. 11176-1 for hay harvesting services, by and between the City of Lubbock and Jerry Weaver Farms, 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 April 11, 2013 C. BERTSON, MAYOR ATTEST: Rebe ,-a Garza, City Secrets L) APPROVED AS TO CONTENT: /� , L2, � --)- L,-J R. Keith Smith, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Jerry Weaver Farms March 26, 2013 Resolution No. 2013—RO113A City of Lubbock, TX Contract for Services Hay Harvesting Services CONTRACT NO. 11176-1 THIS CONTRACT made and entered into this 11th day of April, 2013, by and between the City of Lubbock ("City"), and Jerry Weaver Farms, ("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: 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 Secondary 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. 8. 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 payments due Contractor. 10. This Contract consists of the following documents set forth herein; 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 LU BOC Glen C. Rob rtson, Mayor ATTEST: 4 Rebecca Garza, City, Secretary APPROVED AS TO CONTENT: i , i,:"rj R. Keith Smith, P.E. Chief Operations Officer 7z'z A�I'O FORM: Assistant City Attorney CONTRACTOR BY ��— Aut rized Representative Print Name 23OLJ (P 6,-I5D Address 1'(.66oTx i`7,-e0 `-1 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 Jerry Weaver Farms BID FORINI Hay Harvesting Services City of Lubbock, Texas BID 13-11176-CP In compliance wide 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 1. 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 % 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 h how hay harvesting is needed. U 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 dint 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): 'File 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 interlocal 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 he/she 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'? 4 THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of or a partnership consisting of or individual trading as wlz\\jLr of the City of Firm: �P.irU (,J2cL\JCr rilrrnl Address: t' Ll City: Lm�6,k State: TGxf &S zip '70 LI Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M1WBE Firm: Woman Black American I I Native American Hispanic American Asian Pacific Americi I Other (Specify) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an 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) Aathoriz4represe'ntative - must sign by hand q Officer Name and Title: t? Pry ►Veu er 1 Owner Please Print Business Telephone Number. 30b--YU_"-6y33 E-mail Address: ;rJekgcr IS 32 Z 11aIN00, Lum —ld--1 FAX: gob-is)—o-o FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over S50, 000): Date P.O.; Contract Issued: RETURN COMPLETED & SIGNED BID FORNI ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL TIIE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TINIE, AND YOUR COMPANY NAME AND ADDRESS.