HomeMy WebLinkAboutResolution - 2010-R0242 - Contract For The Hay-Harvesting-Annual Pricing W/Circle R Lawn & Sprinkler - 05/27/2010Resolution No. 2010-RO242
May 27, 2010
Item No. 5.0
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for hay
harvesting -annual pricing per ITB 10-077-RH, by and between the City of Lubbock and
Circle R Lawn & 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 May 27, 2010
TOM MARTIN, MAYOR
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CONTENT:
41
Marsha Reed, P.E., Chief Operations Officer
APPROVED AS TO FORM:
Chad Weaver,.,Assistant City Attorney
�vw:ccdocs :RES. Contract -Circle R Lawn & Sprinkler
April 29, 2010
Resolution No. 2010—RO242
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Hay Harvesting -Annual Pricing
ITB #10-077-RH
THIS CONTRACT, made and entered into this 270' day of May 2010, pursuant to a resolution heretofore
adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Circle R Lawn
& Sprinkler ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Hay Harvesting -Annual Pricing 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 heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name
of the City of Lubbock a contract with said Contractor covering the service 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 specifications and
bid are attached hereto and made part hereof, Contractor will provide to the City, as Primary
Contractor, the Hay Harvesting specifically referred to as Item(s) No. 1 and more particularly
described in the bid submitted by the Contractor or in the specifications attached hereto.
2. The contract shall be for a term of one year, said date of term beginning upon City Council date
of formal approval. The City and Contractor may, upon written mutual consent, extend the
contract for two additional one-year periods. The rates may be adjusted upward or downward at
this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or
Product Price Index (PPI), whichever 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.
3. This contract shall remain in effect until the expiration date, performance of services ordered, or
termination 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. 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. The Contractor shall perform the
work according to the procedure outlined in the specifications and Invitation to Bid attached
hereto and incorporated herein.
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:
INSURANCE COVERAGE REQUIRED
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.
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 amount(s):
TYPE AMOUNT
Worker's Compensation The Contractor shall elect to obtain worker's compensation coverage
pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said
coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of
the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of
worker's compensation insurance coverage by contractor or any cancellation or non -renewal of
worker's compensation insurance coverage for the Contractor shall be a material breach of this
Contract." The contractor may maintain Occupational Medical and Disability Insurance in lieu of
Workers' Compensation. In either event, the policy must be endorsed to include a wavier of
subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY
OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000.
Commercial General Liability Per Occurrence: $300,000
General Aggregate
Automotive Liability Any Auto: $200,000
Combined Single Limit
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.
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.
10-077-RH-Hay Harvesting -Annual Pricing
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 Right to Audit: At any time during the term of this 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 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.
9. This Contract consists of the following documents set forth herein; Invitation to Bid #10-077-RH,
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 triniicate.
CITY OF LUBBOCK
�-•r-- .�
Tom Martin, Mayor
ATTEST:
'Q -5�c -
Rebelca Garza, City Secretary
APPROVED AS TO CONTENT:
r
. . I ) D a � j, ;�
Marsha Reed, Chief Operations Officer
APPROV A O F4
Assistant City Attorney
CONTRACTOR
BY
Authorfz resents 've
Address 1 x
City, State
ITB# 10-077-RH 25
10-077-RH-Hay Harvesting -Annual Pricing
Resolution No. 2010—RO242
BID FORM
Hay Harvesting -Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 10-077-RH
In compliance with the Invitation to Bid #10-077-RH, 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. The Invitation to Bid #10-077-RH is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITEM
SERVICE LOCATION
Percents a Rate
1.
Contractor shall cut, bale and remove hay crop from
Site. Bids
designated plots on the Lubbock Land Application
Contractor's %
60
will be evaluated on a yield basis. Bidders must submit what
percentage of the harvested crop they will retain as payment
for services rendered on a plot by plot basis.
Farm management will determine when and how hay
City of Lubbock %
ZA O
harvesting is needed. Plots identified will yield approximately
750 — 3,000 bales.
*PRICE: F.O.B. Destinations, Freight Pre -rata and Anowed. --Lays AllCf nc�cip� va v■ uc■ �..�..,,
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.
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 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?
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
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas
Municipal Power Agency, Lynn County, and City of Wolfforth.
YES >C NO
s If you (the bidder) checked YES, the following will apply:
ITB# 10-077-RH 8
10-077-RH-Hay Harvesting -Annual Pricing
Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be
eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this
solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that
governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another
governmental entity's debts. Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY.
corporation organized under the
laws of the State of , or a partnership consisting of
or an individual trading as -of the City of L
Firm:C i C��
Address: 35�� �J11�h
City: `—U.bCk State: _. Zip
M/WBE
Firm:
By
Officer Name and Title: "� 'AK
Business Telephone Number9106-900c\_ S11sq,FAX:
E -Mail Address C lhS� fl�l�:M C� 'i`C7 j`Ca1
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
ITB# 10-077-RH 9
�yo�
Black American
Native American
Hispanic American
Asian Pacific
American
Other (Specify)
Officer Name and Title: "� 'AK
Business Telephone Number9106-900c\_ S11sq,FAX:
E -Mail Address C lhS� fl�l�:M C� 'i`C7 j`Ca1
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
ITB# 10-077-RH 9
10-077-RH-Hay Harvesting -Annual Pricing
Resolution No. 2010—RO242
SUBMIT TO:
�®
CITY OF LUBBOCK
city
HibbOCk
of
CITY OF LUBBOCK, TEXAS
Purchasing & Contract Management
TEXAS
1625 13`h Street, Rm 204
Lubbock, Tx 79401-3830
AN EQUAL
OPPORTUNITY
INVITATION TO BID
CONTACT PERSON:
Robin Holder Bu er
EMPLOYER
—M
#10-077—M
TEL: 806.775.2129
FAX: 806.775.2164
http://purchasing.ci.lubbock.tx.us
TITLE: Hay Harvesting - Annual Pricing
SUBMITTAL DEADLINE:
April 14, 2010 @ 3:00 PM
PRE BID DATE, TIME AND LOCATION: April 7, 2010 at 10:00 A.M. in Any bids received after the time and date listed above, regardless ojthe
mode o"efivery, shall be returned unopened
the City Hall, 1625 13th Street, Purchasing Conference Room 204,
Lubbock,Texas.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB
SPON ENT NAME:
NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY
NAME AND ADDRESS.
MAILING ADDRESS:
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
i`n S
"STATEMENT OF NO BID".
CITY — STA — ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT
—TX ri
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY
RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE
TELEPHONE N
S
IN THE BEST INTEREST OF THE CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
—SOLS�'
FAX NO:
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
ANY
E-MAIL:
�� C�
MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR
COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE
REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
FEDERAL T ID NO. OR SOCIAL SECURITY NO.
NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5)
d
BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
— o:n■e nAccn AN Artv AnnENI)A POgTED ON
THE BIDDER HEREBY ACKNO
_ __ _ -- --
BiDsyNC.COMJ, YES NO
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be
interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their
immediate family, benefit from the award of this bid to the above firm? YES NO
IN COMPLIANCE WITH THIS SOLICITATION, 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 ON THE
ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID
FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS
PORTION MAY RESULT IN BID REJECTION.
By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or
person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I fiuther
agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of
action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular
commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective
at the time the City tenders final payment to the vendor.
w-t\e r
Authorize re Title
Print/Type N e Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
ITB# 10-077-RH 7
10-077-RH-Hay Harvesting -Annual Pricing
BID FORM
Hay Harvesting -Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 10-077-RH
in compliance with the Invitation to Bid #10-077-RH, 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. The Invitation to Bid # 10-077-RH is by reference incorporated in this
enntmet_ The Bid Form must be completed in blue or black ink or by typewriter.
ITEM SERVICE LOCATION Percents a Rate
1. Contractor shall cut, bale and remove hay crop from vO
designated plots on the Lubbock Land Application Site. Bids Contractor's
will be evaluated on a yield basis. Bidders must submit what
percentage of the harvested crop they will retain as payment
for services rendered on a plot by plot basis.
Farm management will determine when and how hay City of Lubbock % O
harvesting is needed. Plots identified will yield approximately
750 — 3,000 bales.
*PRICE: F.O.B. Destinations, r relgai rrc-ruiu auu e+uuww. .�..�a �.a•�• •----.r- -- —
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.
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 convect
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 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?
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
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas
Municipal Power Agency, Lynn County, and City of Wolfforth.
YES >C NO
• If you (the bidder) checked YES, the following will apply:
ITB# 10-077-RH 8
10-077-RH-Hay Harvesting -Annual Pricing
Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be
eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this
solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that
governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another
governmental entity's debts. Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY
corporation organized under the
laws of the State of , or a partnership consisting of
or an individual trading as C't CSA@ \�1 of the City of
Firm:
Address:
LubC� State:_ Z
city: ip E�����
M/WBE
Firm:
By
Officer Name and Title: `, �' "�
Business Telephone Number �� �' `- FAX:
E -Mail Address C lhS�1i CTM ` v j�A1\ C��
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
ITB# 10-077-RH 9
Wow
Black American
Native American
Hispanic American
Asian Pacific
American
Other (Specify)
Officer Name and Title: `, �' "�
Business Telephone Number �� �' `- FAX:
E -Mail Address C lhS�1i CTM ` v j�A1\ C��
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
ITB# 10-077-RH 9
City of Lubbock, TX
Water -Land Application Department
Bid Tabulation Analysis
April 14 2010
Invitation to Bid 10-077-RH
Hay Ilarvesting-Annual Pricing
Resolution No. 2010—RO242
Item DescriptionNendor Location Percentage Rate
1 Hay Harvesting -Annual Pricing
Circle R Lawn & Sprinkler Lubbock, TX Contractor's % 6040
City of Lubbock
Jerry Weaver Farms Lubbock, TX Contractor's % 7030
City of Lubbock °!°
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