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HomeMy WebLinkAboutResolution - 2010-R0243 - Contract For Hay Harvesting W/Jerry Weaver Farms - 05/27/2010Resolution No. 2010-RO243 May 27, 2010 Item No. 5.13 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 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 __ May 27, 2010 TOM MARTIN, MAYOR ATTEST: Rebec VUarza, City Secretary APPROVED AS TO CONTENT: r' ___'Mdj'eZ 6L 0 tlj Marsha Reed, P.E., Chief Operations Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs RES.Contract-Jerry Weaver Farms April 30, 2010 Resolution No. 2010—RO243 CITY OF LUBBOCK CONTRACT FOR SERVICES For Hay Harvesting -Annual Pricing ITB #10-077-RH THIS CONTRACT, made and entered into this 27"' 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 Jerry Weaver Farms ("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 Secondary 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 terns 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. 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 triplicate. CITY OF LUBBOCK (�7,- " - Tom Martin, Mayor ATTEST: Rebe a Garza, City Secretary APPROVED AS TOC NTENT- a_ )6V 1-0 j2 61 Marsha Reed, Chief Operations Officer Assistant City Attorney CONTRACTOR BY �- tized Representative Address City, State 10-077-RH-Hay Harvesting -Annual Pricing Resolution No. 2010—RO243 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 t. Contractor shall cut, bale and remove hay crop from designated plots on the Lubbock Land Application Site. Bids Contractor's % q� �/� 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 % harvesting is needed. Plots identified will yield approximately 750 — 3,000 bales. *PRICE: F.O.B. Destinations, Freight Pre -Paid and Allowed. **Days After Receipt of Order (ARO) 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 We 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 Freaship 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. YESNO • If you (the bidder) checked YES, the following will apply: ITB* 10-077-RH $ 10-077-RH-Hay Harvesting -Annual Pfidng 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 IT a corporation organized under the laws of the State of 2 k cl . or a partnership consisting of or an individual trading as of the City of Firm: Address: W Z 0 L C o�hi` 2��. C S 0 City:—�b����� M/WBE Finn: By State: Tx Zip 71a L/07 Officer Name and Title: "- © &✓ n e r Please Print Business Telephone Number �� - 8 33 FAX: c1 E -Mail Address I c.J ¢-aver 532 Q t�-a,h c� o � o ✓►� 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 Wow Black American Native American Hispanic American Asian Pacific American Other (Specify) Officer Name and Title: "- © &✓ n e r Please Print Business Telephone Number �� - 8 33 FAX: c1 E -Mail Address I c.J ¢-aver 532 Q t�-a,h c� o � o ✓►� 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 10-077-RH-Hay Harvesting -Annual Pricing Resolution No. 2010—RO243 SUBMIT TO: CITY OF LUBBOCK Purchasing & Contract Management city of ►lubboek CITY OF LUBBOCK, TEXAS 1625 13`b Street, Rm 204 T E X A S Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Robin Holder Buyer EMPLOYER #10_0/77-RRHI3 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 the City Hall, 1625 13`h Street, Purchasing Conference Room 204, node ofddhwy, shall be returned unopened Lubbock,Texas. RE SPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB r +W&,v e -t. NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE MAILING ADDRESS: 93 0 "4 Ra.Lk 6 CI SO "STATEMENT OF NO BID". CITY — STATE — ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT Imo- VOO\pOLV- '�C TJ� Ll0tl ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEPHONE NO: DV E7- ,-SCA3 - 6`-I 3 3 o r 06— 891 - SLI 51 SERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NQ:$'1— g �6 ZZ3 2 REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: W et"v o -r l S 32 t) ya1, o0, Lam MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LMTS THE FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH p Lt 5 rl — I S — 916 I NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) l J BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND A,pREES ITS BID IS BASED ON ANY ADDENDA POSTED ON BIDSYNC.COM_ 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 punch d. 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? YESNO 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 further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, tide, 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. owne Aut!107,01gnature Tide Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB# 10-077-RH 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 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 designated plots on the Lubbock Land Application Site. Bids Contractor's %/� q� 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 % harvesting is needed. Plots identified will yield approximately 750 — 3,000 bales. *PRICE: F.O.B. Destinations, Freight Pre -Paid and Allowed. **Days After Receipt of Order (ARO) 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_ NO • If you (the bidder) checked YES, the following will apply: ITI3010-077-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 materialstservices 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 lrYrr ii !/Vtw vyr a corporation organized under the laws of the State of 1 e x a si , or a partnership consisting of or an individual trading as of the City of Firm:)W ep2 �r r X1r` fh % Address: �2 OLI (P Cl S 0 City: State: t Zip 71 -rA L/J'� M/WBE Firm: By Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American Representative - must Officer Name and Title: -2 r r!a, 1A IR- J Z ✓ I ©� ✓ r► e Please Print Business Telephone Number O � - S - A 33 FAX: E -Mail Address ) L,)Qayer i S 3 2 Q ca bQa o p o ✓►) 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 Resolution No. 2010—RO243 City of Lubbock, TX Water -Land Application Department Bid Tabulation Analysis April 14 2010 Invitation to Bid 10-077-RH Hay Harvesting -Annual Pricing Item Description/Vendor Location Percentage Rate 1 Hay Harvesting -Annual Pricing Circle R Lawn & Sprinkler Lubbock, TX Contractor's % 60 City of Lubbock % 40 Jerry Weaver Farms Lubbock, TX Contractor's % 70 City of Lubbock % 30 Page I of I