HomeMy WebLinkAboutResolution - 2016-R0103 - Jerry Weaver Farms - 03/24/2016Resolution No.2016-R0103
Item No.6.9
March 24,2016
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 12748 for Hay Harvesting, by
and between the City of Lubbock and Jerry Weaver Farms of Lubbock, Texas, and any
related documents.Said Contract is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on March 24.2016 .
GLEN Of ROBERTSON.MAYOR
ATTEST:
}JluL^r
Rebecca Garza,City Secret
APPROVED AS TO£ONTENT:
s?LsZ<?
yL.Woodi^an&nfP-E.,Director of Public Works
APPROVED AS TO FORM:
AmyL.SimsTDeputy CityAttorney
RES.Contract-Nbr 12748, Jerry Weaver Farms 3.7.16
Resolution No. 2016-RO103
City of Lubbock, TX
Contract for Services
Hay Harvesting Contract
Contract 12748
THIS CONTRACT made and entered into this 24'h day of March, 2016, by and between the City of
Lubbock ("City"), and Jerry Weaver Farms, ("Contractor").
WHEREAS, the City of Lubbock duly advertised for bids for Hay Harvesting Contract and bids
were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized
the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase
and delivery of the said hay harvesting.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
In accordance with City's specifications and Contractor's bid, copies of which are attached hereto
and made part hereof, Contractor will deliver to the City, Hay Harvesting and more specifically
referred to as item one on the bid submitted by the Contractor or in the specifications attached
hereto.
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, bid form, and terms and general conditions contained herein.
The Contractor shall perform the work according to the procedures outlined in the bid form,
specifications and general conditions attached hereto. The contract shall be for a term of one year
with the option of four, one year extensions, said date of term beginning upon formal approval.
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 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.
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
Per Occurrence $500,000
Workers Compensation Statutory Amounts
Or
Employers' Liability $500,000
The City of Lubbock shall be named as additional insured on Auto/General Liability on a
Primary and Non -Contributory basis, 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.
City of Lubbock
Bid ITB 16-12746-SS
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. All funds for payment by the City under this contract are subject to the availability of anannual
appropriation for this purpose by the City. In the event of nonappropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the contract, the City
will terminate the contract, without termination charge or other liability, on the last day of the
then -current fiscal year or when the appropriation made for the then -current year for the goods
or services covered by this contract is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect
and the City shall not be obligated under this contract beyond the date of termination.
11. This Contract consists of the following documents set forth herein; Invitation to Bid No. 16-
12748-SS, 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 LUB O K
Glen C. rtson, Wayor
ATTEST:
Reb ca Garza, City Secr
AS TO
Aubrey Spe#,-P.E. /
Director of Water Utilities
APPROVED AS TO FORM:
Amy Sims,4Deafy 13y Attom
CONTRACTOR
BY Gail
Autl&ized Representative
5rATN W&Qec
Print Name
Address
�,wtLoc\c 1-C 70V07
City, State, Zip Code
2N 1/2016 12:49 PM p. 36
City of Lubbock
Bid ITB 16-12748-SS
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
BID FORM
Hay Harvesting Contract
City of Lubbock, TX
ITB No. 16-12748-SS
In compliance with the Invitation to Bid 16-12748-SS, 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 16-12748-SS 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 percentage of
Contractor's %
the harvested crop they will retain as payment for services rendered.
Farm Management will determine when and how hay harvesting is needed.
When reviewing hay yields from the past 6 years, harvester retained from
15004000 bales. The main difference from year to year is directly related to
City of Lubbock %
growing condition — rainfall.
5 o /e
Work will be done at two different locations:
Lubbock Land Application Site @ 4602 ECR 6700, 4602 E 1911 Street, Lubbock, TX 79403 and
Wilson Farm @ 547 County Road X, Wilson, TX 79381
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any
item or group of items shown on the bid.
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
S: /PurchaselBid Dms/1TB 16-12748-SS Hay Harvesting Contract
2/11/201612:49 PM p.6
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 the option of four, one year extensions terms under
the same terms and conditions upon written agreement from both parties.
S: /PurchaseBid Docs/1T6 16-1274MS Hay Harvesting Contract
29
City of Lubbock, TX
Land Application Site
Bid Tabulation
March 24, 2016
ITB 16-12748-SS
Hay Harvesting Services
Item DescriptionNendor Location Percentage Rate
Harvest crop retain for payment for services rendred
Brandon Patshcke Lubbock, TX Contractor 50%
City 50%
Jerry Weaver Farms Lubbock, TX Contractor 50%
City 50%
Page I or I
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
l of l
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-13654
Date Filed:
02/15/2016
Date Acknowledged:
03/22/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Jerry Weaver Farms
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubboc
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract
12748
Hay harvesting contract
a
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. i - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2016-13654
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Jerry Weaver Farms
Lubbock, TX United States
Date Filed:
02/15/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubboc
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
12748
Hay harvesting contract
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
ZI LYTLE
Will PubYc, Sate of Texas
MyCanmis W E)ires 01-13.2018 Signature of authorized agent of
Ft�• . .: ID It 129674618
contracting business entity
AFFIX NO
wry j p I�7
Sworn to and subscribed before me, by the said .'1 I �� Y Y l ' , this the
20 I i , to certify which, witness my hand and seal ofb ce.
It /� q
�- ly day of r+' �///
k it itWl Keck/ wry
&V;
Signature of 61cer administering oath Printed name of officer administering oath
Title oLQfficer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us version V1.0.34944