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HomeMy WebLinkAboutResolution - 2016-R0104 - Brandon Patschke - 03/24/2016Resolution No.2016-R0104 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 12798 for Hay Harvesting, by and between the City of Lubbock and Brandon Patschke of Lubbock. Texas, and any related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth hereinand shall be included inthe minutesof the City Council. Passed by the City Council on March 24,2016 GLEl^.ROBERTSON.MAYOR ATTEST: P.E..Director of Public Works APPROVED AS TO FORM: Amy L.Sims,Deputy City Altorfte; RES.Contract-Nbr 12798.Brandon Patschke 3.7.16 Resolution No. 2016-RO104 City of Lubbock, TX Contract for Services Hay Harvesting Contract Contract 12798 THIS CONTRACT made and entered into this 24'h day of March, 2016, by and between the City of Lubbock ("City"), and Brandon Patschke, ("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. 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, bid form, and terms and general conditions contained herein. 3. 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. 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 16-12748-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 an annual 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 OCK Glen . obertso ayor ATTEST: — � 610 P . - I )�� Re ecca Garza, City Sec. tary AS Aubrey Spear, P.E. Director of Water J APPROVED AS TO FORM: Amy Sims, e y Ci y�Atto CONTRACTOR BY & p " 0 _ Authorized Representative Q £Grdt,v� Md� p Print Name 19 E PM y0 Address LAA TX �9403 City, State, Zip Code 2/11/201612:49 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 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 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 1500-4000 bales. The main difference from year to year is directly related to City of Lubbock % growing condition — rainfall. �© Work will be done at two different locations: Lubbock Land Application Site @ 4602 ECR 6700, 4602 E 19" 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 __1_a/a, net kcalendar 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: /Pumbase/Bid Docs/ITB 16-12748-SS Hay Harvesting Contract 2/11/2016 12:49 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: /Purchase/Bid Docs/ITB 16-12748-SS 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 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll 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: 2016-29057 Date Filed: 03/21/2016 Date Acknowledged: 03/28/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Brandon Patschke Farm Lubbock, TX United States 2 Name of governmental entity or state agency that is a parry to the contract for which the form Is being fled. City Of Lubbock 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. 12798 Hay Baling 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. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Swom 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 V1.0.312 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 Complete Nos. i - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 61f there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2016-29057 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Brandon Patschke Farm Lubbock, TX United States Date Filed: 03/21/2016 Name of governmental entity or state agency that is a party to the contract for which the form Is being filed City Of Lubbock 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 12798 Hay Baling 4 Name of Interested Perty, ry City,State, Country (place of business) of interest (check applicable) Controlling Intermediary 5 Check only If there Is NO Interested Patty. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. MIT SHELPu �Gv Notary PubLcSlHEL aledTeas e, ofTom emyCOrtNam Egg ))-i&20)8 Signature of authorized agent of contracting business entity 117NOTARYS PI B n II''�i Swoml 1to� and subscribed before me, by the said �a( U.1 U)� I'Q�S K� ,this the 20�, to cerdy which, witness my hand and seal of office. /],Q [� r•'a/ day of wC r 1 ,�Yt %c�.cy 6heb' D' Mil -,he L( ighature of officer adminisl ring oath Printed name of officer administ ring oath Title of officer adminisMring oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312