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HomeMy WebLinkAboutResolution - 5151 - Contract - John Coleman Boren - Farming Services, Lake Alan Henry - 03/28/1996i �t RESOLUTION NO. 5151 i� March 28, 1996 Item #20 ' i"M 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 j execute for and on behalf of the City of Lubbock a Contract with John Coleman Boren of Post Texas, to furnish and install all materials and services as bid for the Farming Services at Lake Alan Henry, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: etty N4. JohnsUn, City Secretary APPROVED AS TO CONTENT: Victor Kilman, Purchasing Manager APPROVED AS TO FORM: andiver, irst ssistant City Attorney DGV:jsfCOLEMAN.RES ccdocsCMarch 14, 1996 Resolution No.5151 March 28, 1996 Item #20 FARATING SERVICES Each of the following parties set forth in the Paragraph 1 below agree as follows: 1. Parties. 1.1 The City of Lubbock, Texas, a Municipal Corporation referred to as "City", 1.2 John Boren referred to as "successful bidder". 2. Recitals. 2.1 City conducts wildlife habitat enhancement activities on Lake Alan Henry Wildlife Mitigation area, owned by the City of Lubbock. 2.2 City and successful bidder desire to enter into a written agreement to govern the farming services by successful bidder on the Lake Alan Henry Wildlife Habitat Area pursuant to the terms and conditions herein set forth. 3. Aareement. 3.1 Description of farming area: The area to be farmed is 75 acres located in southeast Garza County/Southwest Kent County. The 75 acres are divided into 10 separate tracts which vary in size from 3 acres to 15 acres. 3.2 The City of Lubbock will pay the successful bidder $ 84.67 per acre for farming services on 75 acres, for a total of $ 6350.00 for farming services pursuant to the attached specifications. 3.3 Compliance with Re ug latory Authorities: Successful bidder understands that this farming service contract is subject to compliance with the Soil Conservation Service, and section 3.3 Compliance with Regulatory Authorities, of the specifications. 3.4 Insurance: Each of the parties shall be responsible for maintaining liability insurance against loss, liability or expense to third parties, including personal injury and property damage, arising out of conduct pursuant to this contract. Successful bidder resulting in loss or injury to third parties. Contractor's Insurance The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND SHALL FURTHER STATE THAT ALL SUBCONTRACTORS ARE NAMED AS ADDITIONAL INSURED, OR IN ALTERNATIVE, g:purchmddmd-.dos 227!46 2.35 PM SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $250,000 Combined Single Limit in the aggregate per occurrence. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury/Property Damage $250,000 Combined Single Limit to include all owned cars. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. Worker's Compensation and Employers Liability Worker's Compensation covering all employees whether employed by the Contractor or any Subcontractors on the job with Employers Liability of at least $500,000. If the work is performed by the owner or proprietor, Contractor must provide an affidavit stating such in lieu of the Worker's Compensation coverage. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers" compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in C includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. g:p"rch:sdd=d-Ldoc 32198 4:41 PM 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shalt notify the govermnental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; g:pusch:addmd-L doc 2-2--!96 2:35 PM (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or nusleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. D. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth. (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. 3.5 Binding Effect. This agreement shall be binding on the parties hereto, the heirs, legal representatives, successors, and assigns. 3.6 Venue: This contract is performable in Lubbock County, Texas, where venue lies for any dispute arising under this agreement, g:pnrd:addend-l.doc b21146 2:39 PSK 3.7 Rejection of Bids: Bidder understands that the City has the right to reject any bids including the right to reject bids on failure to establish financial responsibility and to waive any formality in the bidding. 4. Term. The initial term of the contract shall be for a period of one (1) year. After completion of the initial Contract term the Contract may be renewed for a period not to exceed one year per renewal with no more than two renewal periods, under the same terms and conditions and at the sole discretion of the City. SIGNED AND EXECUTED this 5th John Boren, Jr. Successful Bidder ATTEST: o S6cretary APPROVED AS TO CO ENT: APPROVED AS FORM: gpwo addenda.doc 4/1/96 8:35 AM SPECIFICATIONS FOR 1996 FARMING SERVICE FOR LAKE ALAN HENRY WILDLIEFE HABITAT AREA GENERAL SCOPE OF WORK Custom Farming service is needed on 75 acres located in southeast Garza County/southwest Kent County. The 75 acres are divided into 10 separate tracts which vary in size from 3 to 15 acres. These 'food plots" are farmed to produce year-round supplemental wildlife foods, and are not harvested, so the seed or leaf forage produced is available for wildlife use. A mixture of seed is planted in Spring and Fall, or order to minimize cop failure due to drought, insects or disease. Seed mixtures may vary from year to year to meet goals set by the City's Representative. U. CONTRACTOR SPECIFICATIONS Any potential contractor/farmer must have at least 5 (five) years farming experience in the High Plains or Rolling Plains region of Texas, with crops such as grain sorghum, pearl millet, annual sunflower, cow peas, sainfoin, winter wheat, oats, vetch, and winter peas. Contractor must have the ability to farm irregularly shaped, sloped and various sized tracts accurately. Contractor must have proof of ownership or leasing of the necessary equipment, and will be responsible for all maintenance of farming equipment. III. ENVIRONMENTAL COMPLIANCE The Contractor shall be responsible to observe and comply with all Federal, State, and local permits, ordinances, lows and regulations existing as of the Commencement Date of this contract of service (on or about 1 April 1996) and thereafter until the expiration of this contract (on or about 1 November 1999), applicable to any aspect of the operation, including but not limited to the discharge or spill of diesel fuel, motor oil or any other potentially toxic substance, provided that in the event any change in Federal, State, or local ordinance, law or regulation shall result in the increase in any cost, charge expense, fee, or cost of operation shall be considered under the Contractor's bid for service. The Contractor is prohibited from the application of any type of herbicide or pesticide either intentionally or as accidental discharge on the Wildlife Habitat Area property itself, or within 20 (twenty) feet of the property boundary of the Wildlife Habitat Area. Contractor is also directed to dispose of any waste (batteries, tires, fuel filters, grain sacks, etc.) properly, and is prohibited from depositing on the surface of the area, or burying on the area any waste produced by the service of this contract. Any welding activity undertaken for the repair of machinery must be conducted safely so as to not be a fire hazard. In the event of any spill or discharge of diesel fuel, motor oil, herbicide, pesticide, or other potentially toxic substances, the Contractor will be required, at his own expense, to remove all effected soil to the satisfaction of the City's Representative, and at Contractor's expense, to properly dispose of the affected soil according to Federal, State, and local regulations regarding the disposal of such materials. IV. EQUIPMENT TO BE USED BY CONTRACTOR Contractor is required to utilize farming equipment that is capable of completing the tasks to be performed as described in the following text, and that is in proper working condition so as to not discharge or leak toxic substances during operation. The selection of equipment to be sued is at the sole discretion of Contractor. V. TASKS TO BE PERFORMED UPLAND FALLOW DISCING Contractor shall perform approximately 2 (two) miles of fallow discing during February or March depending on weather. Fallow discing is the process whereby sod is turned over and left in that condition, no plating or fertilizing is done. The City's 14 Representative shall place and flag each Iine. The Contractor will perform 2 (two) passes on each line. 2. CROP FARMING OF WILDLIFE FOOD PLOTS The City of Lubbock will be responsible for the purchase of all fertilizers and seed to be used on the food plots. The Contractor will be responsible for the transportation of the fertilizer and/or seed from the City's vendor to the Wildlife Habitat Area. A. Spring planting will be done by the second week of April each Spring. Each plot must be disced and seeded, fertilizer may or may not be applied according to goals set by the City's Representative. The plots may be disced, fertilized, and seeded at the same time if Contractor's equipment has the capacity to perform these functions at the same time. B. Fall planting will be done by the first week of September each Fall. Each plot must be disced and seeded, fertilizer may or may not be applied according to goals set by the City's Representative. The plots may be disced, fertilized, and seeded at the same time if Contractor's equipment has the capacity to perform these functions at the same time. 15 I WA ;i 3VIA W6V W RVI-l"M WILDLIFE HABITAT AREA SUPPLEMENTAL FOOD PLOT LOCATIONS r RESOLUTION NO. 5151 March 28, 1996 Item #20 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: it 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 with John Coleman Boren of Post i Texas, to furnish and install all materials and services as bid for the Farming Services at Lake Alan Henry, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: etty M. Johns , City Secretary APPROVED AS TO CONTENT: l I Victor Kilman, Purchasing Manager APPROVED AS TO FORM: \ D&nald G. Vandiver; -First Attorney DGV js/C)EEIMAN.RES i ccdocs/March 14. 1996 I