14-R-65 - Skate Park Sod & Irrigation SystemsRESOLUTION NO. 14 -R -65
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE INSTALLATION OF NEW
SOD AND IRRIGATION SYSTEMS AT THE NEW SKATE PARK AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recoimnended that the
City enter into an Agreement with Hungry Hopper Lawn & Land Management; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Agreement with Hungry Hopper Lawn & Land Management attached hereto as
Exhibit A (the "Agreement').
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Hungry Hopper Lawn & Land Management in substantially the form
set forth on Exhibit A. The total amount payable under this Agreement shall not exceed
$12,840.00 plus $5,000.00 of City contingency funds for a total amount of $17,840.00.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 29th day of July, 2014.
CITY OF SCHERTZ, TEXAS
David Scagliola, Mf as or Pro -Tem
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50234811.1
EXHIBIT A
HUNGRY HOPPER LAWN & LAND MANAGEMENT PROPOSAL
CITY OF SCHERTZ
STANDARD PROFESSIONAL SERVICES AGREEMENT
THE STATE OF TEXAS §
GUADALUPE COUNTY §
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and entered by and
between the CITY OF SCHERTZ, TEXAS, (the "City ") a Texas municipality, and Hungry
Hopper Lawn & Land Management. ( "Professional').
Section 1. Duration. This Agreement shall become effective upon execution by the City
and shall remain in effect until satisfactory completion of the Scope of Work unless
terminated as provided for in this Agreement.
Section 2. Scope of Work.
(A) Professional shall perform the Services as more particularly described in the
Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of
Work constitutes the "Project." Unless otherwise provided in the Scope of Work, the
anticipated submittal of all Project deliverables Is immediately upon completion of the
Project.
(B) The Quality of Services provided under this Agreement shall be of the level of
professional quality performed by Professionals regularly rendering this type of service.
(C) The Professional shall perform its Services for the Project in compliance with all
statutory, regulatory and contractual requirements now or hereafter in effect as may be
applicable to the rights and obligations set forth in the Agreement.
(D) The Professional may rely upon the accuracy of reports and surveys provided to it
by the City except when defects should have been apparent to a reasonably competent
professional or when it has actual notice of any defects in the reports and surveys.
Section 3. Compensation.
(A) The Professional shall be paid in the manner set forth in Exhibit "B" and as provided
herein.
Standard Professional Services Agreement - Hungry Hopper • Aug 05 2014 FINAL v3 Page t
(B) Billing Period: The Professional may submit monthly, or less frequently, an invoice
for payment based on the estimated completion of the described tasks and approved work
schedule. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "),
payment is due within thirty (30) days of the City's receipt of the Professional's invoice.
Interest on overdue payments shall be calculated in accordance with the Prompt Payment
Act.
(C) Reimbursable Expenses: Any and all reimbursable expenses related to the Project
shall be included in the scope of services (Exhibit A) and accounted for in the total contract
amount in Exhibit "B." If these items are not specifically accounted for in Exhibit A, they
shall be considered subsidiary to the total contract amount.
Section 4. Chances to the Project Work; Additional Work.
(A) Changes to Work: Professional shall make such revisions to any work that has been
completed as are necessary to correct any errors or omissions as may appear in such
work. If the City finds it necessary to make changes to previously satisfactorily completed
work or parts thereof, the Professional shall make such revisions if requested and as
directed by the City and such services will be considered as additional work and paid for as
specified under following paragraph.
(B) Additional Work: The City retains the right to make changes to the Scope of Work at
any time by a written order. Work that is clearly not within the general description of the
Scope of Work and does not otherwise constitute special services under this Agreement
must be approved in writing by the City by supplemental agreement before the additional
work is undertaken by the Professional. If the Professional is of the opinion that any work
is beyond that contemplated in this Agreement and the Scope of Work governing the
project and therefore constitutes additional work, the Professional shall promptly notify the
City of that opinion, in writing. If the City agrees that such work does constitute additional
work, then the City and the Professional shall execute a supplemental agreement for the
additional work and the City shall compensate the Professional for the additional work on
the basis of the rates contained in the Scope of Work. If the changes deduct from the
extent of the Scope of Work, the contract sum shall be adjusted accordingly. All such
changes shall be executed under the conditions of the original Agreement. Any work
undertaken by Professional not previously approved as additional work shall be at risk of
the Professional.
Standard Professional Services Agreement - Hungry Hopper - Aug 06 2014 FINAL v3 Page 2
Section 5. Time of Completion.
The prompt completion of the services under the Scope of Work is critical to the
City. Unnecessary delays in providing services under a Scope of Work shall be grounds
for dismissal of the Professional and termination of this Agreement without any or further
liability to the City other than a prorated payment for necessary, timely, and conforming
work done by Professional prior to the time of termination. The Scope of Work shall
provide, in either calendar days or by providing a final date, a time of completion prior to
which the Professional shall have completed all tasks and services described in the Scope
of Work.
Section 6. Insurance.
Before commencing work under this Agreement, Professional shall obtain and
furnish to the City evidence of the following insurance during the term of this Agreement
and thereafter as required herein:
General Liability Insurance: The Professional shall carry and maintain during the term of
this Agreement, general liability insurance on a per occurrence basis with limits of liability
not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and
Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for
Premises, Operations, Products and Completed Operations shall be $1,000,000. This
coverage shall protect the public or any person from injury or property damages sustained
by reason of the Professional or its employees carrying out the work involved in this
Agreement. The general aggregate shall be no less than $1,000,000.
Automobile Liability Insurance: Professional shall carry and maintain during the term of this
Agreement, automobile liability insurance with either a combined limit of at least
$1,000,000 per occurrence for bodily injury and property damage or split limits of at least
$1,000,000 for bodily injury per person per occurrence and $1,000,000 for property
damage per occurrence. Coverage shall include all owned, hired, and non -owned motor
vehicles used in the performance of this contract by the Professional or its employees.
Subcontractor: In the case of anywork sublet, the Professional shall require subcontractor
and independent contractors working under the direction of either the Professional or a
subcontractor to carry and maintain the same workers compensation and liability insurance
required of the Professional.
Standard Professional Services Agreement - Hungry Hopper - Aug 05 2014 FINAL v3 Page 3
Qualifying Insurance: The insurance required by this Agreement shall be written by non -
assessable insurance company licensed to do business in the State of Texas and currently
rated "B" or better by the A.M. Best Companies. All policies shall be written on a "per
occurrence basis" and not a "claims made" form.
Evidence of such insurance shall be attached as Exhibit "C."
Section 7. Miscellaneous Provisions.
(A) Subletting. The Professional shall not sublet or transfer any portion of the work under
this Agreement or any Scope of Work issued pursuant to this Agreement unless
specifically approved in writing by the City, which approval shall not be unreasonably
withheld. Subcontractors shall comply with all provisions of this Agreement and the
applicable Scope of Work. The approval or acquiescence of the City in the subletting of
any work shall not relieve the Professional of any responsibility for work done by such
subcontractor.
(B) Ownership of Documents. Upon completion or termination of this Agreement, all
documents prepared by the Professional or furnished to the Professional by the City shall
be delivered to and become the property of the City. All drawings, charts, calculations,
plans, specifications and other data, including electronic files and raw data, prepared under
or pursuant to this Agreement shall be made available, upon request, to the City without
restriction or limitation on the further use of such materials PROVIDED, HOWEVER, THAT
SUCH MATERIALS ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR
REUSE BY THE CITY OR OTHERS. ANY REUSE WITHOUT PRIOR VERIFICATION OR
ADAPTATION BY THE PROFESSIONAL FOR THE SPECIFIC PURPOSE INTENDED
WILL BE AT THE CITY'S SOLE RISK AND WITHOUT LIABILITY TO THE
PROFESSIONAL. Where applicable, Professional shall retain all pre- existing proprietary
rights in the materials provided to the City but shall grant to the City a non - exclusive,
perpetual, royalty -free license to use such proprietary information solely for the purposes
for which the information was provided. The Professional may, at Professional's expense,
have copies made of the documents or any other data furnished to the City under or
pursuant to this Agreement.
(C) Professional's Seal. To the extent that the Professional has a professional seal it shall
be placed on all documents and data furnished by the Professional to the City. All work
and services provided under this Agreement will be performed in a good and workmanlike
fashion and shall conform to the accepted standards and practices of the Professional's
industry. The plans, specifications and data provided by Professional shall be adequate
and sufficient to enable those performing the actual work to perform the work as and within
the time contemplated by the City and Professional. The City acknowledges that
Standard Professional Services Agreement -Hungry Hopper -Aug 05 2014 FINAL v3 Page 4
Professional has no control over the methods or means of work nor the costs of labor,
materials or equipment. Unless otherwise agreed in writing, any estimates of costs by the
Professional are for informational purposes only and are not guarantees.
(D) Compliance with Laws. The Professional shall comply with all federal, state and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any
courts, administrative, or regulatory bodies in any matter affecting the performance of this
Agreement, including, without limitation, worker's compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations.
When required, the Professional shall furnish the City with satisfactory proof of compliance.
(E) Independent Contractor. Professional acknowledges that Professional is an
independent contractor of the City and is not an employee, agent, official or representative
of the City. Professional shall not represent, either expressly or through implication, that
Professional is an employee, agent, official or representative of the City. Income taxes,
self - employment taxes, social security taxes and the like are the sole responsibility of the
Professional.
(F) Non - Collusion. Professional represents and warrants that Professional has not given,
made, promised or paid, nor offered to give, make, promise or pay any gift, bonus,
commission, money or other consideration to any person as an inducement to or in order
to obtain the work to be provided to the City under this Agreement. Professional further
agrees that Professional shall not accept any gift, bonus, commission, money, or other
consideration from any person (other than from the City pursuant to this Agreement) for
any of the services performed by Professional under or related to this Agreement. If any
such gift, bonus, commission, money, or other consideration is received by or offered to
Professional, Professional shall immediately report that fact to the City and, at the sole
option of the City, the City may elect to accept the consideration for itself or to take the
value of such consideration as a credit against the compensation otherwise owing to
Professional under or pursuant to this Agreement.
(G) Force Majeure. If the performance of any covenant or obligation to be performed
hereunder by any party is delayed as a result of circumstances which are beyond the
reasonable control of such party (which circumstances may include, without limitation,
pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty,
shortage of materials, adverse weather conditions (such as, by way of illustration and not of
limitation, severe rain storms or below freezing temperatures, or tornados] labor action,
strikes or similar acts, moratoriums or regulations or actions by governmental authorities),
the time for such performance shall be extended by the amount of time of such delay, but
no longer than the amount of time reasonably occasioned by the delay. The party claiming
delay of performance as a result of any of the foregoing force majeure events shall deliver
StandardPror essionalServicesAgreement - Hungry Hopper - Aug 052014 FINAL v3 Page
written notice of the commencement of any such delay resulting from such force majeure
event not later than seven (7) days after the claiming party becomes aware of the same,
and if the claiming party fails to so notify the other party of the occurrence of a force
majeure event causing such delay and the other party shall not otherwise be aware of such
force majeure event, the claiming party shall not be entitled to avail itself of the provisions
for the extension of performance contained in this subsection.
(H) In the case of any conflicts between the terms of this Agreement and wording
contained within the Scope of Services, this Agreement shall govern. The Scope of
Services is intended to detail the technical scope of services, fee schedule, and contract
time only and shall not dictate Agreement terms.
Section 8. Termination.
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Professional and City;
(2) By either party, upon the failure of the other party to fulfill its obligations as set
forth in either this Agreement or a Scope of Work issued under this Agreement;
(3) By the City, immediately upon notice in writing to the Professional, as
consequence of the failure of Professional to perform the services contemplated by this
Agreement in a timely or satisfactory manner;
(4) By the City, at will and without cause upon not less than thirty (30) days written
notice to the Professional.
(B) If the City terminates this Agreement pursuant to Section 5 or subsection 8(A)(2) or
(3), above, the Professional shall not be entitled to any fees or reimbursable expenses
other than the fees and reimbursable expenses then due and payable as of the time of
termination and only then for those services that have been timely and adequately
performed by the Professional considering the actual costs incurred by the Professional in
performing work to date of termination, the value of the work that is nonetheless usable to
the City, the cost to the City of employing another Professional to complete the work
required and the time required to do so, and other factors that affect the value to the City of
the work performed at time of termination. In the event of termination that is not the fault of
the Professional, the Professional shall be compensated for all basic, special, and
additional services actually performed prior to termination, together with any reimbursable
expenses then due,
Standard Professional Services Agreement - Hungry Hopper • Aug 05 2014 FINAL v9 Page 6
Section 9. Indemnification. Professional agrees to indemnify and hold the City of
Schertz, Texas and all of its present, future and former agents, employees, officials
and representatives harmless in their official, individual and representative
capacities from any and all claims, demands, causes of action, judgments, liens and
expenses (including attorney's fees, whether contractual or statutory), costs and
damages (whether common law or statutory), costs and damages (whether common
law or statutory, and whether actual, punitive, consequential or incidental), of any
conceivable character, for injuries to persons (including death) or to property (both
real and personal) created by, arising from or in any manner relating to the services
or goods performed or provided by Professional — expressly including those arising
through strict liability or under the constitutions of the United States or Texas — BUT
ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL
GOVERNMENT CODE AS APPLICABLE.
Section 10. Notices. Any notice required or desired to be given from one party to the
other party to this Agreement shall be in writing and shall be given and shall be deemed to
have been served and received (whether actually received or not) if (i) delivered in person
to the address set forth below; (ii) deposited in an official depository under the regular care
and custody of the United States Postal Service located within the confines of the United
States of America and sent by certified mail, return receipt requested, and addressed to
such party at the address hereinafter specified; or (iii) delivered to such party by courier
receipted delivery. Either party may designate another address within the confines of the
continental United States of America for notice, but until written notice of such change is
actually received by the other party, the last address of such party designated for notice
shall remain such party's address for notice.
Section 11. No Assignment. Neither party shall have the right to assign that party's
interest in this Agreement without the prior written consent of the other party.
Section 12. Severabilitv. If any term or provision of this Agreement is held to be illegal,
invalid or unenforceable, the legality, validity or enforceability of the remaining terms or
provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal,
invalid or unenforceable term or provision, there shall be added automatically to this
Agreement a legal, valid or enforceable term or provision as similar as possible to the term
or provision declared illegal, invalid or unenforceable.
Section 13. Waiver. Either City or the Professional shall have the right to waive any
requirement contained in this Agreement that is intended for the waiving party's benefit,
but, except as otherwise provided herein, such waiver shall be effective only if in writing
executed by the party for whose benefit such requirement is intended. No waiver of any
breach or violation of any term of this Agreement shall be deemed or construed to
Standard Professional Services Agreement - Hungry Hopper - Aug 052014 FINAL v3 Rage
constitute a waiver of any other breach or violation, whether concurrent or subsequent, and
whether of the same or of a different type of breach or violation.
Section 14. Governing Law-, Venue. This Agreement and all of the transactions
contemplated herein shall be governed by and construed in accordance with the laws of
the State of Texas. The provisions and obligations of this Agreement are performable in
Guadalupe County, Texas, such that exclusive venue for any action arising but of this
Agreement shall be in Guadalupe County, Texas.
Section 15. Paragraph Headings; Construction. The paragraph headings contained in
this Agreement are for convenience only and shall in no way enlarge or limit the scope or
meaning of the various and several paragraphs hereof. Both parties have participated in
the negotiation and preparation of this Agreement and this Agreement shall not be
construed either more or less strongly against or for either party.
Section 16. Binding Effect. Except as limited herein, the terms and provisions of this
Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, devisees, personal and legal representatives, successors and assigns.
Section 17. Gender. Within this Agreement, words of any gender shall be held and
construed to include any other gender, and words in the singular number shall be held and
construed to include the plural, unless the context otherwise requires.
Section 18. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, and all of which shall constitute but one and the
same instrument.
Section 19. Exhibits. All exhibits to this Agreement are incorporated herein by reference
for all purposes wherever reference is made to the same.
Section 20. Entire Agreement. It is understood and agreed that this Agreement contains
the entire agreement between the parties and supersedes any and all prior agreements,
arrangements or understandings between the parties relating to the subject matter. No
oral understandings, statements, promises or inducements contrary to the terms of this
Agreement exist. This Agreement cannot be changed or terminated orally.
Section 21. Relationship of Parties. Nothing contained in this Agreement shall be
deemed or construed by the parties hereto or by any third party to create the relationship of
principal and agent or of partnership or of joint venture or of any association whatsoever
between the parties, it being expressly understood and agreed that no provision contained
in this Agreement nor any act or acts of the parties hereto shall be deemed to create any
Standard Professional Services Agreement - Hungry Hopper - Aug 06 2014 FINAL v3 Page
relationship between the parties other than the relationship of independent parties
contracting with each other solely for the purpose of effecting the provisions of this
Agreement.
Section 22, Right To Audit. City shall have the right to examine and audit the books and
records of Professional with regards to the work described in Exhibit A, or any subsequent
changes, at any reasonable time. Such books and records will be maintained in
accordance with generally accepted principles of accounting and will be adequate to
enable determination of: (1) the substantiation and accuracy of any payments required to
be made under this Agreement; and (2) compliance with the provisions of this Agreement.
23. Dispute Resolution. In accordance with the provisions of Subchapter I, Chapter
271, Tex. LOCAL GOVT CODE, the parties agree that, prior to instituting any lawsuit or other
proceeding arising from a dispute under this agreement, the parties will first attempt to
resolve the dispute by taking the following steps: (1) A written notice substantially
describing the nature of the dispute shall be delivered by the dissatisfied party to the other
party, which notice shall request a written response to be delivered to the dissatisfied party
not less than 5 days after receipt of the notice of dispute. (2) If the response does not
reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party
shall give notice to that effect to the other party whereupon each party shall appoint a
person having authority over the activities of the respective parties who shall promptly
meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not
resolve the dispute, then the parties shall each appoint a person from the highest tier of
managerial responsibility within each respective party, who shall then promptly meet, in
person, in an effort to resolve the dispute.
24. Disclosure of Business Relationships/Affiliations; Conflict of Interest
Questionnaire. Professional represents that it is in compliance with the applicable filing
and disclosure requirements of Chapter 176 of the Texas Local Government Code.
Standard Professional Services Agreement - Hungry Hopper - Aug 052014 FINAL v3 Page
EXECUTED by the City on this the
CITY:
By:^
)af7r-
Name:Jt7Kn C. Kessei
Title: City Manager
ADDRESSES FOR NOTICE:
CITY
City of Schertz
Attn: John C. Kessel, City Manager
1400 Schertz Parkway
Schertz, Texas 78154
with a copy to:
City Attorney
City of Schertz, Texas
Attn: Charles E. Zech
2517 N. Main Avenue
San Antonio, Texas 78212
day of , 2014.
PROFESSIONAL:
Name: Colt Tousek
Title: Owner, Hungry Hopper Lawn &
Land Management
PROFESSIONAL
StandardPro( essionalServicesAgreement - Hungry Hopper - Aug 052014 FINAL v9 Page 10
Exhibit A
Scope of Work
The Professional shall perform the following irrigation and sod work at the
Schertz Skate Park located at 820 Community Circle Schertz, TX 78154:
1. supply and install 36 pallets of Celebration Bermuda Sod;
2. supply and install sprinkler system consisting of Hunter
Materials and carries 1.5 year warranty - covering all parts and
labor
3. supply and install 1 (one) zone of bubblers for 10 (ten) existing
trees that do not have irrigation; and
4. supply and install timer to be mounted on the side of the Animal
Adoption Center located at 800 Community Circle Schertz, TX.
Sinndnrd Profemlmml Seri ices Agreemeni_Seheriz PACE 11
Exhibit B
SCHEDULE OF FEES FOR PROFESSIONAL SERVICES
The total Compensation for professional services to be performed is $12,840.00
Slambnrd Protessioual Seniees dgreemen1jeheriz RICA 12
Exhibit "C"
Evidence of Insurance
Slandard Prolesslonal Seriftes Agreemenl_Seheriz PACE 13
a4CC)PO CERTIFICATE 01= LIABILITY INSURANCE ° "0811 °" "'
1��- 061 „120,4
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER SHE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT VETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holds+ IR an ADDITIONAL INSURED, the pollcy((oa) must be endomod, If SUBROGATION 18 WANED, subleot to the
terms and conditions of the Polley, certain policies may require an endorsement. A slotoment on this certificate does not confer rights to the
eortiDoato holder In Ileu of such andomomant(s).
Darrell Beakley
Farm Bureau Ins. Co.
325 s Hwy 46
Soguln Tx 78166
IN6UReD
Colt Tousek
DBA: Hungry Hopper Lawn 6 Land Mgmt
PO Box 706
McQueenoy Tx 78123
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City Of Schertz SHOULD ANY OP THE ABOVE DESCRIBED FOLIGIES BE CAMOHMAD BEFORE
TH6 6RPIRAT(ON DATE THEREOF, NOTICE WILL BE DELIVERED IN
SO Commercial Place Bldg 2 ACCORDANCE NTH THE POLICY PROVISIONS,
Seherti TX 76154
reserved.
ACORD 28 (2010105) The ACORD name and logo are registered marks of ACORD
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P.O. Number 14 -68679 /% Ordered 18,793.50 Receipt 18,793.50 out 0.00
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Misc. -;;Re Ap roust „CarOmettls /Notes
Vendor Set Status ,completed
Vendor F99-6-8---] ,0 1HUNBRY HOPPER LAWN &q Issued 3/18/2.014
Department 101 -460 ,{p Est. Delivery 3/10/2014 Q
Approved by BRIAN JAMES LaslReceipt 3/18j2014 Q
Ordered by JCHUCKVANZANDT Completion
SurnmoryDesc HUNGRY HOPPEF1,1Landscape
P.O. Description INV# LANDSCAPING AND SHURBS FOR ANIMAL
ADOPTION CENTER $18,793.50 3/18/14.
Internal Notes LANDSCAPING AND SHURHS FOR ANIMAL ADOPTION �
CENTER
1 ,�J Relm
Ingtmy I rgalindo
lk9l010101xIV
P.O. Numbe Ordered 18.793.50 Receipt 16.793.50 Out O.OD
Roy. Number 14 66636 Variance 0.00 Voided 0.00
Item
DisUibution: Additional iPendinninvaicesr Miser IRe_yApproval: ,CommeOts(.Noles
Vendor Set 01;Ctyo[Schedz Status CCoolnpleted r r
'
Vendor 99G8 ,Q HUNGRY HOPPER LAWN & U Issued 3/25/2014
Depaftenl 1D1-460 ,0 Est Delivery 3/25f2014
Approvedby BRIAN JAMES Last Receipt 312 712 01 4 Q
Ordered by CHUCKVANzAI Completion 3%l7/2014 Cyl
SummmyOesc HUNGRY HOPPEWAS landscp
P.O. Description INV #WEE0O0003 FINAL PAYMENT LANDSCAPING FOR ANIMAL ^
ADOPTION FACILITY $18,793.50 3/21/14.
IntemalNotes FINAL PAYMENT LANDSCAPING FOR ANIMAL ADOPTION
FACILITY
.;-JHte
rgdndo
VendorSet
ID Description
Narne
PO
01-CivaSchedz
HUNGRY HOPPER LAWN &LAND, LLC
I0eroDale IDiscouri
Vendor
9900 P NexlVendor
Status
Adive
Goneral I Other Detail I Checks (Inlorma0on I Comments I Purchase Ordors
PostDale 7(16/2012 C-1) Thru 99/99/9999 W 113alance Range: 999,999,999-99- to 999,999,999.99, Post Date Ran Filler
OoH.::..Type"
ID Description
I Gross .1 13alance.[
PO
:.IChockI..PayDale
I' PostDate
I0eroDale IDiscouri
❑
INV 201403188240 HUNGRYHOPPEFV..
$18,793.50 $0.00
044516
03/19/2014 03/1812014
03/18%2.014 03/18/,
❑
IW WE8000003 HUNGRY HOPPER/..
$10,793.50 $0.0014
- 6683(1
644682
03Y2712014 n3re]Y1nt4
nan7mm4 mn7n
t�
(— ,FdilThisRecord 113
I &1X10110141?
Vendor Set 01- Cilyaf5chetiz Name HUNGRYHOPPERLAWNBLAND,LLC
Vendor 9988 P Next Vendor# Status jAcWe
uenerar aimur I Uela9 I LIIeM$ I Information 1 Comments 1 Purchase Orders
Reference
DefaullTemplate
LaslAcllvity 3(27J2014
Payment Method
Method
Stub Method
One Item per Check
EFI- Prof to
Regular
Default ^�
Fiscal Yew Purchases Discounts
2013-2014 3758].00 .00
2012 -2013
2011 -2012 .00 ,00
Terms
OAO
(s Days
C DayofMordh
Day F]
r Edit This Record
i9afindo
re Days
C DayofManth
Day O
Sitar 101 *6
5o,ga�
/� , wry AXM 7a Qb 7 -b AJo wI(Z-
M
7 -16 -2014 01:08 PM
0.00
C I T Y O E
S C 11 E R T E
4,306.30
0.00
PAGE:
4
0.00
301- 571700 Improvements Under $5,000
REVENUE AND EXPENSE REPORT (UNAUDITED)
143,015.30
0.00
0.00
0.00
0.00
AS OF! JULY
31ST, 2014
TOTAL Operating Equipment
0.00
0.00
317 -PART( FUND
0.00
0.00
0100
0.00
0.00
Capital Outlay
PUBLIC ENVIRONMENT
301 - 501700 Improvements Over $5,000
40,000.00
PARKLAND DEDICATION
0.00
0100
0.00
0.00
& OF
YEAR COYWLETED:
83.33
40,000.00
CURRENT
BUDGET
CURRENT
PERIOD
PRIOR YEAR
Y -T -D
Y -T -D
ACTUAL
Y -T -D
ENCUMBRANCE
BUDGET
BALANCE
8 OP
BUDGET
** TOTAL PARKLAND DEDICATION
40,000.00
0.00
143,815.30
0100
0.00
40,000.00
Supplies
301 - 521000 Operating Supplies
TOTAL Supplies
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Utility Services
301 - 533300 Utilities
TOTAL Utility Services
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Professional Services
301 - 541300 Other Censl /prof Services
TOTAL Professional Services
0.00
0.00
545.00
545.00
0.00
0.00
0.00
0.00
0.00
0600
0.00
0.00
0.00
0.00
Fund Charges /Transfers
301- 548000 Transfer Out
301 - 548101 Transfer To General Fund
TOTAL Fund charges /Transfers
0.00
0.00
0.00
0.00
138,884.00
0.00
138,68d.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Maintenance Services
301 - 551110 Trees
301 - 551710 Landscaping
TOTAL Maintenance Servicos
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Operating_Equipment;
301 - 571000 Sign /Fixtures
0.00
0.00
0.00
4,306.30
0.00
0.00
0.00
0.00
301- 571700 Improvements Under $5,000
0.00
143,015.30
0.00
0.00
0.00
0.00
0.00
TOTAL Operating Equipment
0.00
0.00
4,306.30
0.00
0.00
0100
0.00
0.00
Capital Outlay
301 - 501700 Improvements Over $5,000
40,000.00
0.00
0100
0.00
0.00
40,000.00
0.00
TOTAL Capital Outlay
40,000.00
0.00
0,00
0,00
0,00
40,000.00
0.00
** TOTAL PARKLAND DEDICATION
40,000.00
0.00
143,815.30
0100
0.00
40,000.00
0.00
'* TOTAL PUBLIC ENVIRONMENT
40,000.00
0.00
143,815.30
0.00
0.00
40,000.00
0.00
*'* TOTAL EXPENDITURES * **
40,000.00
0.00
143,015.30
0.00
0.00
40,000.00
0.00
' ** END OF REPORT "*
COPY
RESOLUTION NO. 14 -R -65 ,
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE INSTALLATION OF NEW
SOD AND IRRIGATION SYSTEMS AT THE NEW SKATE PARK AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the ".City") has recommended that the
City enter into an Agreement with Hungry Hopper Lawn & Land Management; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Agreement with Hungry Hopper Lawn & Land Management attached hereto as
Exhibit A (the "Agreement').
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Hungry Hopper Lawn & Land Management in substantially the form
set forth on Exhibit A. The total amount payable under this Agreement shall not exceed
$12,840.00 plus $5,000.00 of City contingency funds for a total amount of $17,840.00.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council,
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision,
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 29th day of July, 2014.
CITY 9F SCHERTZ, TEXAS
David Scaaliela -, VrOor Pro-
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50234811.1
CITY OF SC14ERTZ CONTRACT APPROVAL FORM
A. To be completed by Department Head
B.
1. Contract with: Harp Roper Lawn & Lout Management Contract amount: 112,840.0 0
2. Contract for: Sod and Irrigation installation at the Schertz Skate Park
3. Fund/Account to be charged: 317 - 301 - 551710 Dept. Parkland Dedication Fund
4. Contract category and amount in the budget: ❑' yes ❑ no - budget amendment required
Budget Amendment Ord/Res Number: 14 -R -65 Date: July 29.2014
5. Contract approved by City Council: 0� yes ❑ no ❑ NA (Required over $50,000)
6. Date of City Council approval: July 29.2014
7. If not approved by City Council, state reason: N
8. Contract required to be bid: ❑ yes O'no
Bidding completed: ❑ yes ❑ NA (bidding not required) Bidding exemption: (if bidding is not required
state reason): HungLy -ftper Lawn & Land Management is a Texas Buy Board membo
9. Blanks or missing exhibits In contract? ❑ yes )7" no
10. Terms of contract reviewed and approved by Department Head: (3' yes
11. Contract termination date: Upoonn�Coompletion Contract renewal date:
12. Department Head's sigrg e: �ei c* Date:
To be completed by Finance Director
1. Contract category and amou�n,t/i-n the budget: yes no - budget amendment re
❑no - exempt because /Gnnttrxayrhr,; 31X01- 54 /AOU- Neec+a�
2. Funds available to pay Contract: yef Fund /Account to be charged:
3. Finance Director's signature: �� %j(]i1_. Date: Q
C. To be completed by Purchasing and Asset
019 4 S
NJ
1. Contractreviewed for insurance, warranty, term, severability and indemnity requirements:0yes
2. Contract properly bid in accordance with City Purchasing Policy (ryes ❑ NA i'
3. Purchasing and Asset Management Signature:' e'14 A"' t,Ah Date: a Q 16 1 `t'
D. To be completed by City Attorney
1. Contract reviewed and a proved by City Attorney ❑ not requested �es (allach email approval)
2. Date Reviewed D S ( City Attorney Signature dm
E. To be completed by Department Head's Supervisor
1. Final contract reviewed and approved: ❑ yes ❑ no
2. Supervisor's Signature:
F. To be completed by Chief of Staff
1. Chief of Staff Signature:
2. Send to CM for Signature
P1
G. Chief of Staff gives contract to Executive Assistant for the City Manager's Signature
1. Executive Assistant obtains CM signature
Vr NA
2. Department is notified and seat a scanned copy of the contract, signed contract is given to City Secretory
H. City Secretary
1. Date filly- executed contract received by City S crf! etar`y:��rScN(�uoe.��
2. Filed as: Date filed to Laserfiche:
Resised July 17,2014 4 0 AJ p, �.� C µ F
CITY MANAGEMENT
Coordination Sheet
FROM:
Chuck Van Zandt
DATE:
NAME
INITIALS
DATE
Aug 05,2014
TO:
Mr. J. Bierschwale,
Deputy City Manager
Mr.,,B,_James,Development
i
Mr. B. Cantu, Chief of Staff
�AA/
Mr. J. Kessel, City Manager
7i
Comments:
Attached is the contract services package
for the installation of sod and irrigation
at the Schertz Skate Park.
Return To:
ucl- Van 2a tyJ �"
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INSTRUCTIONS FOR COMPLETING CONTRACT APPROVAL FORM
A. Department Head Responsibility:
• Complete top portion of form in detail to include Vendors name, the total amount,
purpose, funding source, and bidding information.
• Insert City Council Approval Information
• Enter contract termination & renewal date
• Department Head signs and dates the Contract Approval Form and sends it to Finance
B. Finance Director Responsibility:
• Verify the contract purpose and cost is in the budget.
• Indicate the need for a budget adjustment
• Enter the Fund and Account that will be charged for this contract
• Finance Director Signs and dates the Approval Form and sends it to the Purchasing
C. Purchasing & Asset Management Responsibility:
Review the contract for insurance provision, warranty, term of contract, severability
clause, and indemnity requirements
Insure the contract was properly bid in accordance with local and state statutes
Sign and Date the Approval Form and send it to the City Attorney. Upon approval by
City Attorney, Purchasing sends to Department Head Supervisor.
D. City Attorney Responsibility:
• City Attorney reviews the contract and coordinates changes if necessary with the
Department Head and Purchasing
• Attorney completes review and forwards the contract to the Purchasing Department,
E. Department Head's Supervisor Responsibility:
• Review the contract including Exhibits or Attachments
• Requests additional information or Recolmnends City Manager Signature
• Sign and Date the Approval Form and sends it to the Chief of Staff
F. Chief of Staff Responsibility:
• Review the contract and gives contract to Executive Assistant for CM signature
G. Executive Assistant
• Obtains CM Signature and scans a copy to the initiating Department Head
• Gives signed original to the City Secretary for scanning and filing
H. City Secretary Responsibility:
Scan to Laserfiche, file contract
Revised hdy l7, 2014
Hungry Hopper PSA - Nancy B. Tumlinson
Hungry Hopper PSA
Connie Lock <connie.lock @rampage- sa.com>
Fri 8/15/2014 9:22 AM
To.Nancy B. Tomlinson <NTumlinson @schertz.com>;
(tit 2 attachments
Page I of 1
61.3 of Hungry Hopper PSA 4 v 3.docx; Standard Professional Services Agreement - Hungry Hopper - Aug 05 2014 FINAL
v3.doc;
Nancy,
I attach clean and blacklined copies of the final Hungry Hopper PSA. I made one change
to the signature page so the Hungry Hopper PSA signature page matches our form. Also,
as we discussed, I would prefer to see a picture describing/depicting the work site
attached to this contract, but, if you feel confident that Hungry Hopper is clear on its
scope of services, the contract is good to go.
I also made some spacing changes on Exhibit A as we discussed.
Please let me know if you have any questions.
Connie C. Lock, Attorney at Law
Denton Navarro Rocha Bernal Hyde & Zech, P.C.
2517 N. Main Ave.
San Antonio, Texas 78212
Phone: (210) 227 -3243
Fax: (210) 225 -4481
Email: connie.lock(ct�.rampage- sa.com
CONFIDENTIALITY NOTICE
This transmission is intended for the individual or entity to which it is addressed, and may be information that is
PRIVILEGED & CONFIDENTIAL. If you are not the intended recipient, or the employee or agent responsible for
delivering the message to the intended recipient and have received this information in error, you are hereby
notified that any dissemination, distribution, or copying of this communications is prohibited. If you have received
this communication in error, please notify us immediately by replying to the message and deleting it from your
computer. Thank you.
https://pod5lO45.outlook.com/oNva/ 8/15/2014
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Hungry Hopper Lawn & Land Management
PO Box 785
McQueeney TX 78123
(830) 534 -7201
I Name /Address I
of Schertz
onmrercial Place Dldg I
rtz TX 78154
Estimate
Date
Estimate #
05/07/2014
1VB1300001 I
Project
Description
Qly
Role
Total
Celebration Bermuda
36
190.00
6840.00T
Installation ofSprbmklerSystem. System willconsislofHunter
materials and carries a 1.5 Year parts and labor warranty. Includes 1
zone of bubblers for the existing trees that don't Imvo irrigation.
Timer to be mounted on the side of the Animal Adoption Center
10
600.00
6000.00T
Soles Tax
0.00%
0.00
Total - $12840.00
Irrigation Warranty - Nancy B. Tumlinson
Irrigation Warranty
Colt Tousek <c.tousek @hotmail.com>
Thu 8/14/2014 2A8 PM
To:Nancy B. Tumlinson <NTumlinson @schertz.com>;
Page 1 of 1
Nancy,
At Hungry Hopper we offer a 1112 year parts and labor warranty on our irrigation systems. Please feel free to contact
me if you need any additional info, Thanks, Colt
Sent from my iPhone
https : / /pod5I045.outtook.coin/owa/ 8/14/2014