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Home My WebLink AboutResolution - 2004-R0025 - Donation Agreement - Covenant Health System - 01_22_2004RESOLUTION Resolution No. 2004-R0025 January 22, 2004 Item No. 26 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Donation Agreement between the City of Lubbock and Covenant Health System, a not-for-profit corporation, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd ATTEST: Rebecca Garza, City Secretary 6"'"" APPROVED AS TO FORM: .. Richard K. Casner First Assistant City Attorney ke/ccdcos/Covenant. DonationAgnnt.res December 2, 2003 DONATION AGREEMENT Resolution No. 2004-R0025 January 22, 2004 Item No. 26 This Donation Agreement, by and between the City of Lubbock, a Texas home-rule municipal corporation ("Donee") and Covenant Health System, a Texas not-for-profit corporation ("Donor"), is dated as of October 9, 2003 (the "Effective Date"). WHEREAS, Donee is the owner and operator of a publicly owned treatment works ("POTW"), as that term is defined in Chapter 28 of the City of Lubbock Code of Ordinances ("Chapter 28"); WHEREAS, Donor is connected to the POTW and is required to comply with all terms and provisions of Chapter 28; WHEREAS, Chapter 28 requires, among other things, compliance with certain quality requirements set forth therein regarding waste discharged into the POTW; WHEREAS, the construction of additional and/or altered pumping facilities (the "Donated Facilities") at or near the physical location of Donor will aid the Donor in its compliance efforts with Chapter 28. NOW, THEREFORE Donor and Donee agree as follows: 1. 2. 3. 4. Covenant Agreement Donor agrees to purchase and donate to the City of Lubbock two (2) pumps to be installed at the Knoxville Lift Station, located at or about the location depicted on Exhibit "A", attached hereto. The specifications and pump model description of the pumps to be donated are described on Exhibit "B", attached hereto. Donor agrees to arrange for the installation of the two (2) pumps at the location depicted on Exhibit "A". In the installation procedure, the City of Lubbock, through the Director of Public Works, or his delegee(s), may, at his discretion, arrange for the timing of the installation activities and all procedures relating to same. The contractor utilized by Donor shall have insurance, and submit proof of same to the City, in the policies, amounts, and manner, set forth on Exhibit "C", attached hereto. All work regarding the donation set forth herein, including the installation of the pumps, shall be completed on or before two-hundred forty (240) days after the Effective Date. Page I of7 5. It is expressly understood by Donor that all parties connected to the Donee's POTW are required to comply with all provisions set forth in Chapter 28. Although it is contemplated by Donor and Donee that the Donated Facilities will allow Donor to achieve full and complete compliance with Chapter 28, the donation set forth herein shall not, in any way, manner or form, relieve Donor from the obligation of full and complete compliance with all requirements set forth in Chapter 28, and in the event that Donor shall not comply with said provisions and requirements, Donor shall be subject to all penalties, fines, legal actions, and any other enforcement activity or right in favor of Donee, as set forth in Chapter 28. !~~i¥e this the /~day ofAJ~~ , 2003. ATTEST: Covenant Agreement Page 2 of7 APPROVED AS TO CONTENT: Te APPROVED AS TO FORM: Richard Casner First Assistant City Attorney Richard/Covenant.DonationAgnnt September 24, 2003 Covenant Agreement .. Page 3 of7 Resolution No. 2004-R0025 EXHIBIT "A" .# 50' 24TH 72' ~ 4 ... i6 _,... 72' 3 1:lt:1,72 122.98 . I "'"-r•·\ II u .0.-'l ... < ST 14' I 74' .. -.. ~ ·1 o 126.4[1 I'> 113.2.JS 1, ln.4Jtl ··,., '· ·t ... .:.i~: }'ir, ~ > <r:: l:g 1,~io \ 2::a.52 14~1 ~Ill~ 135' I , 51ML/ :g. '"' 1";3.;,3 145 . ~ ·16. ~,~ 15 cf)_ 01~ ··14 z I'-lt . .......,, \ . .' ... ··1 3 -(_\. ~--6 1 7/ I .. ,__.,· --.... ··(~ > ,._.1 '. . \..-fh I It} N ~-· " '-60' !O (\I .... Ill ' 60 .. .,,, / \ \ r---t-rJL.~ I i -m.n~ ~ ,33.421' I ~ 124,971 . /121.53· / / ~ ~I~ .. ~./ ---·-(\ ·1 'J Ill -' ~ 0 L 0 .... <ID I _,. 1,-,2f.i.55 ·-~-i .. 1 ·1 -. I .... ,,o.a'E:·1 o ' l . :J 0 0 / 1K1.4-'};N,1 <ID ,./ 120::0::•t~ 45' In 50' I 130' / 601 / ,,l 10"-.. U '\., .,,, / ,,,,.? .,,, . . / / I I I I I \ Q1-00 \ \ \ '\ '-,,.,.,.,.·-·-· ....... ....._ .,,.. ·, / :i~ L·,., ::g\L mo '-,1:X: \ ,n .\ ai I rn~ a 25th sr. \ I I •I::.:: !fr I H '-. ~ ISi I ! I ~ I II ~: IH o• IB ~ ...... / / I / I I I ........ .,,., . ·-----------------~~~--~· 'LUBBOCK-WATER UTILITIES AM w.w.o. SCALE= 1"·100' De.TE: 8/03 A.CRJ:5 DISTURBED~ Q DESIGNER~ MG DRAWN BY= GB Rli:VIBWllD BY: CC REVISIONS SECTION MAP DJ.TB DBSC:RIPTION DON.I!: BY" 48 r--'o ...,. l 5 {1 ... t:,I) < i 15 u Resolution No. 2004-R0025 Exhibit "B" The pumping equipment shall be Flygt model NP3153 with an "N" series 434 impellor and a 6 inch volute. The duty point for the unit is 1000 gallons per minute at 40 feet of total dynamic head. There shall be two identical units installed for this project. The pumping equipment shall include an adapter to adapt the pumping unit to the existing guide rail system. There shall be enough power cable supplied with each pumping unit to terminate outside the wetwell, there shall be no power cable splices within the wetwell. The pumping units must be compatible with the existing control package. Covenant Agreement Page 5 of7 Resolution No. 2004-R0025 Exhibit "C" INSURANCE The contractor ("Contractor") of Donor (referred to herein as "Donor" or "Covenant") shall obtain all insurance as set forth below from an insurance company authorized to do business in the State of Texas and satisfactory to the Donee (referred to as "Donee" or "City"). Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance required herein shall contain a waiver of any and all of the insurer's rights to subrogation that any such insurer may acquire by virtue of payment of any loss under such insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense 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 Agreement, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to execution of this Agreement. Proof of coverage shall be furnished to the City in the form of a certificate of insurance. The insurance certificates furnished shall name the City and Covenant as additional insureds and provide a Waiver of Subrogation in favor of the City and Covenant as required below, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the Contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance (The City and Covenant are to be shown as Additional Insured and Waiver of Subrogation required). The Contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Covenant Agreement Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Page 6 of7 B. Comprehensive Automobile Liability Insurance (The City and Covenant to be shown as Additional Insured and Waiver of Subrogation required). The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/ Property Damage, $1,000,000.00 Combined Single Limit, to include all owned and non-owned cars including: Employers Non-ownership Liability Hired and Non-owned Vehicles. The City and Covenant are 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. Workers Compensation and Employers Liability Insurance (Waiver of Subrogation required.) The Contractor shall elect to obtain worker's compensation coverage/employer's liability insurance with limits of liability no less than $1,000,000.00 pursuant to Section 406.002 of the Texas Labor Code, as same may be amended. Further, Contractor shall maintain said coverage throughout the term of this Agreement and activities contemplated hereby and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation and employers liability insurance coverage by Contractor or any cancellation or nonrenewal of worker's compensation and employers liability insurance coverage for the Contractor shall be a material breach of this Agreement. Covenant Agreement Page 7 of7