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HomeMy WebLinkAboutResolution - 2008-R0011 - Contract-DPC Industries Inc.-Liquid Chlorine-01/10/2008 - 01/10/2008 (3)Resolution No. 2008-R0011 January 10, 2008 Item No. 5.14 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 a for and on behalf of the City of Lubbock a Contract for liquid chlorine — annual pricing per bid #08-005-FO by and between the City of Lubbock and DPC Industries, Inc., of Sweetwater, Texas, which Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 10th day of January , 2008 . DAVID A. MILLER, MAYOR ATTEST: Rer cca Garza, City Secreta ry APPROVED Afi—`1:C.3 CONTENT: Thomas Adams Deputy City Manager/Director of Water Utilities APPROVED AS TO FORM: r Dbn Vandiver, Attorney o unse ❑ Dres/DPCindustriesCon07Res December 12, 2007 Resolution No. 2008—R0011 CITY OF LUBBOCK CONTRACT For Liquid Chlorine - Annual Pricing Bid No. 08-005-FO THIS CONTRACT, made and entered into this I Oth day of January, 2008. pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and DPC Industries Inc., ("Contractor"), WiTNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Liquid Chlorine- Annual Pricing, and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Liquid Chlorine. NOW, THEREFORE, in consideration of the mutual agreement contained lierein, as well as the financial consideration hereinafter referred to, the parties Hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Liquid Chlorine specifically referred to as Item(s) No. one and more particularly described in 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, offer, and terms and conditions contained herein. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. The contract shall be for a term of one-year, said date of term beginning upon. City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPi), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period_ 4. 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. 5. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability and automotive 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 Commercial General Liability insurance $1,000,000 General Aggregate w/environmental coverage Automotive Liability insurance For Any Auto: Combined Single Limit w/environmental coverage Workers Compensation insurance Statutory Amounts And/Or Occupational Medical and Disability insurance $1,000,000 S500,000 $500,000 City of Lubbock named primary additional insured on Auto/General Liability. Waiver of subrogation in favor of the City of Lubbock on all coverages. 6. 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. Phis Contract consists of the following documents set forth herein; Invitation to Bid 408-005-FO, General Conditions, 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 LUBBOCK David A. Miller, Mayor FL1111111 l5 Rebecd Garza, City Secretary APPROVED AS TO FORM: l stant Ci Attorney CONTRACTOR BY ' r W lJ—W•y A tho'red Representative C tivs7 �, 46S1 /NCB... ©. he owe2 j 5� Address 7�5 (o APPROVE TO CONTENT: 7— � --� s L. Adams Water Utilities Deputy City Manager