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Home My WebLink AboutResolution - 2005-R0238 - Contract - Kitten Fertilizer & Supply Inc. - Fertilizer Application - 06_09_2005Resolution No. 2005-RO238 June 9, 2005 Item 36 RESOLUTION 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 Contract for fertilizer application, by and between the City of Lubbock and Kitten Fertilizer & Supply, Inc. of Slaton, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of Jae Z , 2005. AL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Randy Trues ell, Director of Community Services APPROVED AS TO FORM: City Attorney ml/ccdocsContract-Kitten Fertilizer&Supply.res May 26, 2005 Resolution. No. 2005- '039 CITY OF LUBBOCK CONTRACT FOR 9ERVICLS Fertilizer Application Contract No. 5978 Bid No. 05-057-MA THIS CONTRACT, made and entered into this 9th day of June, 2005, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Kitten Fertilizer & Supply. Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Fertilizer Application 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 Fertilizer Application. 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: 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 Fertilizer Application specifically referred to as Item(s) No. 144 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 City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 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 coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of B or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract 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 insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Commercial General (public) Liability insurance, per occurrence, in an amount not less than $500,000 including coverage for the following: Products /completed operations Personal & Advertising injury Contractual liability Automotive Liability insurance, per occurrence, in an amount not less than $500,000 combined single limit including coverage for the following: Any Auto The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as a primary additional insured under the policies. 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. Contractor's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate of insurance described below must reflect that the above working is included in evidenced policies. 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. 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. 7. This Contract consists of the following documents set forth herein; Invitation to Bid #05-057-MA, General Conditions, Insurance Requirements, 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 L Mayor ATTEST: R bbecca Garza, City Secretary APPROVED AS TO FORM: / 49:4-e-f AWK, Attorney CONTRA R BY JI,,)' Authorizolr presentkive r Address APPROVED,XS TO Truesdell, Oirector of Community Services JUN-Uf-dUU5(TUE) 15.24 HERTEL MCCLENDON LLP (FRX)8175141835 P.002/002 OP ID C Dw� P A_C..OI CERTIFICATE OF LIABILITY INSURANCE �TT_>,2 06 07os PROMICM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO MGM UPON THE CER I IF1CATE Hertel McClendon L.L.P. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1804 Mxr+ood Court ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Herat TX 76054-3190 Phone: 817-514-9520 Fax: 817-514-1825 INSURERS AFFORDING COVERAGE NAIC # ve"Itm INSURER K U-1"V wft SAaueeIMM aea INSURER B: Kitten Fertilizer, Znc. INSURER C: i°3 s?'g O7 6 ea t dno Slayton TXg9�4 INSURER D. INSURER E_ COVERAGE TH6 POLICIES of INSURANCE USTED Dr -LOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THG POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROCO DYTHH POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, L.TR OP CB POUCI NUANM D TE TION LBOTE x GENERAL LIABRdTY x COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR 41LX5026517-1 04/01/05 04/01/06 EACH OCCURRENCE � OOO , 000 xra PRf,MIREStWoanoa i100,000 MED EXP Wry ores parson) 35,000 PERSONAL SACV INJURY i 1 000 , 000 GENERALAGGRGGATC s2 000,000 GUITL AGGREGATE LIMIT APPLIES PER POLICY 7 JEC LOC PRODUCTS • COMPMP AGG $ 2 , 000 I 0 00 AUTQYOBELaLIABILITY ANYAUTO ALL OWNCO AUTOS SC14COULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accideno S DODILY INJURY (Per Peraanl i DODILY INJURY (Par mckleng i PROPCRTY DAMAGE (par xcdanl) i GARAGELIABILRY ANY AUTO AUTO ONLY• EA ACCIDENT S OTHER THAN U ACC AUTO ONLY: AGG 5 i NX0E99MY9RBI.I.A LIABOM OCCUR CLAIM i MADE DEDUCTIBLE RETENTION i EACH OCCURRENCE i AGGREGATE S i i i WORKWO C014PVWUT*N AND gmvLoy w LIABLLl1Y ANY PROPRER►PAElIECUTNE 4FFICCRlMOMBEABER EXCLUDED? Byyaa. dow1be under SPECIAL PROVISIONS bales TORYLINT R EL EACH ACCIDENT i E,LDISEASE- EAEMPLOYE i , E.L DISEASE - POLICY LIMIT i OTHER DEBCRIrTION OF OFBATEONS I LOCATIONS I VMQCLb'8I E MUBIOW ADDED BY ENDORSHUHNT / BPGCIAL. YROVOONS AS: Fertilizer Application =TB#05-057 Mh City of Lubbock and its officers, employees and elected reprosentat1ves are added as Primary Additional Insureds as the interest of each insured may appear with a Waiver of Subrogation whave required by written contract CERTIFICATE HOLDER CANCELLATION CITYLU8 SBOULD AM oP THE AWVE UMMED POIJI S BE CAN=LLM Ei 0%M THE VMRATION DATE THEDIEOF, TRB LSISLIINC TNSURsR WILL ENDEAVOR TO IYAL 30 DAYS wRnf mw City of Lubbock NOTICE'IO THE CBRTIPICATE MUM RAM TO THE LEM BUT (ALUM TO DO 30 SNALL ATTN : VictorManager Rieman Purchasing WKSE NO OBLIGATION OIL LIABRITY OF ANY Imlo UPIAI THE MUNK ITS AGDRS OR 1625 13th St., Room 204 A'a Lubbock TX 79401 1 !T�