Loading...
HomeMy WebLinkAboutResolution - 2012-R0236 - Contract - Clapsaddle Enterprise LLC - Vinyl Wraps Removal And Installation - 06_07_2012Resolution No. 2012—RO236 June 7, 2012 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 for and on behalf of the City of Lubbock, Contract No. 10644 for vinyl wraps removal and installation for Citibus, by and between the City of Lubbock and Clapsaddle Enterprises, LLC of Austin, 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 on June 7, 2012 J RTSON,MAYOR ATTEST: ['� -0-&" - - -5k- Rebe ca Garza, City Secrets APPROVED AS TO CONTENT: Quincy W10, Assistant City Manager APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:cedocs/RES.Contract-Clapsaddle Enterprises, LLC May 11, 2012 Resolution No. 2012—RO236 CONTRACT NO. 10644 CITY OF LUBBOCK, TX Contract For Services Vinyl Wraps Removal and Installation for Citibus ITB 12-10644-DG THIS CONTRACT, made and entered into this 7°i day of June, 2012, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Clappsaddle Enterprises LLC, ("Contractor"). W ITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Vinyl Wraps Removal and Installation for Citibus and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by the Contractor, the City of Lubbock authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said, Vinyl Wraps Removal and Installation for Citibus. 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, Vinyl Wraps Removal and Installation for Citibus, specifically referred to as Itern(s) No.1-16 on the Bid Form 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. 3 The contract shall be for a term of one (1) year, said date of term beginning upon formal approval. The contract may be renewed for an additional two (1) year terms under the same terms and conditions upon written agreement from both parties. 4 This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city, 5 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. 6 The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. The City Right to Audit: At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City. Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. This Contract includes incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions. 9 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 A- VII 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 the 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 Medical and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver 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. TYPE AMOUNT Commercial General Liability Per Occurrence: $500,000 General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability Any Auto: $500,000 Combined Single Limit Bodily Injury (Per Person) Bodily Injury (Per Accident) Property Damage Workers Compensation Statutory Amounts: $500,000 Employers' Liability And/or Occupational Medical & Disability The City of Lubbock shall be named a primary additional insured on a primary and non contributory basis, with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. 10 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. The contractor shall also maintain workers compensation insurance in the statutory amount. 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. 11. 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. 12. This Contract consists of the following documents set forth herein; Invitation to Bid # 12-10644-DG, 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 LUBBOC G ATTEST: Re cca Garza, City Secretary APPROVED AS TO CONTENT: Quincy Wh' ssistant City Manager APPR EQ S 7RM" Chad Weaver, Assistant City Attorney CONTRACTOR Authorized Representative Sf Print Name Address IC'r n ice? ,h , Fro 4: % —7 C e f l