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HomeMy WebLinkAboutResolution - 2010-R0484 - Contract (No. 9744) For Bottled Water - Aqua One Water Company - 09/27/2010Resolution No. 2010-RO484 September 27, 2010 Item No. 5.21 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. 9744 for bottled water and water treatment systems -annual contract per ITB 10 -121 -DD, by and between the City of Lubbock and Aqua One Water Company of Lubbock, 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 _ September 27, 2010 TOM MARTIN, MAYOR ATTEST: Reb4cca Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operations Officer APPROVED AS TO FORM: Bryan Gre , Assistant City Attorney vwxcdocs: RES.Contract-Aqua One Water Company September 16, 2010 Resolution No. 2010—RO484 CONTRACT 9744 CITY OF LUBBOCK CONTRACT FOR SERVICES BOTTLED WATER AND WATER TREATMENT SYSTEMS - ANNUAL PRICING CITY OF LUBBOCK, TEXAS ITB 10 -121 -DD THIS CONTRACT made and entered into this 27th day of September, 2010, pursuant to a resolution heretofore adopted between the City of Lubbock ("City"), and Aqua One Water Companv, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Bottled Water and Water Treatment Systems as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the said, Bottled Water and Water Treatment Systems. 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 the Bottled Water and Water Treatment Systems specifically referred to as Item(s) No.I through 2 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; payment's do not include any applicable sales or use tax. 3. The contract shall be for a period of one year, said date of term beginning upon 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, whichever is most appropriate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 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. 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 City Right to Audit: At any time during the term of this 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 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 ITB -10 -121 -DD 24 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. 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 #10 -121 -DD General Conditions, Specifications, and the Bid Form. 8. 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: TYPE AMOUNT 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 wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' COMMERCIAL Liability in the general aggregate and per occurrence of an amount no less than $500,000. Automotive Liability, Any Auto, Combined Single Limit $500,000 (Any Auto) The City of Lubbock shall be named a primary additional insured Products/Comp/Op must be included 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. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 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 Employers Liability in the statutory amount of $ 500,000 or Occupational Medical and Disability. 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. ITB -10 -121 -DD 25 ITB 10.121 -DD - Bottled Water and Water Treatment systems- Annual Pricing 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: � � 7, Y P, ` ,-- Tom M rtin, Mayor ATTEST: RebeLVa Garza, City Secretary Lo APPROVED AS TO CONTENT: /I- /A� d Aarshaeed, hie Operation Officer APP" OV `AS ORM: Assistant City Attorney ITB -10 -121 -DD 26 CONTRACTOR: BY Authorized Repr sentative Address