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HomeMy WebLinkAboutResolution - 2001-R0098 - Contract For Weed Shredding At Land Application Site - Nolan Pack Of Lubbock - 03/22/2001Resolution No. 2001-R0098 March 22, 2001 Item No. 32 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 weed shredding at the Land Application Site, by and between the City of Lubbock and Nolan Pack 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 this 22nd ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: � I-Ita Victor Kilman, Purchasing anager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:ccdocs/Nolan Pack -res March 9, 2001 day of March ?nni Resolution No. 2001-R0098 March 22, 2001 Item No. 32 CONTRACT FOR WEED SHREDDING AT THE CITY OF LUBBOCK LAND APPLICATION SITE STATE OF TEXAS § COUNTY OF LUBBOCK § This contract, (the "Contract"), effective as of the 22nd day of March , 2001, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas Home Rule Municipal Corporation, and Nolan Pack, (the "Contractor"). WITNESSETH WHEREAS, the City requires weed shredding services to be performed at both the Wilson Land Application Site and the Lubbock Land Application Site; and WHEREAS, the Contractor has the required qualifications to perform the weed shredding services and desires to perform the services, and WHEREAS, the City desires to contract with Contractor to perform the weed shredding services at the Land Application Sites, NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and Contractor hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of one (1) year from and after the Effective Date. ARTICLE II. COMPENSATION Contractor shall receive Six and no/100 DOLLARS ($6.00) per acre per cycle for each Land Application Site for a maximum of four (4) cycles. Payment under this Contract shall not exceed Seventy Two Thousand and no/100 DOLLARS ($72,000). Payment shall be made on a monthly based upon the acres shredded during the previous month. 1 City of Lubbock & Nolan Pack ARTICLE III. TERMINATION a. General. City may terminate this Contract, for any reason, upon thirty (30) days written notice to Contractor. b. Termination and Remedies. In the event Contractor breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. City or Contractor may, in its sole discretion, terminate this Agreement at any time, with or without cause upon thirty (30) days written notice. ARTICLE IV. REPRESENTATIONS AND WARRANTIES A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. Contractor has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms therof. D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in providing weed shredding services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to predictive maintenance services, as contemplated hereby. If any of the activities of Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. F. Use of Copyrighted Material. Contractor warrants that any materials provided by Contractor for use by City pursuant to this Contract shall not contain any proprietary material 2 City of Lubbock & Nolan Pack owned by any other party that is protected under the Copyright Act or any other similar law. Contractor shall be solely responsible for ensuring that any materials provided by Contractor pursuant to this Contract satisfy this requirement and Contractor agrees to hold City harmless from all liability or loss to which City is exposed on account of Contractor's failure to perform this duty. ARTICLE V. SCOPE OF WORK Contractor shall perform weed shredding services during the spring and summer months of 2001 on acreage at both Land Application Sites. ARTICLE VI. INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. Contractor has the sole discretion to determine the manner in which the services are to be performed. ARTICLE VII. INSURANCE A. General. Contractor shall procure and carry, at its sole cost and expense through the life of this Contract insurance protection hereinafter specified, in form and substance satisfactory to the City. City must approve all policies prior to the commencement of any activities whether performed by Contractor, subcontractor, agents, or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas and have a Best's Financial rating of A:Vll. A Certificate of Insurance specifying each and all coverage shall be submitted to City prior to the execution of this Contract. All insurance shall be prepared and executed by the insurance company or it's authorized agents and shall contain an endorsement naming the City of Lubbock an additional insured. Written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. All insurance, other than Workers' Compensation, shall provide a waiver of subrogation in favor of the City of Lubbock, and shall contain cross liability and severability clauses. B. Required Coverage. Contractor shall obtain and maintain policies of insurance throughout the Contract term in limits specified below. 1. Worker's Compensation. Contractor shall maintain Workers' Compensation and Employer's Liability insurance coverage as required by statute or coverage approved by the City Risk Management Coordinator. 2. Commercial General Liability. Contractor shall maintain Commercial General Liability coverage endorsed to include premises/operations, heavy equipment, contractual liability, 3 City of Lubbock & Nolan Pack independent contractors' and completed operations. The policy shall have a minimum of One Million and no/100 Dollars ($1,000,000.00) combined single limit in the aggregate and per occurrence. The City shall be listed as an additional insured. 3. Commercial Automobile Liability. Contractor shall maintain Commercial Automobile Liability coverage with a minimum of Three Hundred Thousand and no/100 Dollars ($300,000) combined single for Bodily injury and Property Damage and shall include any auto or in the alternative, owned autos, non -owned autos and hired autos. The City shall be listed as an additional insured. C. Subcontractors. Contractor shall require each subcontractor with whom it contracts to provide activities as contemplated by this Contract, to obtain proof of insurance coverage as set forth herein, and to provide to Contractor, prior to such person performing any such activities, a Certificate of Insurance establishing such coverage. ARTICLE VIII. EMPLOYMENT OF AGENTS Contractor may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of Contractor under this Contract provided that Contractor is in no event relieved of any obligation under this Contract. Any such agents, contractors, or third parties retained and/or employed by Contractor shall be required to carry, for the protection and benefit of the City and Contractor and naming said third parties as additional insureds, insurance as described above in this Contract. ARTICLE IX. CONFIDENTIALITY Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE X. INDEMNITY Contractor shall indemnify and save harmless the City of Lubbock and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of Contractor, its agents or employees, in the execution of this Contract. 4 City of Lubbock & Nolan Pack ARTICLE XI. COMIPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XII. NOTICE A. General. Whenever notice from Contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand. (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery). or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. F011t44 B. Contractor's Address. Contractor's address and numbers for the purposes of notice Nolan Pack Rt. 2 Box 261-A Lubbock, Texas 79415 Telephone: (806) 746-6031 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: John Hindman P. 0. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 767 - 3152 Facsimile: (806) 767 - 6209 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIII. MISCELLANEOUS 5 City of Lubbock & Nolan Pack A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate the services provided by Contractor D. Assignability. Contractor may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent Jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by Contractor and City. I. Entire Agreement. This Contract, contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. 6 City of Lubbock & Nolan Pack EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Rebecca Garza, City Secretary APPROVED AS ohn Hindman ,arm Manager APPROVED AS TO FORM: Assistant City Attorney JMK:cp C ityatt/John/WeedShredding-CITY. Contract March 8, 2001 LAN PACK City of Lubbock & Nolan Pack