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HomeMy WebLinkAboutResolution - 2007-R0298 - Contract - Ashbrook Simmon-Hartley Operations LP - Refurbish Gravity Belts - 07/12/2007Resolution No. 2007-RO298 July 12, 2007 Item No. 5.15 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 Services Contract and any associated documents with Ashbrook Simon -Hartley Operations L.P. of Houston, Texas, for refurbishment of gravity belts at Southeast Water Reclamation Plant, which Services 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 12th day of July , 2007• DAVID A. MILLER, MAYOR ATTEST: , pgt�!� — Reb cca Garza, City Secretary APPROVEUAS TO Tomas Adams Deputy City Manager/Water Utilities Director APPROVED AS T(ORM:_ andive`r, Aforney of DDres/AshbrookSvoConMes July 3, 2007 07 -051 -MA Southeast Water Reclamation — Refurbish Gravity Bell Resolution No. 2007—R02' CITY OF LUBBOCK CONTRACT FOR SERVICES For Southeast Water Reclamation Bid No. 07 -051 -MA THIS CONTRACT, made and entered into this 12th day of July, 2007, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Ashbrook Simon - Hartley Operations. LP, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for the refurbish of gravity belts at Southeast Waste Reclamation plant 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 said refurbishing of gravity belts at Southeast Waste Reclamation plant. 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: I. 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 refurbish of gravity belts at Southeast Waste Reclamation plant specifically referred to as Item(s) No. 1 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 bid submittal form Item No. 1; 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. The Contractor shall commence work within 10 days from the "Notice to Proceed" from the Owner and to complete the project with 90 days, unless otherwise agreed between the parties. The Contractor before commencing the work shall provide a performance bond made out to the owner for 100% of the amount bid, and shall be in force for a minimum of one (1) year from the date of fust beneficial use of the equipment. 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. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate, along with a copy of the primary additional insured endorsement, to the City which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. 07-051-MAdoc 07 -051 -MA Southeast Water Reclamation — Refurbish Gravity Belts INSURANCE COVERAGE REQUIRED The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): 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 — Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: Products and completed operations Personal Injury and Advertising Injury Contractual Liability Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $300,000 per occurrence, and include coverage for, but not limited to the following: Any Auto The City of Lubbock shall be named a primary additional insured 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. ADDITIONAL POLICY ENDORSEMENTS Contractor agrees to waive its right of recovery against the City of Lubbock for all claims and suits against the City of Lubbock, which are or may be covered by the above-described insurance coverages. In addition, its insurers, through policy endorsement, waive their right of subrogation against the City of Lubbock for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against the City of Lubbock for loss of its owned or leased property under its care, custody, or control. 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 must reflect that the above wording is included in 07-051-MAdoc 07 -051 -MA Southeast Water Reclamation — Refurbish Gravity Betts evidenced policies. All policies required above (excluding Workers' Compensation) shall include a severability of interest endorsement and shall name the City as a primary additional insured with respect to work performed under this agreement. Severability of interest naming the City of Lubbock, as primary additional insured shall be indicated on the certificate of insurance. The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: Name the City of Lubbock and its officers, employees, and elected representatives as primary additional insureds, (as the interest of each insured may appear) as to all applicable coverage; Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; Provide for notice to the City at the address shown below by registered mail; The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez - Purchasing Manager City of Lubbock 1625 13'h Street, Room 204 Lubbock, Texas 79401 Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. a. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; b. Provide for notice to the City at the address shown below by registered mail; C. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; 07-051-MAdoc 07 -051 -MA Southeast Water Reclamation — Refurbish Cavity Belts d. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. e. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. 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 # 07 -051 -MA, 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 CONTRACTOR BY o/ � " /.Feff Smith -CFO David A. Miller, Mayor Authorized Representative ATTEST: Rebe a Garza, City Secretary APPROVED AS Thomas Adams, Deputy City Manager/Water Utility Director APPROVED AS TO FORM: Assistant City Attorney P -Y( 07-051-MAdoc 11600 East Hardy Address Houston, Tx. 77043