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HomeMy WebLinkAboutResolution - 2007-R0450 - Contract - S&H Metal Works And Manufacturing Inc.- Refurbish Dumpsters - 09/27/2007Resolution No. 2007-80450 September 27, 2007 Item No. 5.12 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 contract and any associated documents with S & H Metal Works and Manufacturing, Inc., of Lubbock, Texas, for refurbishment of dumpsters—annual pricing as per bid 07 -073 -FO, which 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 27th day of September , 2007. IL DAVID A. ILLER, MAYOR blit Works Director ITB #07 -073 -FO, Renovation/Refurbishing of Dumpsters-Annual Pricing Resolution No. 2007—RO450 CITY OF LUBBOCK CONTRACT FOR SERVICES For Renovation/Refurbishing of Dumpsters — Annual Pricing ITB #67 -073 -FO THIS CONTRACT, made and entered into this 27th day of September 2007, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and S & H Metal Works and Mfg., Inc, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Renovation/Refurbishing of Dumpsters — Annual Pricing 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 Renovation/Refurbishing of Dumpsters. 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 Renovation/Refurbishing of Dumpsters specifically referred to as Item(s) No. One thru Sixteen 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. The contract shall be for a term of one-year, said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. 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 A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT Commercial General Liability insurance $ 300,000 General Aggregate Products-Comp/OP AGG Personal & Adv. Injury Contractual Liability ITB#07-073-F0 Aoc ITB #07 -073 -FO, Renovation/Refurbishing of Dumpsters-Annual Pricing Automotive Liability insurance $ 300,000 For Any Auto: Combined Single Limit Workers Compensation insurance $500,000 Statutory Amounts Employers Liability and/or Occuoatioinal Medical & Disability City of Lubbock named primary additional insured on Auto/General Liability. Waiver of subrogation in favor of the City of Lubbock on all coverages. The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insureds 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. 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. 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 -073 -FO, 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 David A. M er, Mayor ATTEST: Rebe a Garza, City Sccrc ary APPROVED .moi We ITB#07-073-FO.doc CONTRA T BY re Authorized Representative Address )Au � �- 7ED AST O T_, T, El er rook Managing irector of Solid Waste