HomeMy WebLinkAboutResolution - 2007-R0476 - Contract - Culligan - Bottle Water And Water Treatment Systems - 10/11/2007Resolution No. 2007—RO476
October H, 2007
Item No. 5.24
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and Culligan of Lubbock, Texas, for bottle water and water treatment systems annual
pricing per Bid 07 -072 -FO, which Contract and any associated documents, are attached
hereto and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 11th day of
ATTEST:
Re c::ca Garza, City ecret
APPROVED AS TO CONTENT:
October , 2007.
DAVID A. MILLER, MAYOR
Thomas Adams,
Deputy City Manager/Director of Water Utilities
APPROVED AS TO FORM:
i - -
Vandive , A ey of Counsel
DDres/Cull i ganBottle W ater07ConRes
October 3, 2007
ITB # 07 -072 -FO, Bottled Water and Water Treatment Systems -Annual Pnang
CITY OF LUBBOCK Resolution No. 2007—RO476
CONTRACT FOR SERVICES
For
Bottled Water and Water Treatment Systems -Annual Pricing
ITB #07 -072 -FO
THIS CONTRACT, made and entered into this l Ith day of October 2007, pursuant to a resolution heretofore
adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Culligan of Lubbock,
("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Bottled Water and Water Treatment Systems
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 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 to the City the Bottled Water and Water
Treatment Systems specifically referred to as Item(s) No. seven, eight, nine, ten 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.
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
Automotive Liability insurance $ 300,000
For Any Auto: Combined Single Limit
1TB#07-072-FO.doc
ITB # 07 -072 -FO, Bottled Water and Water Treatment Systems -Annual Pridng
The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as
additional insured's 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.
b. 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 laid 907 -072 -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. Mille , Mayor
ATTEST:
A -e
Re ecca Gama, City Secretary
CONTRACTOR
BY,
Author) ed Representative
Address
acv 3 L�,p3A 7 `i0-7
APPROVED TO FORM: APPRO TO CONTENT:
AT2t
rr�Q�
istant ty Attorney s
Deputy City Manager/Director of Water Utilities
ITW7-072-FQ.doc 2