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HomeMy WebLinkAboutResolution - 2007-R0477 - Contract - Aqua One Water Company - Bottle Water And Water Treatment Systems - 10/11/2007Resolution No. 2007-RO477 October 11, 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 Aqua One Water Company of Lubbock, Texas, for bottle water and water treatment systems annual pricing per Bid 07-072-170, 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 1 ith day of ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: October , 2007. DAVID A. MILLER, MAYOR Thomas Adams, Deputy City Manager/Director of Water Utilities APPROVED AS TO FORM: - 7 Vandiver"Attorney of Counsel DDres/AquaOneBottle Water07Con Res October 3, 2007 ITB # 07 -072 -FO, Bottled Water and Water Treatment Systems -Annual Pricing CITY OF LUBBOCK Resolution No. 2007—RO477 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 Aqua One Water Company, ("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: 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 Bottled Water and Water Treatment Systems specifically referred to as Item(s) No. one, two, three, four, five, six 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 ITB#07-072-FO.doc ITB # 07 -072 -FO, Bottled Water and Water Treatment Systems -Annual Pricing 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. 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 467 -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 IV David A. Miller, Mayor ATTEST: Re cca Garza, CitySecretary APPROVED FORM: -sistantCityxttor;e_*,J ITW7-072-FO,doc CONTRACTOR e�� 09',�_ BY Autho ' ed Repre native Addr _Iq APPROVED Deputy City Manager/Director of Water Utilities