HomeMy WebLinkAboutResolution - 2007-R0522 - Contract - International Diving Services LLC- Underwater Inspection And Cleaning - 11/08/2007Resolution No. 2007-RO522
November 8, 2007
Item No. 5.20
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 per BID #07 -082 -MA by and
between the City of Lubbock and International Diving Services, LLC, of Arlington,
Texas, for underwater inspection and cleaning of water storage facilities, 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 8th day of November , 2007.
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DAVID A. MILLER, MAYOR
ATTEST:
Reb c�Garz�aCity ecret
APPROVED AS TO CONTENT:
Thomas Adams
Deputy City Manager/Director of Water Utilities
APPROVED ASJO FORM:
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October 25, 2007
Resolution No. 2007—RO522
07 -082 -MA Underwater Inspection & Cleaning of Water Storage Facilities
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Underwater Inspection & Cleaning of Water Storage Facilities
Bid No. 07 -082 -MA
THIS AGREEMENT, entered into this 8`" day of November, 2007, between the City of Lubbock
("City"), and International Diving Services, LLC, ("Contractor").
WITNESSETH:
The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
I. Compensation.
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.
H. Scope of Work.
The Contractor shall perform the work according to the procedure outlined in the specifications and
Invitation to Bid attached hereto and incorporated herein.
III. Contract Term:
The period of this contract shall be for a period of one year beginning November 8, 2007, and
thereafter for two additional one-year periods, upon written agreement between both parties, provided,
however, that either party may at any time during the life of this contract, or any extension thereof,
terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to
cancel. Prices shall remain firm for the entire period of the contract, including yny extensions thereof,
unless an exce tion is stated in the bid.
IV. Relationship between City and Contractor.
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.
V. 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
07-oa2-M,A.doc
07 -082 -MA Underwater Inspection & Cleaning of Water Storage Facilities
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 $1,000,000 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.
VI. Successors And Assigns:
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.
VII. Entire Contract
This Contract consists of the following documents set forth herein; Invitation to Bid 07 -082 -MA,
General Conditions, Specifications, and the Bid Form.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year first above written. Executed in triplicate.
CITY OF LUBE I
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David A. Miller, Mayor
ATTEST:
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Re*ca Garza, City Secretary
07-082-MA.doc
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07 -082 -MA Underwater Inspection & Cleaning of Water Storage Facilities
APPROVED AS TO CONTENT:
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Thomas Adams, Deputy City Manager
APPROVED AS TO FORM:
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A stant Attorney
07-082-MA.doc