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HomeMy WebLinkAboutResolution - 737 - Contract - Terra Testing Inc - Soil Analysis Report, Jones Station Tie-Line - 02/26/1981i RESOLUTION #737 - 2/26/81 DWR:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Terra Testing Inc., for professional consultant services as specified in the contract which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of February ,1981. A, a�zwf BILL McALISTER, MAYOR 'ATTEST'.- BE TTEST'.' Evelyn Gaffga;w City 9ecfe Airy -Treasurer i' APPROVED AS TO CONTENT: iiAll-,6!2�-- �� Carroll McDonald, Director of Utilities Sales and Service APPROVED AS TO FORM: IA /) t�? zz,� 2644-2� LW David W. Reagan, Ass st t City Attorney RESOLUTION #737 - 2 /26/81 d� �9�p CONTRACT ,10 STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 26th day of February , A.D. 1981, by and between the City of Lubbock, County of Lubbock, State of Texas, hereinafter referred to as "City", and Terra Testing Inc., of the City of Lubbock, County of Lubbock, State of Texas, hereinafter referred to as "Consultant". WITNESSETH: That the City and the Consultant do hereby mutually agree as follows: I. SCOPE OF SERVICES The Consultant hereby agrees and binds himself to perform the following services under the terms and conditions hereinafter stated, and the Consultant hereby accepts and agrees to perform such services: (a) Perform all drilling, field testing, sampling, laboratory testing, and engineering analysis necessary for the preparation of a soil analysis report on four holes at a depth of 20 feet. Such report and testing is for the design of an electrical tie -line from Jones Station to the Holly Avenue Electrical Plant. The location of such tie -line and the location of such test holes will be designated to Consultant by the City contract representative. Consultant shall prepare and submit to the City such soil analysis report. (b) Perform all engineering services necessary to complete and submit a foundation design on the four holes which the soil analysis report was prepared. (c) Consultant shall complete all phases of this contract in final form on or before the 30th day of April, 1980. II. CONSIDERATION The City shall compensate the Consultant for such services rendered. The compensation to be received by Consultant is estimated to be $1,600.00. All work and charges performed or made by Consultant shall be supported by payrolls, vouchers, receipts and other documentation of expenses substantiating the charges or work made or done. Such payrolls, vouchers, receipts and documentation of charges shall be in a form satisfactory to the City or the City contract representative, and must be submitted to the City before Consultant is entitled to any compensation or payment under this contract. In any event, the City will not pay Consultant an amount greater than $1,800.00 for work performed under this contract. EXTENSION OF CONTRACT The time within which any provision of this contract must be completed by Consultant may be extended by written authorization from the City; no additional compensation shall be paid to Consultant for work done under such an extension. IV. CITY CONTRACT REPRESENTATIVE The City hereby designates Tommy D. Buchanan its single representative with respect to this contract. All communication relative to the contract shall be addressed to this officer or to a delegate expressly named by him. V. INDEPENDENT CONTRACTOR Nothing contained herein shall be construed as creating the relationship of employer and employee between the City and the Consultant, and the Consultant shall be deemed at all times to be an independent contractor. VI. INDEMIFICATION Consultant agrees to indemify and hold the City harmless from any claims for injury, death, loss or damage of any kind or character, and by whom so ever suffered, occasion by or in connection with any services performed by the consultant, or by any act or default of the Consultant, either while his services are in progress or as a result of services performed by him. VII. LAW GOVERNING CONTRACT For the purpose of determing place of contract and the law governing same, this contract is entered into in the City and County of Lubbock, State of Texas, and shall be governed by the laws of the State of Texas. VIII. NON ASSIGNMENT This contract shall be deemed personal to Consultant and shall not be assigned without written approval by the City or the City contract representative. IX. FINDINGS CONFIDENTIAL All of the reports, information, data, ect., prepared or assemblied by Consultant under this contract are confidential and Consultant agrees that they shall not be made available to any individual or orgnaization without the prior written approval of the City. X. INSURANCE The Consultant shall procure and carry at his sole cost an expense throughout the life of this contract, insurance protection as hereinafter specified. Such assurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Consultant or a sub -contractor, or separate policies shall be provided covering the operation of each sub- contractor. (A) Professional Liablity Insurance. Consultant shall provide proof that he carries and maintains professional liablity insurance covering all operations in connection with this contract. (B) Workmen's Compensation and Employers Liability Insurance. Consultant shall secure and maintain workmen's compensation and employers liability insurance covering all employees employed on the job,, whether employed by the Consultant or any subcontractor on the job, as will protect him from claims under the Workmen's Compensation Act. (C) Owners Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Consultant will obtain a protective or contingent public liability insurance policy, which will also cover the liabilities of consultant specified in this agreement under paragraph VI, naming the City of Lubbock as an ad- ditional insured and the amount of such policy shall be as follows: $500,000 for bodily injuries, including accidential death, per occurrence, but limited to an aggregate amount of $500,000 and $100,000 for property damage per occurrence. (D) Automobile Insurance. The Consultant shall procure automobile insurance providing coverage as follows: In an amount not less than $ 100,000 for injuries, including accidential death, to any one person, but not less than $ 300,000 per occurrence, and in the amount of not.less than $ 100,000 for property damage. (E) Proof of coverage. Before work on this contract is commenced, the Consultant shall submit to the City for approval a certificate of insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The operations to which the insurance applies. (3) The name of the policy and the type or types of insurance enforced thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of the liability thereunder on the date borne by such certificate. (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character, which are undertaken by the insured during the per- formance of this contract, provided such operations are required in the per- formance of the contract. XI. EFFECTIVE APPROVAL OR PAYMENT Approval or payment by the City shall not constitute nor be deemed a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and Consultants for the accuracy and competence of the information provided or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by Consultant, its employees, con- tractors, agents and consultants. XII. SIMILIAR AGREEMENTS This Contract shall not be construed so as to deny the City its option to enter into similiar agreements with other consultants, engineering firms, companies or individuals, as City retains the right, at its option, to enter into such agreements to receive from any other source the same services as enumerated hereinabove under paragraph I. XIII. APPLICABLE LAWS This contract is entered into subject to the Charter and the Ordinances of the City of Lubbock, Texas, and applicable state and federal laws and regulations, and such laws shall be considered as part of this contract to the same effect as though embodied herein. XIV. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Consultants responsibility to prosecute the work contemplated by this contract in such a way as to exercise due care to prevent damage to all underground pipelines, utility lines, conduits or other underground structures that might or could be damaged by Consultant during the performance of this contract. Consultant agrees and understands that he will drill and perform all test under this contract only on the exact spots or locations which the City contract representative designates for drilling and testing to be performed. The City will be liable for all underground lines or structures cut or damaged by Consultant during the performance of this contact only when Consultant drills and tests in the exact spot or location as designated by the City contract representative. Should Consultant drill or test in a location different to the location designated by the City contract representative, then in that event Consultant will resume all responsibility and liability for the damage done to underground lines or structures in such undesignated location. Em TERMINATION This contract may be terminated by either party by seven days written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this agreement is so terminated, the Consultant shall be paid only for work actually performed and charges incurred up to the time of termination. Before any payment shall be made under this clause such work or charges incurred must be supported by such documentation as set forth in paragraph II. Dated this 26th day of February , 1981. TERRA TESTING INC. BY: President ATTEST: Secretary CITY OF LUB OCK BIL cAL STER, MAYOR ATTEST: -,- Evelyn Ga ga' City SAC -Treasurer APPROVED AS TO CONTENT: Carrbll McDonald, Director of sales &"Service APPROVED AS TO FORM: zL 7ta '-2 z2 61" David W. Reagan, Assisiiant 7ty Attorney NAME AND ADDRESS OF AGENCY CAM FANNIN INS. AGENCY, INC. P.O. Box 6745 Lubbock, Texas 79413 NAME AND ADDRESS OF INSURED TERRA TESTING, INC. AND C. V. G. VALLABHAN, INDIVIDUAL 1314 -35th Street Lubbock, Texas 79412 This is to certify that policies of insurance listed below have been issued to the of any contract or other document with respect to which this certificate may terms. axdusions and conditions of such policies. COMPANIES AFFORDING COVERAGES COMPANY IA LETTER American Casualty COMPANY B LETTER B Transcontinental Ins. Co. COMPANY C LETTER COMPANY D LETTER COMPANY LETTER ned above and are in force at this time. Notwithstanding any requirement, term or condition or may pertain, the insurance afforded by the policies described herein Is subject to all the UL5C:RIP1I0N OFF 0PERA1I0N5/LOC:ATIONS/VLHIGLL5 Concrete testing including drilling of samples - All owned/non-owned/6 hired automobiles. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail -ID— days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Lubbock DATE Lubbock, Texas / Attention: Tom Buchanan ACORD 25 (1-79) 5M2SEIZTATIVE Limits of L abli In Thousan s COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY f 500 E A © COMPREHENSIVE FORM CCP004772037 1-1-82 ® PREMISES—OPERATIONS PROPERTY DAMAGE E 100 $100 ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ® CONTRACTUAL INSURANCE PROPERTY DAMAGE E E ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS PERSONAL INJURY E El PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY E 250 (EACH PERSON) A jj'�� PLI COMPREHENSIVE FORM CCP004772037 1-1-82 BODILY INJURY E 500 (EACH ACCIDENT) R3OWNED p(J HIRED PROPERTY DAMAGE E BODILY INJURY AND NON -OWNED PROPERTY DAMAGE E COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE E E ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY B and WC006871073 1-1-82 EMPLOYERS' LIABILITY E 100 (EACH ACCIDENT) OTHER UL5C:RIP1I0N OFF 0PERA1I0N5/LOC:ATIONS/VLHIGLL5 Concrete testing including drilling of samples - All owned/non-owned/6 hired automobiles. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail -ID— days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Lubbock DATE Lubbock, Texas / Attention: Tom Buchanan ACORD 25 (1-79) 5M2SEIZTATIVE