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HomeMy WebLinkAboutResolution - 2002-R0369 - Contract For Lube And Oil Services. - 09/17/2002Resolution No. 2002-RO369 September 17, 2002 Item No. 45 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 for lube and oil services, by and between the City of Lubbock and Sundance Car Wash, L.L.P. of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 17th da. ATTEST: AD-,-P _r —e --g,, Re ecca Garza, City Secretary APPROVED AS TO CONTENT: vtoi 1,--*n Victor Kilman Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney g0ecdocs/Contract-Sundance Car Wash.res September 4, 2002 Resolution No. 2002—RO369 City Contract For Lube & Oil Services Bid No. 151-021RS CITY OF LUBBOCK CONTRACT FOR SERVICES THIS AGREEMENT, entered into this 17th day of September, 2002, between the City of Lubbock ("City"), and Sundance Car Wash, L.L.P., ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 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. II. 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 October 1, 2002, and thereafter from year to year for four additional years, 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 first twelve month period of the contract unless an exception 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. Workers' Compensation and Insurance. Contractors Liability Insurance_ 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: 021TBLube0i1BV.doc 28 Commercial General Liability: Combined Single Limit: $1,000,000 PerOccurrence $2,000,000 AnnualAggregate 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. 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. VI I. Entire Contract This Contract consists of the following documents set forth herein; Invitation to Bid #151-02/RS, 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 QY LUBB rc McDougal, ATTEST: Rebecca Garza, City Secreta APPROVED AS TO FORM: t Don Va d jy r, First A slstant CGty Attorney CONTRACTOR BY Authorized Representative Vn�rSt��,,11 Address �-"�O �' ~ `' —65 -7 91 APPRO D AS TO .TE )64 Randy Ervin, eet Services Manager 021TBLube0i1BV.doc 29 t r Ff20M MORGAN-EAVES AGENCY PHONE NO. : 8062965922 AC-0m. CERTIFICATE OF LIABILITY INSURANC ID A-1 DATE 09/05/42 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Morgan -Raves Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 716 Broadway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Plainview TX 79072 Phoue:806-296-5514 Fa3e:906-296-5922 INSURERS AFFORDING COVERAGE I"MSURED INSURER A: American Stab&91nS. Zb, . INSURER 8: Sundance Car plash LLP - 740I nhiiversitBA n315 Pranktord Lubbock TX 794 INSURER C; INSURER D. INSURER E: Sep. 05 2002 08:44AM P1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMFO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SVSJECTTO ALL YHE TERMS, EXCLUSIONS AND CONDITIONS OF SVCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCIM BY PAID CLAIMS. INSRI ;. POLICY EF VE ,POLICY LTR TYPE OF INSURANCE POLICY NUMBER DATE MMID DATE MMIDO LIMITS GENERAL UABILITY, f EACH OCCURRENCE $ 1 0 0 0 000 A X COMMERCIAL GENERAL LIABILITY :I ] CLAIMS MADE i xl OCCUR 04CC16055620 06/01/02 06/01/03 ': LIREDAMAGE (Any one ire) �MED EXP (Any One person) I S 200000 S 10 0 0 0 J - _I I PERSONAL&AOVINJURY $1000000 ; GENERAL AGGREGATE I $ 2000000 $ 2 0 0 0 0 0 O y GEN.'LAGGREGATE LIMIT APPLIES PER I PRODUCTS - COMP/OP AGG POLICY ' • Fes• 7 LOC AUTOMOBIL'ELIAOILITY . ANY AUTO I l COMBINED SINGLE LIMIT I (Qj ,Mdlenl) �— $ ' ALL OWNED AUTOS SCHEDULI26AUTOS BODILY INJURY (Per pemon) $ BODILY INJURY (Per accdem) $ 'p, HiREDAUT05 NON -OWNED AUTOS I PROPERTY DAMAGE (Per accident) $ GARAGE'LIABILI IY AUTO ONLY - EA ACCIDENT , $ $ ANY AUTO ` OTHERTHAN EA ACC AUTO ONLY: AGG S GXCESS UABILLTY I EACH OCCURRENCE $ OCCUR IJ CLAIMS MADE I AGGREGATE �S� DEDUCTIBLE RETENTION ..'S s WORKERS COMPENSATION AND I TORY LATU IMITS ER EMPLOYERS' LIABILITY _ -- E.L. EACH ACCIDENT S E.L. DISEASE � EA EMPLOYE$ j E.L. DISEASE • POLICY LIMIT I S OTHER I I . � DESCRIPTION OF OPERATIONSIL.00AT►ONSJVENCLESM=LUS(ONS ADDED BY ENDORSEMENWSPECIAL PROVISIONS City, of Lubbock its agent, elected and appointed Ot9iCials and employees are named 'as additional insured favored with a waiver of subrogation. CERTIFICATE HOLDER Y I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE. E'XPIRATIOD DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1O DAYS WRITTEN City of Lubbock NOTICE TO THE CERTIFICATE HOLDER NAMED -TO THE LEFT. BUT FAILURE TO DO SO SHALL GAX : 8 0 6 - 7 7 5 —a 164 IMPOSE NO OSUGATTON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1625 13th SO., Room L04 Lubbock TX 79401 RHPRESENTATIvEs. ACORD 25S 17l9n ©ACORD CORPORATION 1988