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HomeMy WebLinkAboutResolution - 2002-R0368 - Contract For Lube And Oil Services - 09/17/2002Resolution No. 2002-RO368 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 Master Lube Express 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 ATTEST: CQC&'C� --e' C��� � - Re ecca Garza, City Secretary APPROVED AS TO CONTENT: vt ' l Kpoev'441� Victor Kilman, Vurchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney g0ecdocs/Contract-Master Lube Express.res September 4, 2002 day of September C MCJPOUiGAL, MAYOR Resolution No. 2002—RO368 September 17, 2002 Item No. 45 City Contract For Lube & Oil Services Bid No. 151-02/RS CITY OF LUBBOCK CONTRACT FOR SERVICES THIS AGREEMENT, entered into this 17th day of September, 2002, between the City of Lubbock ("City"), and Master Lube Express, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. 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. VII. 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 OF LUB McDougal' Mayor ATTEST: AA,t,c� ): Re cca Garza, City Secretary APPROVED AS TO FORM: r Don Va er, Fi st ssistant ity Attorney CONTRACTOR QIRZ�p-r�efi-ve Address j,u , I n4-5 -7170 APPRO D AS TO C ,- 7! Randy Ervin, F Services Manager 021TBLube0i1BV.doc 29 ACOR©�, CERTIFICATE OF LIABILITY INSURANCE o9;05/2002 PRODUCER (846) 793-8773 FAX (806) 793-7173 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Quisenberry & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4601 66th St., Suite B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lubbock, TX 79414 INSURERS AFFORDING COVERAGE INSURED Master Lube Express INSURER A: Southern County Mutual/ 6409 West 19th Street INSURERB: Lubbock, TX 79416 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 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 ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE MM/DD/YY POLICY EXPIRATION T MM/DDIYY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A GARAGE LIABILITY ANY AUTO X Non -Owned Autos 5616398-02 07/23/2002 07/23/2003 AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ 11000,000 $ 2,000,000 EXCESS LIABILITY OCCUR D CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STA U- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L.DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is named as Additional Insured & Waiver of Subrogation. IICR I I19W/i I C F1VI..UG.[ AUDI I ZONAL INSURED; INSURER LETTER VN1Vl_GLLJ4 i JUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Victor Kilman Purchasing Manager 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, - City of Lubbock BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1625 13th Street, Room L04 OF ANY KIND UPON THE COMPANY, ITS AGENOR REPRESENTATIVES. Lubbock, TX 79401 AUTHORIZED REPRESENTATIVE Todd Quisenberry , o IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (7/97)