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Home My WebLink AboutResolution - 2010-R0316 - Contract For Windshield-Annual Pricing W_Clear Vu Auto Glass - 07_08_2010Resolution No. 2010-RO316 July 8, 2010 Item No. 5.22 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9625 for Windshield - Annual Pricing, by and between the City of Lubbock and Clear Vu Auto Glass, of Lubbock, Texas per ITB 10-086-DD, 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 on July 8, 2010 TOM MARTIN, MAYOR ATTEST: .cp -a� Rebec Garza, City Secretary APPROVED AS TO CONTENT: LI/7" Mark earwood, Assistant City Manager Chief Information Officer APPROVED.,AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Clear Vu Auto Glass June 29, 2010 Resolution No. 2010—RO316 Contract No. 9625 CITY OF LUBBOCK CONTRACT FOR SERVICES Windshield Service - Annual Pricing CITY OF LUBBOCK, TEXAS ITB I0-086-DD THIS CONTRACT, made and entered into this 8T" day of July, 2010, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Clear Vu Auto Glass, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Windshield Service - Annual Pricing as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the of the said Windshield Service - Annual Pricing. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinaftdr referred to, the parties hereby covenant and agree as follows: 1. 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 Windshield Service - Annual Pricing specifically referred to as Item(s) No.l through 3 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; payment's do 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. Installation personnel shall be certified in automotive glass installation. 4. All glass supplied with this contract shall be manufactured in the UNITED STATES and shall meet the requirements of the original vehicle materials, such as tint, fit and applicable standards. Replacement windshield glass shall additionally meet the following Federal Motor Vehicle Safety Standards (FMVSS) related to automotive glass. 5. The contract shall be for a period of one year, said date of term beginning formal approval. The City and Contractor may, upon written mutual consent, extend the contract for four additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate, whichever is most appropriate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 6. 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. ITB 10-086-DD - windshield Service - Annual Pricing 7. The City Right to Audit: At any time during the term of this thereafter the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 8. 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 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 the 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 Contractor may maintain Occupational Medical 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' COMMERCIAL Liability in the general aggregate and per occurrence of an amount no less than 30$ 0,000. Automotive Liability, Any Auto, Combined Single Limit $200,000 The City of Lubbock shall be named a primary additional insured Products/Comp/Op must be included 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. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 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 of $ 500,000 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. 9. 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. 10. This Contract consists of the following documents set forth herein; Invitation to Bid #10-086-DD General Conditions, Specifications, and the Bid Form. ITB 10-086-DD ITB 10-086-DD - Windshield Service - Annual Pricing 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: Tom Martin , Mayor ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Mark arwoo , Chief In ormation Officer and Assistant City Manager APPR AST FORM ssistant City Attorney CONTRACTOR: Clear Vu o Gl BY Authorized Ir entati 7L//S' 'SZ-L--k S4-. Address L %-79 y 11'B 10.086-DD City of Lubbock, TX Fleet Services Bid ,tabulation July 8, 2010 BID 10-086-DD Windshield Service - Annual Pricing Resolution No. 2010—RO316 Item Qty U/M DescriptionNendor Location Unit Cost Extended Cost 1 139 EA Class l- Front Windshield Replacement Clear-Vu Auto Glass Lubbock, TX S 140 19,460 Glass Magic Lubbock, TX 162 22,518 Safelite Auto Glass Columbus, OH 175 24,325 Fisher Auto Glass & Auto Trim Lubbock, TX 185 25,715 2 2 EA Class I- Rear Glass Iteplacement Safelite Auto Glass Columbus, Oft 200 400 Glass Magic Lubbock, TX 220 440 Clear-Vu Auto Glass Lubbock,'rx 225 450 Fisher Auto Glass & Auto Trim Lubbock, TX 350 700 3 35 EA Crack and Ding Repair Front Windshield and Rear Glass Clear-Vu Auto Glass Lubbock, TX 20 700 Glass Magic Lubbock, TX 33 1,155 Fisher Auto Glass & Auto'Trim Lubbock, TX 50 1,750 Sarelite Auto Glass Columbus, OH 60 2,100 All or None, Items 1-3 Clear-Vu Auto Class Lubbock, TX S 20,610 Glass Magic Lubbock, TX 24,113 Safelite Auto Glass Columbus, OH 26,825 Fisher Auto Glass & Auto Trim Lubbock, TX 28,165 JE�!W CERTIFICATE OF LIABILITY INSURANCE OP ID RS "Hicimne"i CLEAR-1 06 3( PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Shofner Lynch 6 Shulse LLC-TX HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5106 Slide Road ALTER THE COVERAGE AFFORDED BY1fHE POLICIES BELOW. Lubbock TX 79414 Clear-Vu Auto Glass Brad Kin gg 7415 82nd St. Lubbock TX 79424 COVERAGES INSURERS AFFORDING COVERAGE INSURER A: Travelers INSURER S' INSURER C: INSURER D: INSURER E: NAIC # 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. INSK LTR AUD NSR TYPE OF INSURANCE POLICY NUMBER GATE POLICY MID EFFEYYYY ON DATE MMICTTr POLICY PIRATI Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 A X X COMMERCIAL GENERAL LIABILITY PACP-5963P792 03/31/10 03/31/11 PREMISESEaocau. $100000 CLAIMS MADE a OCCUR MED EXP (Arty one person) S 5000 PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE s 2000000 GENT AGGREGATE LIMIT APPLIES PER, PRODUCTS - COMPIOPAGG s2000000 17 POLICY PROJECT LOC A X AUTOMOBILE LIABILITY ANY AUTO BA-7793P493 03/31/10 03/31/11 COMBINED SINGLE LIMIT (Ea accident) 31000000 BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) 9 X HIRED AUTOS NON•OWNEDAUTOS X PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY- EA ACCIDENT I S OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S S DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PRO PRIETORIPARTNER(EXECUTIVr[::] - - TORY LIMITS ER E.L EACH ACCIDENT 5 OFFICERIMEMBER EXCLUDED? E.LDISEASE- EAEMPLOYE 5 (Mandatory In NH) If yos, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Classifications Limitation endorsement. Coverage is limited to the classes described in the policy. Coverages shown are at policy inception. The above mentioned certificate holder is listed as an additional insured. A waiver of subrogation also applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY013 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 0 THE LEFT, BUT FAILURE TO DO SO SHALL City of Lubbock IMPOSE NO OBLIGATION OR LIABILITY A K N0 UPON THE INSURER, ITS AGENTS OR Marta P. O. Box 2000 REPRESENTATIVES. TX 79401 AUTHORIZED REPRESENTATIVE Robert Clay Snyder ACORD 25 (2009/01) m 1988-2009 ACO The ACORD name and logo are registered marks of ACORD AMERICAN FIDEUIY ASSURANCE COMPANY Policy Schedule item 1. NAMED INSURED AND ADDRESS KING VENTURES DBA CLEAR-VU AUTO GLASS 7415 82ND ST LUBBOCK, TX79424 Policy Number: AFA10092 Endorsement Date: Endorsement #: Premium: 1, The Named Insured is: [ ] Individual [ ] Partnership or Joint Venture [)a Corporation vw• ti [ ] LLC [ ].Other Item 2. POLICY PERIOD: (Mo., Day, Yr.) _ r From 10/15/09 To 10/15/10 12:01 A.M. Standard time at the address of the Named Insured as stated herein. MAXIMUM COVERAGE PERIOD Weeks subsequent to each occurrence 1513 Item 3, SELF -INSURED RETENTION Accidental Bodily Injury Per employee Per occurrence $ 1, 000 Occupational Disease or Cumulative Trauma Per employee Per occurrence $ 1, 000 Item 4. COMBINED SINGLE INDEMNITY LIMIT Per employee Per occurrence $ 11000,000 Item 5. GENERAL POLICY AGGREGATE LIMIT $ 10,000,000 item 6. MEDICAL EXPENSE LIMIT Per employee Per occurrence $ See Item 4,s Item 7. TOTAL DISABILITY LIMIT Maximum weekly indemnity per employee $ 600 Days waiting period per employee per occurrence - 5 Maximum weeks total disability duration per employee per occurrence 156 Item 8. ACCIDENTAL DEATH OR DISMEMBERMENT LIMIT per employee $ tag item 9, PAYROLLS, RATES AND PREMIUMS: Estimated Payroll Premium Rate Deposit Premium 182,000 .8984 1,635.00 AFA-101 (11 /2005) aceimr, wht INSUREDS COPY Page 3 of 3 HLB 10/22/09 F_ 19 L -A A _r. 1= M. oM EM Ajees Resolution No. 2010-RO316 'TRAVELERS J One Tower Square, Hartford, Connecticut 06183 EUSINESSOWNERS COVERAGE PART DECLARATIONS GARAGE PAC POLICY NO.: IL-PACP-5963P792-TLC-10 ISSUE DATE: 03-31 -10 .INSURING COMPANY: THE TRAVELERS.LLOYDS INSURANCE COMPANY POLICY PERIOD; From 03-31-10 to 03-31-11 12 :01 A.M. Standard Time at your mailing address. FORM OFIBUSINESS: CORPORATION COVERAGES AND LIMITS OF INSURANCE: Insurance applies only to an item for which a "limit" or the word "included" is shown. COMMERCIAL GENERAL LIABILITY COVERAGE OCCURRENCE -FORM r LIMITS OF INSURANCE General Aggregate (except Products -Completed Operations Limit) $ 2,000,000 Products -Completed Operations Aggregate Limit $ 2,000,000 Personal and Advertising Injury Limit $ 1,000,000 E ach'Occurrence Limit $ 1,000,000 Damage'to Premises Rented to..You $ 300;000 Medical Payments -Limit (any one person) $ 5,000 BUSINESSOWNERS PROPERTY COVERAGE DEDUCTIBLE AMOUNT: Businessowners Property Coverage: $ 1,000 per occurrence. Building Glass: $ 1,000 per occurrence. BUSINESS INCOME/EXTRA EXPENSE LIMIT: Actual loss for 12 consecutive months Period of Restoration -Time Period: Immediately ADDITIONAL COVERAGE: 3A Fine Arts: $ 25,000 Other additional coverages apply and may be changed by an endorsement. Please read the policy. SPECIAL PROVISIONS: COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT MP TO 0102 05 (Pagel"Of 02) - ewvm{ n