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HomeMy WebLinkAboutResolution - 2002-R0366 - Contract For Lube And Oil Services - Bolton Oil Company, Ltd - 09_17_2002Resolution No. 2002—RO366 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 Bolton Oil Company, Ltd. 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 day of September. , 2002. MCDOVGAL, MAYOR ATTEST: Re ecca Garza, City Secre y APPROVED AS TO CONTENT: Victor Kilma , Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney g0ccdocs/Contract-Bolton Oil Cores September 4, 2002 Resolution No. 2002—RO366 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 Bolton Oil Company, Ltd., ("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. 11. 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- VIl or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: 021TBLubeCQBV.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 trip te. CITY OF M ATTEST: Reb cca Garza, City Secretary APPROVED AS TO FORM: Don Va er, First Assistant City Attorney CONTRACTOR BY Aut orized Representative 3/74 &Ugod 7%1 APPRCffD AS TO T . r� Randy Ervin, et Services Manager 021TBLube0i1BV.doc 29 ACOR .Q„ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYY) 09/03/2002 PRODU&ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOE SCHOENIG AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7402 UNIVERSITY AVE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LUBBOCK, TX 79423 INSURERS AFFORDING COVERAGE INSURED BOLTON OIL COMPANY, LTD INSURERA MID—CENTURY INSURANCE COMPANY B&B AUTO SALES,BOLTON OIL CHANGES INSURERS: TRUCK INSURANCE EXCHANGE 1316 54TH STREET INSURERc: FARMERS TEXAS COUNTY MUTUAL LUBBOCK, TX 79412 INSURERo: NATIONAL UNION FIRE INSURANCE CO 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 DOCUMENTWITH 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 L9IATTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAW. N LTRTYPE OF INSURANCE POLICYNUMBER DPO Y! CTNE POLICYnM LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F�71 OCCUR 6932 99 27 04-01-02 04-01-03 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) i MED EXP (Any one person) i 5,00( PERSONAL BADVINJURY i 1, 000, 00 GENERAL AGGREGATE i 2, 0 0 0, O O GEML AGGREGATE LIMIT APPLIES PER: POLICY JEcT F7 LOC PRODUCTS . COMPIOP AGG i 2 , O O 0 , O O C .AUTOMOBILELABLBY ANY AUTO ALL OWNED ALTOS SCHEDULED AUTOS HIRED AUTOS NO&OWNED ALTOS DRIVE OTHER 6932 99 28 0 4- 01- 0 2 0 4- 01- 0 3 COMBINED SINGLE LIMIT (Ea ecdden q i 1,000,000 X BODILY INJURY (P- Pew) i X BODILY INJURY (Per ecddenq i X X PROPERTY DAMAGE (Peraccident) i CAR COVERAGE GARAGE LIABLIiY ANY AUTO AUTO ONLY - EA ACCIDENT i OTHER THAN EA ACC AUTO ONLY: AGG i i D EXCESSUABLITY X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION i 10 , O O O BE1399754 04-19-02 04-01-03 EACH OCCURRENCE i 14 , 0 0 0, O O O AGGREGATE s14,000,000 i i i A WORKERSCOMPENSATION AND EMPLOYERS LYIBLTTY A2307 50 90 04-01-02 - 04-01-03 X I TORY LIMITS I I ER E.L. EACH ACCIDENT i Soo, O O E.LDISEASE- EAEMPLOYEE i 500, 00 E.L. DISEASE - POLICY UMT i 500,000 OTHER DESCRFTIDN OF OPEF ATK)NSILOCATX)NSIVEiICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPEC{AL PROVISIONS The City of Lubbock, its agents, elected and appointed officials, and employees are named as additional insureds and are favored with a waiver of subrogation. CERTIFICATE HOLDER ( ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE 00MATION City Of Lubbock DATE THEREOF, THE IMNG INSURER WILL ENDEAVOR TO MAL 30 DAYS WRITTEN P . 0. Box 2000 NOTICE TO THE CERTIFICATE HOLDER NAM ED TO THE LFfT, BUT FAILURE TO DO SO SHALL Lubbock, Texas 79402 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHOR2FD REPRESI(YATIVEn ` ACORD 25S (7197) if , + 0 ACORD CORPORATION 1988