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HomeMy WebLinkAboutResolution - 2002-R0370 - Contract For Lube And Oil Services - Woody Tire Company, Inc. - 09_17_2002Resolution No. 2002—RO370 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 Woody Tire Company, Inc. 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: S.), !r� nr— Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor-kilm,anAPurchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:/ccdocs/Contract-Woody Tire Co. res September 4, 2002 Resolution No. 2002—RO370 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 Woody Tire Company, Inc., ("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 ATTEST: Re cca Garza, City Secretary APPROVED AS TO FORM: Don Varrdiver, First ssistant City Attorney CONTRACTOR BYZ�0� 44!�� Authorized Representative Address / Gcjb6O`1E- 7,5e 7?y/a� APPROV AS TO CON . Randy rvin, Flee ervices Manager 021TBLube0i1BV.doc 29 Vol vvt Vc inU ii. oa ra,% - DALLAS ASM wiUUL FAX (972) 423•1701 UNIVERSAL, UNDERWR -CERS GROUP 101 East nark Boidt:vard. Suite 200 • I hno, TX 75074 CERTIFICATE OF INSURANCE Universal Underwriters Insurance Grog tp hereby certifies that the following insurance policies rave K-en issued on behalf of. NAME OF INSURED: Woody Tire ADDRESS OF INSURED: 1606 50"'tit.. Lubbock, TX 79412 TELEPHONE (972) 422-3339 COVERAGE POLICY NUMBER POLICY Pl--MOD OUR LIMITS Garagekeepers 217451-01 07/01/02 to 1)7/01/03 $90,000 Garage Liability 217451-01 07/01/02 to 07/01/03 $35%000 General Liability 217451-01 07/01/02 to 10/01/03 $350,000 per occurrence Hired and Non -Owned 217451-01 07/01/02 to 0/01/03 $350,000 Umbrella Liability 217451-01 07/01 %02 to ()7/01 /03 $2,000,000 No Aggregate The City of Lubbock, its agents, elected and appointed of licials, and employees are named additional insured as their interest may appear on the above mentionad policy. This Certificate of Insurance neither all innatively nor nc:l'atively amends, extends or alters the coverage afforded by the policies listed :diuve which havt been issued by this Company. in the event of any material change in, or cancellation of, said lwlicie: , the undersigned company will endeavor to give written notice to the party to whom this certifcate is issued, but failure to give such notice shall impose no obligation nor liability upon the Company. Certificate of Insurance prepared for: V ic:tor Kilmah-'Pus basing; Manager Chy of l.ubb6ck 1625 13"' Street, Itoom L04 Lubbock. TX 7940 This certificate is not valid unless countersigned by an auihorized representative ofthe company. Date: 09/04/02 C'ounteisigned by: _ ( kk Authn i,zed Represelitntive Account Number: 22107-00 C.M. Universal Underwriters is rated A )- by A.N1. Best. i A meml n n/'tbe @ Zurich finaunal Se— Group C1g7o0v o C�rr'1pM'MI Imwa.ew ummwmem In wrwu Cwnpnnr Sep 05 02 12:17p WOODY TIRE CO. 806 747 7507 SENT RV: EMPLOYER'S COMP ASSOCIATES, INC; 9729312126; SEP-5-02 12:18PM; LEXINGTON INSURANCE COMPANY (TIercin called the Company) Named Insured: Woody Tire Co., Tnc. Policy Number: EPIC 0154745 EMPLOYER'S PRIMARY INDEMNITY COVERAGE Policy Amendment No. 1 This Policy Amendment is attached to and made part of the Policy effective September 4, at 12:01 AM, Standard Time at the address of the Named Insured. It is hereby agreed and understood that, in consideration of timely payment of the required premium, Item 5 of the Declarations, Classification Codes, Payroll, die hates per $100 payroll, is hereby arnwided to read as klows: Classification Codes Annual Payroll Rates are Per $100 of 8809 $94,440 0.31 8810 $42,650 0.24 9391 $355,858 2.17 This Policy Amendment expires concurrently with the Policy and is subject to all of provisions, limitations and conditions of the Policy cxccpt as they are specifically modi by this Policy Amendment: PAGE 2/5 EPIC0011 (7108) LJ� 9/5/2002 p.2 Sep 05 02 12:17p WOODY TIRE CO. 806 747 7507 SENT 9Y: EMPLOYER'S COMP ASSOCIATES, INC; 9729312126; SEP-5.02 12:19PM; PAGE 315 LEXINGTON INSURANCE COMPANY (Herein called the Company) N;uned Insured: Woody 'fire Co., Inc. Policy Number: EPIC 0154745 ALTERNATE EMPLOYER ENDORSEMENT This Rider is atiached to and made part of the Policy effective 8/13/2002. It applies only with respect to ' Bodily Injury to Covered Persons while in the course of special or temporaryemployment by the Alt rnai Employer in the state named in the Schedule shown below, or in the employment of a franchisee of th Alternate Employer, provided such Injury occurs on nr after the effective date of this Endorsement. T its Endorsement is subject to all or the provisions, limitations and exclusions of the Policy except as thCM are speci fieally modiftcd by this Endorsement. The benefits of this Policy will apply as thuttbh the Ahe ate Employer is the Named Insured. We will reimburse the Alternate Employer for the benefits and/or legal indc omity assessed against th4 m up to the Combined Single Limit of the Policy, less benefits and/or legal indemnity reimbursed to you. in no event will total amounts paid under the Policy to Named Insured and all Alternate Empinyers exceed the Combined Single Limit of the Policy. The insurance afforded by this Endorsement is not intended to satisfy the Alternate Employer's duty o secure its obligations under the workers' compensation law. The teens, conditions and limitations of this Policy are not altered by attachment of this Schedule State Of Special, Temporary Alternate Employer Address or Franchise Employment The City of Lubbock TX THIS INSURANCE CONTRACT.IS WITH AN INSURER NOT LICENSED TO TRANSAC' INSURANCE IN THIS STATE AND IS ISSUED AND DELIVERED AS A SURPLUS LINES COVERAGE PURSUANT TO THE TEXAS INSURANCE STATUTES. THE TEXAS DEPARTMENT.OF INSURANCE DOES NOT AUDIT THE FINANCES OR REVIEW THI SOLVENCY OF THE SURPLUS LINES INSURER PROVIDING THIS COVERAGE, AND INSURER IS NOT A MEMBER OF THE PROPERTY AND CASUALTY INSURANCE GUj ASSOCIATION CREATED UNDER THE INSURANCE CODE, ARTICLE 2I.28-C. THE INSURANCE CODE, ARTICLE 1.14-2, REQUIRES PAYMENT OF 4.95 PERCENT TAX O GROSS PREMIUM Aut iorized Representative p.3 Sep 05 02 12:17p WOODY TIRE CO. 806 747 7507 SENT BY: EMPLOYER'S COMP ASSOCIATES, INC; 9729312126; SEP-5-02 12:19PM; PAGE 4/5 LEXINGTON INSURANCE COMPANY (Herein called the Company) Named Insured: Woody Tire Co., Inc. Policy Number: EFIC; 0154745 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS (SUBROGATION) ENDORSE) LENT This Rider is attached to and made part of the Policy effective 9/13/2002. It applies only with respect o Accidents or Occurmnces that occur on or after that date. It is subject to all of the provisions, limitati s and exclusions of the Policy except as they are specifically modified by this Endorsement. We have the right to recover our payments from anyone liable for an Injury covered by this Policy. We will not enforce our right against the person or organization mined in the Schedule shown below, but this i eaiver applies only with respect to Bodily Injury arising out of the operations described in this Schedule show i below, where you are required by a written contract to obtain this waiver from us. This Endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this Endorsement is included in the rates charged on the Policy to which this L:tuiors�ntent is attached. Schedule 1. (Blanket Waiver - Any person or organization for whom the Named Insured has agreed by written to furnish this waiver.) [XY7. Corporation] 2.Operations - (Retail Sales] The terms and conditions of this Policy are not altered by attachment of this Endorsement. Authorized Representative p.4 Sep US 02 12:18p WOODY TIRE CO. 806 747 7507 p.5 SENT BY: EMPLOYER'S COMP ASSOCIATES, INC; 9729312126; REP-5-02 12:19PM; PAGE 515 insured Company: , Woody Tire Co., Inc. Lexington Insurance Compauy 1606 50th This certificate is issued as a matter of Wormiliiun Lubbock, T 7f 79412- only and confers no rights upon the certificate holder. -This certificate does not amend, extend or alter the coverage atT'orded by the policy below. This .is to certify that the policies of insurance listed below have been issued to the insured named above for the poll period indicated, notwithstanding any requirement, term or cuadition of any contract nr other document with respect which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject all the term%, exclusions and conditions orxuch policies. Limits shown may have been reduced by paid claims. Type of Insurance Policy Number Occupational Accident Insurance EPIC 0154745 Limits Combined Single Limit Including Employer's Indemnity SI,000,000 Nductible $1,000 Benefit Period 104 weeks Weekly Indemnity 7$% Elimination Period 7 Days Waiver of Subrogation Yes . Policy Elf. Date Policy Exp. Date 8/ 1312002 8/ 13/2003 THIS INSURANCE CONTRACT IS WITH AN INSURER NOT LICENSED TO TRANSACT INSURANCE. IN THIS STATE AND IS ISSUED AND DELIVERED AS A SURPLUS LINES COVERAGE PURSUANT TO THE. TEXAS INSURANCE STATUTES. THE STATE BOARD U INSURANCE. DOES NOT AUDIT THE FINANCES OR REVIEW THE SOLVENCY OF THE SURPLUS LINES INSURER PROVIDING 'PHIS COVERAGE, AND THE INSURER IS NOT A MEMBER OF THE PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION CREATED UNDER THF. INSURANCE CODE, ARTICLE 21.211-C. THE INSURANCE CODE, ARTICLE 1.14-2i REQUIRES PAYMENT OF 4.$5PERCENT TAX ON GROSS PREMIUM. THIS IS NOT A POLICY OF WORKERS' COMPENSATION INSURANCE. THE EMPLOYEI DOES NOT BECOME, A SUBSCRIBER TO THE WORKERS' COMPENSATION SYSTEM BY PURCHASING THIS POLICY, AND IF THE EMPLOYER IS A NON -SUBSCRIBER, THE EMPLOYER LOSES THOSE BENEFITS WHICH WOULD OTHERWISE. ACCR[TE UNDER T WORKERS' COMPENSATION LAWS. THE EMPLOYER MUST COMPLY WITH THE. WORKERS' COMPENSATION LAW AS IT PERTAINS TO NON -SUBSCRIBERS AND THE REQUIRED NOTIFICATIONS THAT MUST BE FILED AND POSTED. City or Lubbock 'Should the above de4crawd puliuy be cwacekd before the explra 1625 l 3th Street dslc thcmot: the Jigging company will cn&ovnr to OUR IU days !written notius to the eertineate holder n#Aud to the loft, but failt {loom. L04 `lu mail such notice shall impale no OWil*Wll ur liability of any Lubbock, TX 79401- +kind upon the company, elm egew or reprcsemativec. Alin: Victor Kilman Aulhur6od Rqua;cnlatire om.allillt- =*&Am President. Empltryet't Comp Atcoci,tles. Inc.