HomeMy WebLinkAboutResolution - 2020-R0109 - Rapid Oil Change - 03/24/2020 Resolution No. 2020-RO109
Item No. 7.18
March 24, 2020
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. 15168 for Oil Change Service for
Light and Medium Duty Vehicles as per ITB 19-15168-RR, by and between the City of
Lubbock and Rapid Oil Change, 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 on March 24, 2020
DANIEL M. POPE, MAYOR
ATTEST:
L)X'6�
Re cca Garza, City Secr ary
APPROVED AS TO CONTENT:
Mark fearwoodO,Assistant City Manager
APPROVED AS TO FORM:
J
JAAj4.(,
Ili Leisure, Assistant City Attorney
ccdocs/RES.Contract 15168—Oil Change Service for Light and Medium Duty Vehicles
March 3,2020
Resolution No. 2020-RO109
Contract 15168
City of Lubbock, TX
Contract for
Oil Change Service for Light and Medium Duty Vehicles
THIS CONTRACT made and entered into this ?4 day of March 2020, by and between the City of
Lubbock("City"), and Rapid Oil Change Inc., ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Oil Change Service for Light and Medium Duty
Vehicles and bids were received and duly opened as required by law;and
WHEREAS,after careful consideration of the bid submitted by Contractor, the City authorized the execution,
in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Oil
Change Service for Light and Medium Duty Vehicles.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial
consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made
part hereof, Contractor will deliver to the City, Oil Change Service for Light and Medium Duty Vehicles and
more specifically referred to as"Exhibit A,"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.
3. The contract shall be for a tern of(1) year, with the option of(4), (1) year extensions, said date of term
beginning upon fon-nal approval. All stated annual quantities are approximations of usage during the time
period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities
will be detennined by actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The
Contractor must maintain the insurance coverage required during the tern of this contract including any
extensions.It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing
and Contract Management Department as required by contract or contract may be terminated for non-
compliance.
4. Prices quoted shall be set for a period for one(1) year, said date of tern beginning upon City Council date of
formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the
effective change in 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 rage for all items. If agreement cannot be reached, the
contract is terminated at the end of the current contract period.
5. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2)
perfonnance of services ordered,or(3)termination of by either party with a 30 day written notice.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.
7. Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance
Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the
coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required
information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER
THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective
period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and
prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well
as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by
the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any
extension hereof,at Contractor's sole expense,insurance coverage written by companies approved by the State of Texas
and acceptable to the City, in the following type(s) and amount(s):
TYPE OF INSURANCE COMBINED SINGLE LIMIT
GENERAL LIABILITY
M Commercial General Liability General Aggregate $1,000,000
❑ Claims Made ® Occurrence Products-Comp/Op AGG X
❑ W/Heavy Equipment Personal&Adv.Injury X
❑ To Include Products of Complete Operation Endorsements Contractual Liability X
Fire Damage(Any one Fire)
Med Exp(Any one Person)
PROFESSIONAL LIABILITY
❑ General Aggregate
AUTOMOTIVE LIABILITY
M Any Auto ❑ All Owned Autos
❑ Scheduled Autos ❑ Hired Autos
❑ Non-Owned Autos Per Occurrence $1,000,000
EXCESS LIABILITY
❑Umbrella Form Each Occurrence
Aggregate
GARAGE LIABILITY
M Any Auto Auto Only-Each Accident $1,000,000
❑ Other than Auto Only:
Each Accident
Aggregate
❑ BUILDER'S RISK ❑ 100%of the Total Contract Price
❑ INSTALLATION FLOATER ❑ 100%of the Total Material Costs
❑ CARGO
M WORKERS COMPENSATION—STATUTORY AMOUNTS OR
OCCUPATIONAL MEDICAL AND DISABILITY $500,000
M EMPLOYERS' LIABILITY $1,000.000
OTHER:COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases.
M To include products of completed operations endorsement.
M Waiver ofsubrogation in favor of the City ofLacbbock on all coverages, except
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense,to the City and all endorsements thereto
and may snake any reasonable request for deletion,revision, or modification of particular policy terms,
conditions, limitations, or exclusions (except where policy provisions are established by law or regulation
binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the
City,the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages,and shall pay
the cost thereof. Any costs will be paid by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of
insurance will contain and state,in writing, on the certificate or its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as
the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation,nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be
covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30
days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez,Director of Purchasing&Contract Management
City of Lubbock
162 13'1'Street,Room 204
Lubbock,Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor
shall not relieve the Contractor of frill responsibility or liability for damages and accidents as set forth in the contract
documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the
Contractor from liability.
8. 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.
9. The City reserves the right to exercise any right or remedy available to it by law,contract,equity,or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction.
Further,the City shall not be subject to any arbitration process prior-to exercising its unrestricted right to seek
judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision in, or related to, this
document,this provision shall control.
10. At any time during the teen of the contract, or 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 to the City 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 30 days of such audit fundings, or the City,at its option,reserves the right to deduct
such amounts owing the City from any payments due Contractor.
11. All funds for payment by the City under this contract are subject to the availability of an annual appropriation
for this purpose by the City. In the event of non-appropriation of funds by the City Council of the City of
Lubbock for the goods or services provided under the contract, the City will terminate the contract, without
tennination charge or other liability, on the last day of the then-current fiscal year or when the appropriation
made for the then-current year for the goods or services covered by this contract is spent, whichever event
occurs first. If at any time funds are not appropriated for the continuance of this contract,cancellation shall be
accepted by the Seller on 30 days prior written notice,but failure to give such notice shall be of no effect and
the City shall not be obligated under this contract beyond the date of termination.
12. The Contractor shall not assign or sublet the contract,or any portion of the contract,without written consent
from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall
insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all
contract Insurance requirements.
13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read,fully understands,
and will be in full compliance with all terns and conditions and the descriptive material contained herein and
any additional associated documents and Amendments.The City disclaims any terms and conditions provided
by the Contractor unless agreed upon in writing by the parties.In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor,the terns and conditions provided herein
shall prevail.The terms and conditions provided herein are the final terms agreed upon by the parties,and any
prior conflicting terms shall be of no force or effect.
14. TEXAS GOVERNMENT CODE SECTION 2252.15
The Contractor(i)does not engage in business with Iran, Sudan or any foreign terrorist organization and(ii)
it is not listed by the Texas Comptroller under Section 2252.153,Texas Government Code, as a company
known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in
the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such
term in Section 2252.151,Texas Government Code.
15. TEXAS PUBLIC INFORMATION ACT
The requirements of Subchapter J,Chapter 552,Government Code,may apply to This contract and
the contractor or vendor agrees that the contract can be terminated if the contractor or vendor
knowingly or intentionally fails to comply with a requirement of that subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to:
(1)preserve all contracting information related to the contact as provided by the records retention requirements
applicable to the governmental body for the duration of the contract;(2)promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession of the entity on
request of the governmental body; and (3) on completion of the contract,either: (A)provide at no cost to the
governmental body all contracting information related to the contract that is in the custody or possession of the
entity;or(B)preserve the contracting information related to the contract as provided by the records retention
requirements applicable to the governmental body.
16. HB 89
The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying
that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel"means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli-controlled territory, but does not include an action made for ordinary business
purposes,and
2. "Company"means a for-profit sole proprietorship, organization, association, corporation,
partnership,joint ventage, limited partnership, limited liability partnership, or any limited
liability company, including a wholly owned subsidiary, majority-owned subsidiary,parent
company or affiliate of those entities or business associations that exist to make a profit.
17. This Contract consists of the following documents set forth herein; Invitation to Bid No. 20-15168-RR,
Specifications,and the Bid Form.
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 LUBBO CONTRACTOR
IV
Daniel M. Pope, Mayor Authorized Representative
S Ti_=IJ L'nJ f�Dli--
ATTEST: Print Name
D'ob'u." .,A— 7300 J� 10.1AA419 ,9d�
Retie ca Garza,City Secretar} Address
U�3�6DciC'� 7-'r. 79`/23
APPROVED AS TO ONTENT: City, State,Zip Code
ig�Jo —
Billy Taylor, Director of heet Operations
A VEDAS O FORM:
3WAIL( -
elli Leisure, Assistant City Attorney
City of Lubbock
Fleet Services
Exhibit A
ITB 20-15168-RR
Oil Change Service for Light&Medium Duty Vehicles
U/M Description/Vendor Location Oil Change
1 EA Sedans
Rapid Oil Change Inc. Lubbock,TX $ 39.95
William's Brake,Tune,&Tire,LLC Lubbock,TX 40.00
Hub City Lube Lubbock,TX 45.49
McWhorter's LTD Lubbock,TX 46.06
2 EA Police&Fire SUVs
Rapid Oil Change Inc. Lubbock,TX 39.95
William's Brake,Tune,&Tire,LLC Lubbock,TX 40.00
Hub City Lube Lubbock,TX 45.49
McWhorter's LTD Lubbock,TX 46.06
3 EA %:&'% Ton Pickups
Rapid Oil Change Inc. Lubbock,TX 39.95
William's Brake,Tune,&Tire,LLC Lubbock,TX 40.00
Hub City Lube Lubbock,TX 45.49
McWhorter's LTD Lubbock,TX 50.69
4 EA 1 Ton Pickups
Rapid Oil Change Inc. Lubbock,TX 39.95
William's Brake,Tune,&Tire,LLC Lubbock,TX 44.00
Hub City Lube Lubbock,TX 45.49
McWhorter's LTD Lubbock,TX 50.69
5 EA Vans(all sizes)
Rapid Oil Change Inc. Lubbock,TX 39.95
William's Brake,Tune,&Tire, LLC Lubbock,TX 40.00
Hub City Lube Lubbock,TX 45.49
McWhorter's LTD Lubbock,TX 50.69
6 EA Chevrolet(Diesel Engine)
Rapid Oil Change Inc. Lubbock,TX 83.95
Hub City Lube Lubbock,TX 84.99
McWhorter's LTD Lubbock,TX 93.60
William's Brake,Tune,&Tire, LLC Lubbock,TX 108.00
7 EA Ram(Diesel Engine)
Rapid Oil Change Inc. Lubbock,TX 83.95
Hub City Lube Lubbock,TX 84.99
McWhorter's LTD Lubbock,TX 93.60
William's Brake,Tune,&Tire,LLC Lubbock,TX 108.00
8 EA Ford(Diesel Engine)
Hub City Lube Lubbock,TX 84.99
McWhorter's LTD Lubbock,TX 93.60
Rapid Oil Change Inc. Lubbock,TX 99.95
William's Brake,Tune,&Tire Lubbock,TX 114.00
City of Lubbock
Fleet Services
Exhibit A
ITB 20-15168-RR
Oil Change Service for Light& Medium Duty Vehicles
U/M Description/Vendor Location Oil Change
9 QT Oil.(Gasoline engines)6+quarts
William's Brake,Tune,&Tire,LLC Lubbock,TX 4.00
Rapid Oil Change Inc. Lubbock,TX 5.00
McWhorter's LTD Lubbock,TX 5.27
Hub City Lube Lubbock,TX 6.50
10 QT Oil. (Diesel Engines) 12+ quarts
McWhorter's LTD Lubbock,TX 5.90
William's Brake,Tune,&Tire Lubbock,TX 6.00
Hub City Lube Lubbock,TX 6.50
11 EA Transmission filter meeting O.E.M requirements
William's Brake,Tune,&Tire,LLC Lubbock,TX 38.00
12 EA Transmission fluid meeting O.E.M requirements
Rapid Oil Change Inc. Lubbock,TX NC
William's Brake,Tune,&Tire,LLC Lubbock,TX 8.00
13 QT Transmission oil pan gasket(when needed)
William's Brake,Tune,&Tire,LLC Lubbock,TX 30.00
14 EA Transmission Service(Labor for Filter& Fluid Change)
William's Brake,Tune,&Tire,LLC Lubbock,TX 130.00
15 EA Transmission flush(without removing pan)
William's Brake,Tune,&Tire,LLC Lubbock,TX 105.00
Rapid Oil Change Inc. Lubbock,TX 154.95
16 EA Wiper Blade Replacement(single blade)
Rapid Oil Change Inc. Lubbock,TX 8.50
William's Brake,Tune,&Tire, LLC Lubbock,TX 11.00
McWhorter's LTD Lubbock,TX 14.99
Hub City Lube Lubbock,TX 15.99
17 EA Air Filter
William's Brake,Tune,&Tire, LLC Lubbock,TX 14.00
Hub City Lube Lubbock,TX 18.99
Rapid Oil Change Inc. Lubbock,TX 19.95
18 EA Cabin Filter
Hub City Lube Lubbock,TX 24.99
Rapid Oil Change Inc. Lubbock,TX 39.95
William's Brake,Tune,&Tire,LLC Lubbock,TX 48.00
*Take Five Oil Change,Inc.-Non Responsive
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
loll
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the cite,state and country of the business entity's place Certificate Number:
of business. 2020-599903
Rapid Oil Change Inc.
Lubbock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03118/2020
being filed.
City of Lubbock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
15168
Oil Change Service for Light and Medium Duty Vehicles
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Hope,Steven Lubbock,TX United States X
Winchell, Roger Lubbock,TX United States X
5 Check only if there is NO Interested Party. r]
1
6 UNSWORN DECLARATION J �N—
My name is S / ��V ��p — , and my date of birth is_�� / _
My address is 730 2 .'.t),Q.4141JA /I kr �L U,6- 0C/C" , rX , 79,/.2,3 , 61_5_
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoin(ji is true and cot reci.
Executed in ._. County, State of on the__day of ,20
(month', (•/ear)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission w vw.ethirs.state.tx.us �r Version V1.1.3a6aaf7d
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2020-599903
Rapid Oil Change Inc.
Lubbock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03118/2020
being filed.
City of Lubbock Date Acknowledged:
03/19/2020
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
15168
Oil Change Service for Light and Medium Duty Vehicles
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Hope, Steven Lubbock,TX United States X
Winchell, Roger Lubbock,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d