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Home My WebLink AboutResolution - 2002-R0367 - Contract For Lube And Oil Services - Express Car Care, Inc. - 09/17/2002Resolution No. 2002-RO367 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, Express Car Care, 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 day of ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: vt�� Victor Kilman, Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney g0ccdocs/Contract-Express Car Care Inc.res September 4, 2002 2002. C MCD1OVGAL, MAYOR Resolution No. 2002—RO367 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 Express Car Care, Inc., ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 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. Ill. 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 p� above written. Executed in tripl CITY OF WBBOCK McDougal, ATTEST: Rebecca Garza, City Secretary APPROVED AS TO FO M: t Don Vandiver, First Assistant 6dy Attorney 021TBLube0i1BV.doc have caused this agreement to be executed the day and year first 29 CONTRACTOR ;ad Representativ Address .z APPROV AS TO CO�NT- Randy rvin, Fle ervices Manager qpr?M CERTIFICATE OF LIABILITY INSURANCE DATE 09/05/2002 PRODUCER 806)762-0544 FAX (806) 741-1527 Grimes Insurance Agency, Inc. 1651 Broadway ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lubbock, TX 79401 DATE (MMIDDIYY) LIMITS INSURERS AFFORDING COVERAGE INSURED INSURER A: Security National Ins. Co. Express Car Care, Inc. INSURER B: Trinity Lloyds Insurance Co. 7235 Quaker Avenue INSURER C: Trinity Universal Ins. Co. Lubbock, TX 79424 INSURER D: INSURER E: enveoer_ee MED EXP (Any one person) $ 5,000 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. lNbK LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MMIDDIYY) LIMITS GENERAL LIABILITY TXP1312S9002 09/28/2001 09/28/2002 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX I OCCUR FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 5,000 A PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JEPROCT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO TCA131258602 09/28/2001 09/28/2002 COMBINED SINGLE LIMIT . (Ea accident) $ 1,000,000 B ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILI TGP131258902 09/28/2001 09/28/2002 AUTO ONLY - EA ACCIDENT $ 11000,000 qANY AUTO OTHER THAN EA ACC $ 1,000,000 X Hired/Non-OwnAutos AUTO ONLY: AGG $ 3,000,000 EXCESS LIABILITY OCCUR a CLAIMS MADE U01312587701 09/28/2001 09/28/2002 EACH OCCURRENCE $ 11000,000 AGGREGATE $ 11000,000 C $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY C1312588 09/28/2001 09/28/2002 TORY ILAIMITS ER E.L. EACH ACCIDENT $ 100,000 C E.L. DISEASE - EA EMPLOYE 1$ 100,000 E.L. DISEASE -POLICY LIMIT 1 $ 500,000 A OTHER roperty-Building roperty-Contents XP131259001 09/28/2001 09/28/2002 $185,000 Bldg. -Special Form $80,000 Conts.-Special Form DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS E: Bid 8151-02/RS City of Lubbock, and its officers, employees, and elected representatives re named as Additional Insured as their interest may appear as regards General Liability an I d Auto Liability; Waiver.of Subrogation also applies to General Liability, Auto Liability, and Workers Comp. City of Lubbock Attn: Victor Kilman, Purchasing Mgr. P.O. Box 2000 Lubbock, TX 79408 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL R?W)r;)(C" MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, R4C7�iP>�k��t�Ffi)P4tR4QX�(�4hXIhQ7t�7€X�S3)PR9Q�9(nl9M9R�!-Xi@1t-1dXX 43xxIX+)Q4CIfPr�>'Pf?�t XXXXXX