HomeMy WebLinkAboutResolution - 2014-R0037 - Contract - Loftin Equipment Company - Generator Maintenance And Repair - 02/13/2014RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor ofthe Cityof Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock,Contract No.11689 for maintenance and repairof fixed
generator services,by and between the City of Lubbock and Loftin Equipment Company,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 February 13,2014
ATTEST:
Rebeica Garza, City Secretary
APPROVED AS TO CONTEN,
Scott Snider,Assistant City Manager
Community Services
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Contract-Loftin Equip Co
January 22,2014
GLEN C.ROBERTSON,MAYOR
CONTRACT 11689
CITY OF LUBBOCK, TX
Maintenance and Repair of Fixed Generators
Services
This Service Agreement (this "Agreement") is entered into as of the 1 P day of February 2014,
("Effective Date") by and between Loftin Equipment Company, (the Contractor), and the City of
Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals RFP 14-11689-MA for Maintenance and
Repair of Fixed Generators services,
WHEREAS, the proposal submitted by the Contractor has been selected as the primary contractor
which meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Maintenance
and Repair of Fixed Generators services, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City
and Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — General Requirements
3. Exhibit B — Price Proposal Sheet
4. Exhibit C — Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibit B, and hereto.
Article 1 Services
1.1 Contractor agrees to perform services for the City that are specified under the General
Requirements set forth in Exhibit A. The City agrees to pay the amounts stated in
Exhibit B, to Contractor for performing services.
1.2 Contractor shall use its commercially reasonable efforts to render Services under this
Agreement in a professional and business -like manner and in accordance with the
standards and practices recognized in the industry.
Nonappropriation clause. All funds for payment by the City under this Agreement are
subject to the availability of an annual appropriation for this purpose by the City. In the
event of nonappropriation of funds by the City Council of the City of Lubbock for the
goods or services provided under the Agreement, the City will terminate the Agreement,
without termination 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 Agreement is spent, whichever event occurs first. If at any time funds are
not appropriated for the continuance of this Agreement, cancellation shall be accepted by
the contractor on thirty (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 Agreement beyond the date
of termination.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms
of this Agreement shall be binding upon the parties unless reduced to writing and signed
by both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an
original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and
negotiated between the Parties for resolution. In the event that the Parties are unable to
resolve the claims, disputes, or other matters in question within thirty (30) days of written
notification from the aggrieved Party to the other Party, the aggrieved Party shall be free
to pursue all remedies available at law or in equity.
2.9 At any time during the term 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 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.
2.10 The City reserves the right to exercise any right or remedy 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.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUBBOCK, TX:
Glen j6. R ertson, Mayor
Rebe ca Garza, City Secretary
AP P VED TO `NTTE^
V I\
Scott Snider, Assistant City Manager
APPRO AST FORM:
Chad Weaver, Assistant City Attorney
CONTRACTOR:
Contractor's Signature
Loftin Equipment Company
Title
Exhibit A
GENERAL REQUIREMENTS
Contract Terms And Conditions
It is understood that any resulting contract executed will contain the following
Indemnification and Release language:
a) Indemnification
It is further agreed that the Contractor (separately and collectively the
"Indemnitee") shall indemnify, hold harmless, and defend the City, its officers,
agents, and employees from and against any and all claims, losses, damages,
causes of action, suits, and liability of every kind, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person or
for damage to any property arising out of or in connection with the work done by
the Contractor under this Contract. Such indemnity shall apply regardless of
whether the claims, losses, damages, causes of action, suits, or liability arise in
whole or in part from the negligence of the City, any other party indemnified
hereunder, the Contractor, or any third party.
b) Release
The Contractor assumes full responsibility for the work to be performed
hereunder and hereby releases, relinquishes, and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every
kind and character, including the cost of defense thereof, for any injury to or death
of any person and any loss of or damage to any property that is caused by,
alleged to be caused by, arising out of, or in connection with the Contractor's
work to be performed hereunder. This release shall apply regardless of whether
said claims, demands, and causes of action are covered in whole or in part by
insurance and regardless of whether such injury, death, loss, or damage was
caused in whole or in part by the negligence of the City, any other party released
hereunder, the Contractor, or any third party.
c) Non Arbitration
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.
1.0 GENERAL
1.1 The City of Lubbock owns and operates generators of various sizes and kilowatt
ratings in order to provide backup electrical power for critical equipment at a
number of principal City facilities.
1.2 The intent of these specifications is to secure the services of local factory
authorized service center that is actively engaged in field repair and service of
generators.
1.3 All work and equipment shall be furnished as outlined within these specifications.
1.4 Vendor shall furnish their own equipment and tools to perfonn all manufacturer
authorized service work and/or repair when warranted.
1.5 Vendor shall meet the requirements of the City of Lubbock for insurance.
1.6 Vendor shall comply with security policies in place by the City of Lubbock.
1.7 The Contract shall be for a period of one year, with an option to extend the
contract for two additional one-year periods. During the period of the Contract,
the Contractor shall provide all the services described in the Contract. The
Contractor understands and agrees that this is a requirements Contract and that the
City shall have no obligation to the Contractor if no services are required. Any
quantities that are included in the proposal form and/or specifications reflect the
current expectations of the City for the period of the Contract. The amount is only
an estimate and the Contractor understands and agrees that the City is under no
obligation to the Contractor to buy any amount of the services as a result of
having provided this estimate or of having any typical or measurable requirement
in the past. The Contractor further understands and agrees that the City may
require services in an amount less than or in excess of the estimated annual
Contract amount and that the quantity actually used, whether in excess of the
estimate or less than the estimate, shall not give rise to any claim for
compensation other than the total of the unit prices in the Contract for the quantity
actually used.
1.8 No modification, alteration, or waiver of any condition of this specification and
any amendments shall be valid unless in writing and executed by City of Lubbock
and Contractor.
1.9 Contractor must comply with all laws, regulations, requirements, and guidelines
applicable to a Contractor providing these services to the City of Lubbock as
these laws, regulations, requirements, and guidelines currently exist and as they
are amended throughout the term of this Contract. The City of Lubbock reserves
the right, in its sole discretion; to unilaterally amend this Contract throughout its
term to incorporate any modifications necessary for the City of Lubbock's or
Contractor's compliance will all applicable State and federal laws and regulations.
1.10 Except as provided in Section 1.9 of this specification, this Contract may be
amended only upon written agreement between the City of Lubbock and
Contractor; however, any amendment of this Contract that conflicts with the laws
of the State of Texas shall be void ab initio.
2.0 SCOPE OF WORK
2.1 These specifications will address three specific types of service work that are
required for this contract. The first level of service is an inspection to be
performed semi-annually, as requested by the department. The second level is a
fall maintenance service performed annually. The third level of service is a bi-
annual load bank test that will be scheduled at the request of the city department
representative. These items will be addressed in greater detail within these
specifications. The generators being considered are listed on the spreadsheet,
attached.
2.2 Vendor shall coordinate all service activities with the appropriate City
representative. A mutually agreeable service schedule shall be developed prior to
performing service work.
2.3 Vendor shall supply a field service report that includes a general inspection and
maintenance checklist on condition and recommendations for correction where
warranted prior to administering repair work.
3.0 PREVENTIVE MAINTENANCE INSPECTION - (PMI)
3.1 Each generator shall be inspected semi-annually, if authorized by the department.
If requested, scheduling for services shall be coordinated through the appropriate
City representative at least ten (10) business days prior to work being performed.
3.2 Upon completion of service, immediate repair(s) identified must employ
replacement parts exactly to manufacturer specifications as prescribed by brand
name generator.
3.3 When applicable, PMI service shall include but not be limited to the following:
• Inspect engine oil and coolant for proper levels and condition
• Inspect air filter(s) and crank case breathers
• Inspect and adjust belts, as required
• Inspect generator set for loose, bare, or broken wiring or connections
• Inspect generator bearings, slip rings, vibration isolators
• Inspect air and exhaust system including air inlet system, exhaust manifold,
valves and valve rotators, and exhaust duct
• Inspect operation of control panel and all associated metering devices
including voltmeter, ammeter, frequency meter, circuit breaker, and starting
controls
• Inspect governor operation, stability and linkage
• Inspect fuel tanks, fuel pumps and fuel lines for leaks or damage
• Inspect engine, heaters, radiator, hoses and heat exchanger for leaks and
condition
• Inspect inlet screen if water is supplied from a source other than a radiator
• Inspect condition of batteries (load test) electrolyte level and charge rate, and
replace as needed
• Start and run engine. Check engine operating temperature and all gauges for
functionality and proper operation.
• Inspect unit for proper frequency/speed, voltage and amperage
• Submit a written report advising of any further work required
• All leaks shall be noted on the report. Technician shall ensure no fluid leaks
are present before departure from the job site.
4.0 FULL MAINTENANCE SERVICE — (FMS)
Each generator listed in this project shall receive a Full Maintenance Service once every
12 months. All scheduling for services shall be initiated by the Vendor and coordinated
through the appropriate City representative at least ten (10) business days prior to work
being performed. When applicable, FMS shall include, but not be limited to, the
following:
• PMI
• Replace engine lubricating oil and remove used oil from premises
• Replace oil, fuel and coolant filters, add corrosion inhibitor as needed
• Natural gas/LPG fueled engines — inspect spark plugs, spark plug wires, and
rotor and cap and replace as needed
• Replace air filter and crankcase breathers as needed
• Adjust and replace belts as needed
• Inspect generator for loose, bare, or broken wiring or connections
• Inspect coolant for proper levels and condition
• Inspect all hoses and belts, replace as needed. Belts shall be tightened to OEM
standards.
• Change block heater and thermostats, as recommended by the manufacturer
• Inspect water pump
• Check fuel system including fuel lines, connections, and hoses; drain any
water from separator, and check fuel pressure.
• Check air and exhaust system including air inlet system, exhaust manifold,
valves and valve rotators, exhaust duct
• Check starting system including batteries, connections, battery charger, and
starting motor
• Technician shall ensure no fluid leaks are present before departure, wipe clean
and properly dispose of any fluids that may be spilled during FMS service
• Submit a written report advising of any further work required
• All leaks shall be noted on the report before departing from the job site
5.0 LOAD BANK TESTING
5.1 Each generator shall be scheduled a Load Bank Test at the request of the city
department representative. This test shall be performed immediately after the
FMS has been completed and shall be within the same time period.
5.2 All scheduling for Load Bank Testing work shall be initiated by the Vendor and
coordinated through the appropriate City representative at least thirty calendar
days prior to work being performed. Contact information for departmental
generators will be given at the City's pre -award meeting.
5.3 All scheduled generators shall receive a full test for two (2) continuous hours. As
minimum, these generators shall receive a test at intervals of approximately 25%,
50%, 75%, and 100% load. The 1250 kW generators shall each receive testing for
four (4) continuous hours. As minimum, these generators shall receive a test at
intervals of 25%, 50%, 75%, and 100% load, one (1) hour each interval.
5.4 During the Load Bank Test for all scheduled generators, recording shall be made
in 15 minute intervals for the following parameters, as minimum:
• Volts
• Amps
• Hertz
• RPM
• Hour meter reading
• Oil Pressure
• Temperature
• Battery Voltage
• kW
5.5 All recorded information shall be presented on a spreadsheet format along with
the generator information, generator ID #, V# (if equipped), and date. This
information shall be provided upon completion of all tests performed under this
contract. Information shall be furnished to the City within thirty (30) calendar
days of the final test date.
5.6 If any transformers are required to perform Load Bank Testing, it is understood
that the Vendor shall provide such transformers at no additional cost to the City
outside the scope of this contract.
5.7 In addition to Load Bank Testing, the following maintenance procedures shall be
performed, and pricing shall be included in the Load Bank Testing:
• Radiators shall be flushed and refilled with new coolant according to
manufacturer recommendations to provide freeze and boil protection
• Replace all hoses and belts on all listed units
6.0 PREVENTIVE MAINTENANCE SERVICE SITES
6.1 Please see the list of generators to be included in this RFP on Attachment.
6.2 Technician(s) shall remove all debris, discarded fluids and properly dispose of all
used upon completion of PMI, FMS, and Load Bank Testing performed at each
job site.
7.0 LOAD BANK TESTING SITES
7.1 Every two (2) years, the Vendor shall coordinate scheduling activities with the
appropriate City representative in order to perform load bank testing.
7.2 All Stationary units must be serviced at their respective locations.
8.0 ADDITIONAL REPAIRS
8.1 If the technician discovers repair work is necessary for proper operation during
PMI, FMS, or Load Bank Testing, the repair item(s) will be discussed with the
appropriate City representative for evaluation. If authorization to repair is granted,
the repair work will need to be performed by the factory trained technician.
8.2 Cost estimates shall be provided to the appropriate City representative prior to
repair work performed.
8.3 The City shall maintain the right to obtain offers for all repair work if the Vendor
submits a cost estimate that appears excessive.
8.4 As a part of the Proposal for this contract, each Vendor shall also guarantee that
all repair parts will be priced competitively at below list price levels.
8.5 All repair work authorized by the City shall be performed in a timely manner.
Vendor shall complete all repair work and shall ensure the generator unit(s) are
operating properly.
8.6 Under no circumstances shall the technician remove or bypass safety devices,
guards, or shields that would compromise the safety of personnel or jeopardize
proper operation of the equipment when service is complete.
9.0 EMERGENCY REPAIRS
9.1 During the time this contract remains in effect, the vendor shall provide
emergency repair services upon request by the City's representative.
9.2 When possible, all work shall be performed during normal business hours,
Monday through Friday between 8:00 A.M and 5:00 P.M. However, situations
could arise that may require immediate assistance during nights, weekends, or
holidays. Vendor shall maintain a commitment to provide repair services during
the entire term of this contract. Regular and overtime rates shall be clearly stated
in the proposal and shall include all labor, truck, and equipment costs.
Replacement items shall be quoted as the need arises. The vendor agrees that
these stated charges shall apply when invoices are prepared.
10.0 VENDOR QUALIFICATIONS
10.1 Vendor must provide technician(s) that are highly skilled with repair, setup,
diagnostics, and PM work associated with the generators listed herein.
10.2 Technicians shall provide their own tools and supplies at each job site.
10.3 Technicians shall perform all services in a timely manner to minimize the time in
which each generator is out of service.
10.4 Technicians shall be required to remove all debris, discarded parts and material,
discarded waste oil, coolant, and other fluids from each job site. Proper disposal is
the responsibility of the technician.
10.5 All pricing submitted in Vendor's proposal shall include expenses that will be
required during the course of this contract. Vendor shall submit total pricing for
all services, materials, labor, and other expenses that can be reasonably
anticipated for the services outlined in these specifications. Vendor shall not
increase pricing for any of these items during the time this contract remains in
effect. It is not necessary to provide this information separately but each Vendor
must consider these items as a part of their Proposal.
10.6 Each Vendor submitting a Proposal for this contract must supply information
regarding the experience of their company and the technicians employed by them.
This information is to be submitted with the proposal submittal.
Maintenance and Repair of Fixed Generators
RFP 14-11689-MA
Loftin Equipment Company
Exhibit B
Item
Qty
* U/M
Description
Semi-
Annual
Annual Full
Bi-
Annual Price -
Annual
Inspectio
Maintenance
AnnualLoad
Inspection, Full
Inspecti
n
Bank
Maintenance
on
Testing only
and Load Bank
As required
Testing
A.
B.
C.
D.
E.
F. =Ex2
G.
H.
L =F+G+H
1
1
EA
Cummins 1,000- KW - Model
$ 275
$ 550
$ 1,060
$ 2,750
$ 4,360
DFHD-5774238 as specified
2
1
EA
Onan/Cummins - 150 KW Model
195
390
295
898
1,583
DGFA-3371218 as specified
3
1
EA
Caterpillar 600 - KW, Model 3412
250
500
445
1,995
2,940
as specified
4
1
EA
Kohler 475 KW Model -
250
500
445
2,374
3,319
500REOZV as specified
5
1
EA
Caterpillar 120- KW Model D125-6
250
500
255
981
1,736
as specified
6
1
EA
Generac 100 KW Model -
225
450
200
852
1,502
7703260100 as specified
7
1
EA
Caterpillar 80 KW Model D80-6 as
250
500
205
889
1,594
specified
8
1
EA
Caterpillar 90KW Model 90-938 as
250
500
230
889
1,619
specified
9
1
EA
Stewart & Stevens 250 KW Model -
250
500
375
889
1,764
6V926DTA-2505B as specified
10
1
EA
Generac 350 KW Model -
250
500
545
1,658
2,703
7899070100 as specified
11
1
EA
Stewart & Stevens 200 KW Model -
250
500
330
1,040
1,870
6GDT200SD as specified
12
1
EA
Generac 150 KW Model -
250
500
155
801
1,456
9TI5068KNNN A as specified
13
1
EA
Cummins 200 KW - Model
250
500
210
918
1,628
NT335GS as specified
14
1
EA
Olympia 100 KW Model PLOOPL
250
500
215
837
1,552
as specified
15
1
EA
Caterpillar 150 AMPS Model 3304
250
500
320
1,056
1,876
as specified
16
1
EA
Kato 10 KW Model IOFPW4 as
250
500
55
701
1,256
specified
17
1
EA
Yamaha 60 KW Model EF6000 as
135
270
80
215
565
specified
18
1
EA
Caterpillar 400 KW Model C15 as
250
500
425
1,621
2,546
specified
19
1
EA
Olympian 50 KW Model D50P1 as
175
350
135
892
1,377
specified
20
1
EA
Olympian 50 KW Model D50P1 as
175
350
135
892
1,377
specified
21
1
EA
Olympian 50 KW Model D50P1 as
175
350
135
892
1,377
specified
Maintenance and Repair of Fixed Generators
RFP 14-11689-MA
Loftin Equipment Company
Exhibit B
Item
Qty
* UIM
Description
Semi-
Annual
Annual Full
Bi-
Annual Price -
Annual
Inspectio
Maintenance
AnnualLoad
Inspection, Full
Inspecti
n
Bank
Maintenance
on
Testing only
and Load Bank
As required
Testing
A.
B.
C.
D.
E.
F. =Ex2
G.
H.
L =F+G+H
22
1
EA
Caterpillar 1250 KW Model 3512
300
600
1,725
6,985
9,310
as specified
23
1
EA
Olympian 17 KW Model D 17LH 1 S
150
300
145
709
1,154
as specified
24
1
EA
Caterpillar 1250 KW Model 3512
300
600
1,725
6,985
9,310
as specified
25
1
EA
Caterpillar 400 KW Model C15 as
250
500
425
1,615
2,540
specified
26
1
EA
Caterpillar 155 KW Model SR-4 as
195
390
255
1,030
1,675
specified
27
1
EA
Caterpillar 1250 KW Model 3512
300
600
1,725
6,985
9,310
as specified
28
1
EA
Olympian 17 KW Model D17LH1S
150
300
145
709
1,154
as specified
29
1
EA
Cummins 1750 KW Model
300
600
2,450
4,801
7,851
DQKAA-7364865 as specified
30
1
EA
Caterpillar 1250 KW Model 3512
300
600
1,725
3,449
5,774
as specified
31
1
EA
Olympian 17 KW Model D17LH1S
150
300
145
709
1,154
as specified
32
1
EA
Onan 60 KW Model GGHE-
175
350
160
887
1,397
5635611 as specified
33
1
EA
Onan 100 KW Model
175
350
75
887
1,312
100GDBL3311A as specified
34
1
EA
Stewart & Stevenson 100 KW
250
500
250
887
1,637
Model G415JAY-002 as specified
35
1
EA
Multiquip 85 KW Model DCA-
250
500
210
892
1,602
8555K as specified
36
1
EA
Multiquip 85 KW Model DCA-
18555K
250
500
210
892
1,602
as specified
TOTAL $ 8,350 $ 16,700 $ 17,620 $ 62,462 $ 96,782
Emergency Repairs Response Time 2-4 hours
Labor hourly rate - 8 to 5 pm $ 90
Service call fee - 8 to 5 pm $ 180
Labor hourly rate - after hours $ 135
Service call fee - after hours $ 220
Exhibit C
Maintenance and Repair of Fixed Generators
CITY OF LUBBOCK, TEXAS
RFP 14-11689-MA
II. INSURANCE
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.
INSURANCE COVERAGE REQUIRED
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 AMOUNT
1. Worker's Compensation Statutory
and
Employers Liability $1,000,000
2. Commercial General (public) Liability insurance including coverage for the following:
a. Premises operations
b. Independent contractors
c. Products/completed operations
d. Personal injury
e. Advertising injury
f. Contractual liability
g. Medical payments
3. Comprehensive Automobile
Combined single limit for
bodily injury and property
damage of $1,000,000 per
occurrence or its equivalent.
Combined single limit for
Liability insurance, including bodily injury and property
Coverage for loading and unloading of $500,000 per occurrence
hazards, for: or its equivalent.
a. Owned/leased vehicles
b. Non -owned vehicles
c. Hired vehicles
The City of Lubbock shall be named additional insured with a waiver of subrogation in favor of the City on all
coverage's. All copies of the Certificates of Insurance shall reference the REP or proposal number for which the
insurance is being supplied.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements
thereto and may make 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.
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.
f. All copies of the Certificates of Insurance shall reference the project name or proposal number for which
the insurance is being supplied.
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 and Contract Management
City of Lubbock
1625 13t' 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 full 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.