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HomeMy WebLinkAboutResolution - 3931 - Agreement - Circle Drive Contractors - Home Security Program, Rejected - 07/23/1992Resolution No. 3931 July 23, 1992 Item 415 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 Subcontractor Agreement for a Home Security Program Services, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST:4. nan���c YVJV, v. vJ va.v. �.vw.y_ APPROVED. -AS TO CONTENT: �. Sylvia art nez- ares Community Services Supervisor APPROVED AS TO FORM: 8 n&Td G. Va'hdlver; First Ass City Attorney I w7: js/HOMESEc.RES/D1-Ag—da U ******************************************************* * * * DELIVER TO: BEATRIZ RODRIGUEZ * * * * * * ORIGINAL * * SENT: 11/03/92 TIME: O8 35 * * FROM: RON %HUFFIELD * * SUBJECT: CIRCLE DRIVE * * PRINT DATE: 11/03/92 TIME: 08:36 * * * ******************************************************* BEA, REGARDING THE PREVIOUS HOME SECURITY BID SUBMITTED BY CIRCLE DRIVE CONTRACTORS. BID WAS REJECTED AND AGREEMENT NOT SIGNED DUE TO THE CONTRACTOR'S INABILITY TO SECURE THE REQUIRED INSURANCE. Resolution No. 3931 July 23, 1992 Item #15 CITY OF LUBBOCK — COMMUNITY SERVICES DEPARTMENT ROME SECURITY PROGRAM — SUBCONTRACTOR AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement made and entered into this 23rd day of July , 1992, is by and between the CITY OF LUBBOCK-COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as CITY, and A, of , Texas, hereinafter referred to as SUBCONTRACTOR. SECTION 1. CONTRACT PERFORMANCE. A. SUBCONTRACTOR will, in a satisfactory manner as determined by the CITY, provide turnkey installation of exterior doors and all items required in such installation. Installation of these products shall be in accordance with the manufacturer's instructions. B. SUBCONTRACTOR agrees to install the approximate quantity of 100 residential units, although actual quantities may be more or less. C. SUBCONTRACTOR agrees to furnish materials, labor, trans- portation, and expenses necessary in the performance of this Agreement, and is responsible for any damages or injuries that occur as a direct result of services being performed. D. SUBCONTRACTOR and CITY agree that all work will be awarded and performed by the issuance of a work order. Both parties will sign the work order, thereby agreeing to what work will be required. Such work orders shall be made part of this Agreement as if fully set out herein. E. SUBCONTRACTOR guarantees that all work will be completed in the required time and in sequence as agreed upon between CITY and SUBCONTRACTOR. F. SUBCONTRACTOR guarantees all workmanship performed on completed units will be to industry standards. Completed units will be inspected by CITY before payment can be made. Any work that is determined to be unsatisfactory by CITY must be reworked within seven (7) days at the SUBCON- TRACTOR'S expense. Payment will not be made until the work performed has been completed to the satisfaction of the CITY. G. SUBCONTRACTOR hereby agrees to accept total responsibility for payment to vendors, employees and/or subcontractors with whom he has made arrangements. Such arrangements will not be the responsibility of the CITY. H. SUBCONTRACTOR shall maintain the confidentiality of all records and information as required by the CITY. SECTION II. CITY OBLIGATIONS. A. Method of Payment. The CITY agrees to make payment thirty (30) days after all invoices are submitted and final inspection is performed. Such final inspections shall be evidenced by written certification of satisfactory completion by the CITY and certification of workmanlike completion by SUBCONTRACTOR. B. Amount of Payment. Payment will be made in the amount stated on the work order executed pursuant to -the accepted bid submitted to the CITY. SECTION III. TERMINATION. A. This Agreement may be terminated by either party upon giving thirty (30) days written notice to the other party. SUBCONTRACTOR AGREEMENT -- PAGE 2 SECTION IV. CONTRACT PERIOD. The period for performance of this Agreement shall com- mence on , 19 and terminate on , 19 . IN WITNESS THEREOF, the parties to this Agreement have ^uted this Agreement on .Tule 23 , 2� . . -DAVID R. X�WGSTON,%- MAYOR ATTEST io 4t=eRtBoyd,; City S cretary ',APPROVED AS TO CONTENT: Sylvia Mar inez-Flores Community Services Supervisor APPROVED AS TO FORM: nald G. andiver, irst Assistant City Attorney DGV:js/BCMESEC.DOC/D6-Cont.Agmts. SUBCONTRACTOR AGREEMENT -- PAGE 3 SUBCONTRACTOR: BY: TITLE ADDRESS ATTEST: Secretary I - A REQUEST FOR QUOTATION tlt CITY OF LUBBOCK 12244 ' PAGE P`162513th St0 Room L-04 T I Lubbock, Texas 79401 O ADDRESS CORRESPONDENCE OR QUESTIONS TO (806)767-2167 RON SHUFFIELD LUSBOCK TEXAS 806_767-ZIEL 20416 HELADIO TORRES T 1.514 E STANDFORD ° LUBBOCK TX 79403 it _ O ThE OPdc�r� DATE PRINTED 09/11/92 LOSING DATE REPLY DUE BY: t09/30/92 Bib must be haled le an envelops and addrt City of Lubbock Purchasing Mgr, Municipal Building, 1625 13th St. Rm. L-04 Lubbock, Texas 79401 AUTNORt2ED SIGNATURE ,/1 A A t .-. PAYMENT TERMS SNIP VIA '"' t t • r •.ares c' mqdole •n t • wtn • o i • •Iv a o. t -9 'no too gospel sib.lity O each bidder to insure the delivery O bids as accordance —111 said closing a t• and time rho 0n4e1111ne41 hereby offers to furnish and deliver the goods er sorvrcas as spaalud above t the Pons and ••rots stated and us mitt accordance -Ilk Ike are Zedo do as and the forms and cnd.t.oss on the reverse side barn,. 44 al oh,,k ra tn• art O this Oft. TELE►MONS b .D — 3 CO t DATE — ALL ITEMS StfOULO BE QUOTED F.O.O. LUBSOCK FREIGHT TERMS ITEM nccw or DATE QUANTITY UNIT C.O.L. STOCK NUMBER UNIT PRICE - AMOUNT 1 11/01/92 LT ITEM 12 05/31/93 COMMUNITY DE ELO MENT HOME SECURITY PROG AM THE PURPOSE DF TqIS ESTABLISH FIRM PRICING REQUEST FOR FUOTATION FOR A SEVEN MONTH IS TO PERIOD FOR THE GOODS AND SERVICES SERVICES HOME SECURITY REQUIRED FOR THE PR GRAM. OMMUNITY BIDDERS ARE EQU!STED FOR A TURNKEY IN6TALLATION TO PROVIDE MATERIAL OF EXTERIOR DOORS AND SERVICES AND ITEMS LISTED ON THESE PRODUCTS S rHE BID PROPOSAL FORM. ALL BE IN ACCORDANCE WITH ALL INSTALLATION OF THE MANUFACTURER'S I STRUCTIONS. THE APPROXIM TE JUANTITY OF UNITS IS 100, ACTUAL QUANTITIES MAY BE MORE OR LESS. BIDDER MUST IGN FORM. THIS IS ESSENTIAL BOTH THE RF FORM AND THE TOUALIFY BID PROPOSAL TO DO SO WIL RESULT YOUR IN BID EJECTION. BIO; FAILURE THE DETAILS F FOR DISCUSSI N D IS REQUEST FOR SUOTATIO RING A PREBID CNFERENCE WILL BE OPEN SEPTEMBER 23RD 1992 1625 13TH STRUT AT 10:00 AM, CONFE LU6BOCK, TEXAS. TO BE HELD ON ENCE ROOM 1082 -UBB THE CITY.OF AND ALL BIDSL CK RESERVE S THE RIGHT REJECT ANY ALL BIDDERS RE EVALUATED ON AN ALL EREBY NOTIFIED THAT BID OR NONE BASIS. WILL BE INCLUDE COMPETE LIST OF SPECIFICATIONS I 9ITH YOUR BID. Bib must be haled le an envelops and addrt City of Lubbock Purchasing Mgr, Municipal Building, 1625 13th St. Rm. L-04 Lubbock, Texas 79401 AUTNORt2ED SIGNATURE ,/1 A A t .-. PAYMENT TERMS SNIP VIA '"' t t • r •.ares c' mqdole •n t • wtn • o i • •Iv a o. t -9 'no too gospel sib.lity O each bidder to insure the delivery O bids as accordance —111 said closing a t• and time rho 0n4e1111ne41 hereby offers to furnish and deliver the goods er sorvrcas as spaalud above t the Pons and ••rots stated and us mitt accordance -Ilk Ike are Zedo do as and the forms and cnd.t.oss on the reverse side barn,. 44 al oh,,k ra tn• art O this Oft. TELE►MONS b .D — 3 CO t DATE — ALL ITEMS StfOULO BE QUOTED F.O.O. LUBSOCK FREIGHT TERMS IMPORTANT -'READ CAREFULLY BEFORE TERMS AND CONDITIONS GENERAL 1. ALL BIDS SHOULD BE MADE ON THIS FORM, BIOS MADE ON OTHER FORMS WILL NOT BE CONSIDERED UNLESS STATEMENT TO THIS EFFECT IS INCLUDED, -IN AC- CORDANCE WITH 910 REQUEST NO. AND SUBJECT TO ALL TERMS AND CONDITIONS THEREOF WE QUOTE AS FOLLOWS. - L ANY CATALOG OR MANUFACTURER'S REFERENCE IN THE PROPOSAL IS OISCRIP- TIVE BUT NOT RESTRICTIVE, AND IS USED ONLY TO INDICATE TYPE AND QUALITY. .IF, HOWEVER, THE BIDDER PROPOSES SIMILAR BUT NOT IDENTICAL ITEMS. HE MUST FURNISH FULL PARTICULARS. IF NO MENTION OF IS MADE OF ANY EXCEPTIONS IT IS ASSUMED THAT HE IS BIDDING ON THE ARTICLE SPECIFIED A%O NOT ON APPROV- ES EQUAL AND HE WILL BE REQUIRED TO DELIVER THE EXACT ARTICLE SPECIFIED. 3. PRICES SHOULD BE ITEMIZED. THE CITY OF LUBBOCK RESERVES THE RIGHT TO AWARD BY ITEM OF BY TOTAL 810, 4. TIME OF PROPOSED DELIVERY SHALL BE STATED IN NUMBER OF CALENDER DAYS. S. IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE EXTENSION, THE UNIT PRICE SHALL GOVERN. - 6. NOTE: THE CITY OF LUBBOCK IS EXEMPT FROM ALL FEDERAL, STATE, 3 LOCAL TAX. 00 NOT INCLUDE THESE TAXES IN YOUR 810 PRICE OR INVOICE TAXABLE ITEMS MUST BE SO DESIGNATED AND THE CITY WILL SUPPLY CONTRACTOR WITH TAX EXEMPTION CERTIFICATE PROPERLY EXECUTED. 7, PREFERENCE WILL BE GIVEN TO FIRM QUOTES, ITEMS QUOTED AT PRICE 1.4 EF- FECT AT TIME OF SHIPMENT WILL NOT BE CONSIDERED UNLESS A DEFINITE PER- CENT IS PLACED ON THE ESCALATION. It ALL BIDS MUST BE SIGNED. UNSIGNED BIDS WILL BE CONSIDERED AS NO BID AND WILL BE RETURNED TO VENOCR S. THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OF REJECT ALL OR PART OF AN OFFER AND TO ACCEPT THE OFFER THE CITY CONSIDERS THE MOST AO VANTAGEOUS TO THE CITY. ALTERIIATES ARE ACCEPTABLE IF IN THE CITY'S OPI- NION THE NECESSARY REQUIREMENTS ARE MET, STANDARD TERMS AND CONDITIONS CITY d LUBBOCK. TEXAS Seller and Buyer agree as fellows 1. SELLER TO PACKAGE GOODS Seller Unice package goods in accordance with good am- mereral practice. Each shipping contain*, %fall be closely and permanently marked as fetlewv (a) Soft*" $ name and address, (b) Co*siq.eo' s nam*, address and Purcna$e order at pur- chase reisase number and the supply agreement number if applicable, (e) Container number and total number *1 eontaineraL 6.9, boa 1 of 3 bones, and (d) the *umber of the COnta,aer bearing the packing all*. Seller shell beer cost of packaging unless otherwise prev,de4 Good shall be suitably packed to secure lowest transportation tests and to ganferm with re. gquirements *Icommon terriers and any sopbcsblo spocifioati*ns. Buyer's count Of weight shall be final and conclusive e. Sh.pmenta not accomPenrad by packing lists. L SHIPMENT UNDER RESERVATION PROHIBITED Sailor Is net authorized to ship the goods under reseevatisn end rte tender of a bill of lading will *Porto a$ a tender 'of goods. 3. TITLE 8 RISK OF. LOSS Tho btl and risk of less of the goods ahatl feel pass to Buyer until Buyer actually receives and takes possession of the goods at 1.e Paint or pinta d delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply with all provisions of this. contract *S to time of delivery, quality and the like. If a tender Is made which does not fully c*nfarm, this shall constitute a breach and Sellar shall net have the right to substitute a conforming tender, provided, where the time for per- formance has Cor yet expired, the Seller may seasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but notafterward. S. INVOICES & PAYMENTS . Seller shall submit separate invoices, in duplicau, +re each Purchase order er purchase release steer each delivery. Invaitas shall indicate the purchase Olde or purchase relessa Slumber and the supply *greotnest number if appficabla Invoices shall be itemized and Ireelpertetis* charges, d any, 0all be listed ssporetely. A copy *I the bell of lading, and the freight waybill when applicable, should be attacked to theinvoice. Mail To! Purchasing Department City of Lubbock, P.O. Box 2000, Lubbock Texas 79457, Payment shall net be due until the above instruments are submitted after delivery, Is. Do *ed include Federal Excise, State or City Sates Tax. 6, GRATUITIES The Buyer may, by written setice to the Seller, caned this contract without liability to Seller if it is determined by Bayer that gratuities, in the form of entertainment gilts Or otherwise, were offered or given by the Seiler, or any agent Of representative of the Seller, to any Officer or OmPlayee Of the City of Lubbock with a Video toward securing a contract or securing favorable treatment with respect to the awarding er amending, or the making OI any determinations with respect to the performing of such a eeetreet In the event this contract is canceled by Buyer Pursuant to this Provision. Buyer shall be entitled, in addition to any other rights and remedies, to re0av8r or withhold the *mount of the colt incurred by Seller in Providing such gretuitws. - - 7, SPECIAL TOOLS II TEST EQUIPMENT : If the Price stated on the foes hsff*f includes the test of any special tooling or special test equipment fabricated at required by Seller for the Purpose of filling this order, such special tooling equipment a -d any process shoes relator ed th*te shall become the Property of the Buyer and to the serest feasible shall be identifiedby the Seller as such. 8. WARRANTY -PRICE a. The price to be paid by the Buyer shall be that contained in Sellor's bid which Soifer warrants e* be .o higher that Seller's current prates *n orders by stars for products of the kind and Specification covered by this agreement ler similar quaatites under vmelo of like conditions and methods Of purchase. In the event Seller beaches this warranty, the pried$ Of this items shall be reduced to the ShcSt a Current Prices ON *liters by others, or fn the alternative, Buyer may cancel this contract without liablity to Seiler ler breach or Seller's actual expense. Is. The Seiler warrants that no pons* or $ailing agency has boon empleyed of retained IS Solicit of totole this Contrast Upo4 an agreement or understanding ler commission, person - tale. brokerage. er es*tmge*t too excepting bona fide employees of bans, fide established commercial or selling agoncios msiatsine4 by Tho Seller for the parpese ofsecar•.9 business. For booh d tn eentfas Of this worn*wry Me Buyer shag have the none lie add,hoo to say other right ofrights to Centel this contract anthwt kabl,ty and to do elct from the contract ;rico,. or otherwise recover without liability sea to deduct Nem the footrest Price, or other - amount Of such commies.•.. Percentage. brokerage of contingent ha �r MAKING bI[) S. WARRANTY -PRODUCT Sellar shall net limit or exclude say hineffied warranties and any attempt to de se shall lander this contract voidable at the option at the Buyer, Seller rants that the goods furnished will center'" to the specifications, drawings, and descrip• Gens listed in the bid invitation, and to the samplO(s) furnished by the Seller, if say, h event Of.a conflict of between the spocifications, drawings, and descriptions, the speeM shell govern. 10. SAFETY WARRANTY Seller warrants that the product sold to the Buyer shall conform standards Promulgated by the U. S, Department of Labor Under the Occupational Safety and Health Act of 1970. In the avant the product does net Conform to OSHA standar Bayer may return the product for correction or replacement at the Sells(,, expense. In event Sellar fails to make the appropriate correction within a reasonable time, torrectia made by Buyer —11 be at the Shcor's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As part of this contract for salt Sellar agrees to ascertain whether goods manufactured in accordance with the specified Gens attached to this agreement will give rise to the rightful claim of any third person way Of infringement of the like. Buyer makes rte warranty that the production of goods carding le the specification will'.ot give rise to such a claim, and in no went shad B be liable to Seller for indemnification in the went that Seller is sued on the grounds e ingemenl or the like. N Sellar is Of the Opinion that an infringement or the like will res he will notify the Buyer to this effect in writing within two weeks alter the signing Of agreement N Buyer does not receive notice and is subsequently held liable for the infr iasnt or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the ties OI the goods in accordance with the sPaetfieations will result in infringement or the like, this contract shall be null and void. 12, RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery be accepting them. 13. CANCERATION Buyer shell have the right to Ceneol for state all or any pert of the Undelivered portion of this order if Seller breaches any Of the forms hereof including wi ranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Suet right of COneellation is in addition to and net in lieu of any other remedies which Buyer have is low or equity. . 14, TERMINATION The Performance of work under this order may be terminated in whole, t in Pert by the .Buyer in accordance with this provision. Termination of work hereunder S be Selected by the delivery of the Seller of a -Notice of Termination- specifying the ax is which performance of work under the order is terminated and the date upon which si termination becomes effective. Such light Of termination is is addition to and not in hes ofthe rights el Buyer sot forth in Clause 13, herein. . 7 13. FORCE MAJEURE Neither party shill be hold responsible for losses, resulting if the full moot Of any Terms of Provisions of this contract is delayed or prevented by any cause within the control of the party whose performance is interfered with, and which by the cite of reasonable diligence said parry is unable to prevent 16, ASSIGNMENT -DELEGATION No right or interest in this contract shall beesaigitad or it ` lion of any obligation made by Sellar without the written permission of the Buyer. Any tempted assignment or delegation by Seller shall be wholly void and totally ineffective 1 Oil Purpose Unless made in Conformity with this paragraph, 17, WAIVER NO claim or right arising out of a breach of this Contract can be discharged a, or in part by o waiver or renunciation of the claim or right unless the waiver or renunt is supported by consideration end is in writing signed by the aggrieved parry, 18. INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents I vided by Seller as port of his bid, is intended by the parties as a final expression of agreement and is intended also as a Complete and exclusive statement OI the terms of agreemexe. Whenever a tom defined by the Uniform Commercial Code is used in this as mens the definition contained in the Cede is to control, 19. APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code Wherever the tum 'Uniform Commercial Codi is used, it shall be construed as meaning She Uniform Commercial Code as adopted in the State of Texas as effective and in fere on the due of this agreement 20. RIGHT TO ASSURANCE Whenever one party to this contract in good faith has reale. t quastio* the ether party's intent to perform he may demand that the other parry give w tan assurance of his 'Ment to 'P*ff*rm. In the went that a demand is meds and no all is givenwithin live (5) days, the demanding party may legal TMs failure as an anta:.tpe, repudiation of the contract 21, INDEMNIFICATION Tailor shall indemnify, keep and save harmless the Buyer, its agents. Officials and employees, against all injuries, deaths, loss, damages, claims, patent cfe.m$. suits, liabilities, judgements, caste and oxponsas, which may in anywise acture against t• Buyer ta co*ooquence of the granting of this Contract or which may anyw,sa result therefrom, whether er not it shall be alleged or determined the, the set was caused Iter noglig*nee Of amglioo of the Seller or its employees. Or Of the subcontractor or ass.gat or its emyloyeos, +T .any, and the Seller shall, at hitt own O-Pense,_ OPPgar, defend old 1 all charges at attorneys and all tests and ether expOntes arising therefrom or Acu,.od tohnOcti*fe therewith, and, if any judgement shall be rendered against the Buyer in any t _action, the Seller shall, at its own OsPOnses. Satiny and discharge the same. Seller oq• vnderotands and agrees that any bond required by this contract, Of Otherwise provided b Seller, shall in n* way limit the responsibility to indemnify, keep and save harmless and defend .the Buyer as herein provided. 22. TIME 1, is hereby expressly agreed and understood that time is ef the essence for the a brmanco of this Coalesce. and failure by coalesce to meet the time specifications of Ihis agreement will cause Seller IS. -be in default of this agreement 23. MBE The City of Lubbock hereby notihos all bidders that is regard to any contract enter into Portugal te this request minority end woman business enterprises will be afforded equal OP►ortun,pes IS submit Will in response ta Ill., invitation and well net be dncr.mint aga.esl es the grounds of race, color, eras Of featiSxal origin i. Consideration far as ewer 20416 T O REQUEST FOR QUOTATION PAGE CITY OF LUBBOCK 12244 2 PURCHASING DEPARTMENT 1625 13th SL Room L-04. ADDRESS CORRESPONDENCE OR QUESTIONS TO Lubbock. Texas 79401 (606) 767-2167 RON SHUFFIELD 806-767-2170 S H P T p 0 THe W Not An Ordw PRINTOATED 109/11/972 CLOSING DATE REPt.Y DUE BY: 09/30/92 ITEM ' "" QUANTITY UNIT `.w.L 41 V"` -- Unit DATE NUMBER PRICE AMOUNT STATE THIS BID'S NUMBER AND CLOSING DATE ON THE FRONT ?F YOUR REPLY ENiVELOPE. FAILURE TO DO SO COULD PREVENT HE TIMELY DELIVERY OF YOUR BID OFFERING TO THE PROPER DEPARTMENT AND I'DIVIDUAL. YOU MUST SIGN THUS FORM AND RETURN IT WI H YOUR BID. IDENTIFY THEI ITEM BID, INCLUDING BRAND.N ME AND MODEL NUMBER, IF APPLICABLE IN THE C.O.L. STO K NUMBER COLUMN. ENR U IT A�1D TOTAL PRICES IN HE COLUMNS PROVIDED. THIS INFORM ION�IS ESSENTIAL TO pUALIFY YOUR BID• OMISSIONS MAZY RE ULT IN BID REJECTION. LEASE DIRECT ANY QUESTIONS T THE BUYER NAMED ABOVE. QUOTATION MUT BE RETURNED TO THE PURCH ING DEPARTMENT 0 LATER THAN 3; 0 P.M. ON THE CLOSING 0 TE NOTED ABOVE Bids m•st be tested in an envelope and addressed: City of Lubbock Purchasing Mgr. Municipal Building 1625 13th St. Rm. L-04 Lubbock, Texas 79401 AUTHORIZED SIGNATURE d A • n PAYMENT TERMS SHIP VIA 7w --t1=4 KP'Q No.4rd closing date on the eWs.• • t • anvaeq. Il �a t e fna ruga sibihty of each bidder N media the delivery of bids to eccerduce with 044 dosing 4416 an4 time The undersigned hereby offers to lar .th sad deliver the leads or services as SPacdt04 abeva at the prices end terms luted orad to strict accordance with the fpocdreetnns and the terms and ceadmeas on the reverse side, bred, all d wh.ch ere mode a pert of this eller TELEPHONE DATE & '1 4 ALL ITEMS SHOULD BE QUOTED F.O.B. LLISSOCK FREIGHT TERMS IMPORTANT - READ CAREFULLY BEFORE TERMS AND CONDITIONS e GENERAL 1. ALL -SIDS SHOULD BE MADE ON THIS FORM, BIOS MADE ON OTHER FORMS WILL NOT BE CONSIDERED UNLESS STATEMENT TO THIS EFFECT IS INCLUDED, 'IN AC- CORDANCE WITH BID REQUEST NO. AND SUBJECT TO ALL TERMS AND CONDITIONS THEREOF WE QUOTE AS FOLLOWS.' 2. ANY CATALOG OR MANUFACTURER'S REFERENCE IN THE PROPOSAL IS OISCRIP- TIVE BUT NOT RESTRICTIVE. AND IS USED ONLY TO INDICATE TYPE AND QUALITY. IF, HOWEVER THE BIDDER PROPOSES SIMILAR BUT NOT IDENTICAL ITEMS. HE MUST FURNISH FULL PARTICULARS. IF NO MENTION OF IS MADE CF ANY EXCEPTIONS IT IS ASSUMED THAT HE IS BIDDING ON THE ARTICLE SPECIFIED AND NOT ON APPROV- ED EQUAL AND HE WILL BE REQUIRED TO DELIVER THE EXACT ARTICLE SPECIFIED. 3. PRICES SHOULD BE ITEMIZED, THE CITY OF LUBBOCK RESERVES THE RIGHT TO AWARD BY ITEM OF BY TOTAL 910. 4, TIME OF PROPOSED OELIVERY SHALL BE STATED IN NUMBER OF CALENDER DAYS. S. IN CASE OF DISCREPANCY BETWEEN THE UNIT PRICE AND THE EXTENSION, THE UNIT PRICE SHALL GOVERN. 6. NOTE: THE CITY OF LUBBOCK IS EXEMPT FROM ALL FEDERAL, STATE. & LOCAL TAX. 00 NOT INCLUDE THESE TAXES IN YOUR BID PRICE OR INVOICE. TAXABLE ITEMS MUST BE SO DESIGNATED AND THE CITY WILL SUPPLY CONTRACTOR WITH TAX EXEMPTION CERTIFICATE PROPERLY EXECUTED. 7. PREFERENCE WILL BE GIVEN TO FIRM QUOTES. ITEMS QUOTED AT PRICE IN EF- FECT AT TIME OF SHIPMENT WILL NOT BE CONSIDERED UNLESS A DEFINITE PER- CENT IS PLACED ON THE ESCALATION. B. ALL BIDS MUST BE SIGNED. UNSIGNED BIDS WILL BE CONSIDERED AS NO 810 AND WILL BE RETURNED TO VENDOR S. THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OF REJECT ALL OR PART OF AN OFFER AND TO ACCEPT THE OFFER THE CITY CONSIDERS THE MOST AD- VANTAGEOUS TO THE CITY. A,TERNATES ARE ACCEPTABLE IF IN THE CITY'S OPI- NION THE NECESSARY REQUIREMENTS ARE MET. STANDARD TERMS AND CONDITIONS `- CITY of LUBBOCK. TEXAS Sailer and Buys, agree as lepewe 1. SELLER TO PACKAGE GOODS Sailer well package goods in accordance .lilt geed Cem- me,crei practice. Each sh-Pp,nq container sheaf be clearly end parmae airs, marked as fedlewr (a) Seder's name and address, Ib) Censegeaes tomo, address and purchase order or pur- chase releane number and the Supply agraamrint number if applicable. (c) Container member and total ?umber ol cenamers, e.g. baa 1 at 4 boxes, and (d) the number of the contains boating Ma packing step. Seller small bear cast of packaging unless otherwise provided Goo shed be swtably packed to secure lowest transportation tests and to conform with re- quirements Of Common carriers and any applicable specifications. Buyer's count of tonight shall be Inial and conclusive on shipments not accompanied by. packing lists, 2. SHIPMENT LNOER RESERVATION PROHIBITED Seller a not authorized to .ship the goods under reservation and ate tender of a bill of lading will operate as a tendo .of geed 3. TITLE 6 RISK OF LOSS The title and risk of less of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the paint or Points of delivery. 4, NO REPLACEMENT OF DEFECTIVE TENDER Every tendo of delivery of goads must fully comply wuh all provisions of t%es contract as to limit of delivery, duality and the like. If a under I made which does nee fully conform, this shall constitute a breach and Sellor shall net have the right to substitute a conforming tender, provided, where the time for per fermanee has not yet atpered, the Seller may saasenably moldy Buyer of his intenoe" to cure and may then mak@ a Caal@rml-g tender within the contract lime but not afterward S. INVOICES & PAYMENTS a. Sailor theft submit separate invoices, in dvpl,csto, one each purchase order or purchase release after each delivery. Invoices shalt indicate the purchase order or purchase release number and the supply agreement number of applicable Invoices shall be itemized and transportation charges, d any, shall be listed. separately, A copy of Ne bell of lading, and the freight waylaid when applicable, should be attached to the invoice. Mad To Purchasing Department. City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall net be due until the above instruments are submitted after delivery. Is. De not l-cludo Federal Excise, State or City Sales Tea 6. GRATUITIES The Buyer -my. by written notice to the Sailer, cancel this Contract without liability to Sella if it is determined by Buyer that gratuities, in the form of entertainment. gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a contract of securing favorable treatment with respect to the awarding at amending, or the making at any datom,nati ors with respect Is the performing of such a contract In the event this contract iscanceledby Buyer pursuant to this provision. Buyer shall be ontided. in addition Is any ether rights and remedies, to recover or withhold the amount of the test incurred by Sadler in providing such gratuities.. 7. SPECIAL TOOLS 6 TEST EQUIPMENT If the price stated an the face hereof includes the test of any special tooling or special test equipment fabricated ar required by Sellar for the purpose of tilling this order. such soecial tooling equipment and any process shuts related thsrete shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. B. WARRANTY -PRICE a. The price to be posit by the Buyer shall be that contained in Seller' s bid whack Seller warrants to be. no higher that Seller's current precis on orders by etPsrs for pr@d,ects of the kind and specifieanen covered by this agreement for similar quanutes undo tw eat of like conditions and methods of purchase. In the event Salter breaches this warranty, the Prices of the items shalt be reduced to the Sailor's current pricesn on sots by ethers, of in the alternative. Buyer may Cance this convect without liability to So -let for breach er Seller's actual expense. b. The Seller warrants that as parse" or selling agency has been employed of retained to solicit or secure this contract open an agreement or understanding fon commission, Percen- tage, brokerage, *r Contingent he *scooting bona fide employees of Mas tide astabill Commercial of sailing *general maita teeed by tine Salla far the purpose of secerl-g .business. For breach of viciatiao of this warranty the Buyer shall have the right is adddteo to any other right of rights to Cancel this contract .etheut liability end to deduct from the Cornetist priCe' of otherwise recover without lublity sod to deduct from No convect price, of other - rise recover the full amevnt of such commission. perrontage, brekorage e, contingent Is*. r, MAKING sib 9. WARRANTY -PRODUCT Seller shall not limit er exclude any implied warranties and any attempt to de so shall render this contract voidable at the option of the Buyer. Solley x rants that the goods furnished will conform to the specifications, drawings, and descrip- tions listed in the bid invitation, and to the semple(s) furnished by the Seller, if any. In wea evens of a conflict el b@twn the specifications, drawings, and descriptions, the specific shall gave,", ' 10. SAFETY WARRANTY Seller warrants that the product said to the Buyer shall conform t standards promulgated by the U. S. Deportment of Labor under the Occupational Safety and Health Act of 1970. In the went the product does not conform to OSHA standard Buyer may return the product for correction or replacement at the Seller's expense. In t went Sailer fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's axponse. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifics - lions attached to this agreement will give rise to the rightful claim of any third person way of infringement of the like. Buyer makes no warranty that the production of goods carding to the specification will' net 'give_ rise to such a cfalrr, and in no event shall Bu be liable Is Seller for indemnification in the went that Seller is sued on the grounds al ingement or the like. If Seller is at the opinion that an infringement or the like wig tau he wdl "silly the Buyer to this effect in writing within two weeks after the signing of t agreement If Buyer does not receive notice and is subsequently hold liable ler the infri mens or the like, Seller will save Buyer harmless. If Seller in geed faith ascertains the lien of the goods in accordance with the specifications avid result in infringement or the like, this contract shall be aull and void. 12. RIGHT OF INSPECTION Buyer shall have the tight to inspect the goods at delivery bel accoptl-g them. 13. CANCELLATION Buyer shall have the right to cancel for default all or any part of the sodeliverad portion of this order if Seller breaches any of the terms hereof including wt rarities of Seller er if the Seller becomes insolvent or commits acts of bankruptcy. Such right .1e.scollation is in addition to and net in hes of any other remedies which Buyer w have in laer equity. 14; TERMINATION The performance of work under this -order may be terminated in whole, 1 is part by the Buyer in accordance with this prevision. Termination of work hereunder sr' be effected by the delivery of the Seller of a -Notice of Terminatiam specifying the an to which performance of work under the order is terminated and the date upon which at tdrminpaen becomes effective. Such right of termination is in addition to and not in lieu r ofthe rights of Buyer set forth in -Clause 13, herein. ds 1S. FORCE MAJEURE Neither party shall be held responsible for losses. resulting it the full dent of any terms of provisions at this contract is delayed or prevented by any cause within the control of the party whose performance is interfered with, and which by the Cis* at reasonable diligence said party is unable to present 16. ASSIGNMENT -DELEGATION He right or interest in this contract shall be assigned or do s. lion of any obligation made. by Seller without the written permission of the. Buyer. Any tempted assignment or delegation by Seller shall be wholly void and totally ineffective 1 all purpose unless made in conformity with this paragraph, 17. WAIVER No claim or right arising .out e1 a breech of this contract can be discharged i or in part by a waiver or renunciation of the claim or right unless the waiver or rattles is suaoorted by consideration and is in writing signed by the aggrieved parry, 18. INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for bids and perlarsiiinee'previdad by Buyer in its advertisement for bids, mad any ether documents vided by Sadler as part of his bid, is intended by the parties as a final expression of agreement and is intended also as a complete and exclusive statement of the terms of agreement Whenever a term defined by the Uniform Commercial Code is used in this a trent, the definition contained in the Code is to Control 19. APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Cod*. Wherever the tum 'Uniform Commercial Codi is used, it shad be construed as meanini the Uniform Commercial Code as adopted in. the State of Taxes as effective and in feel on the date of this agreement 20. RIGHT TO ASSURANCE Whenever one party to this contract in geed faith has roseate question the ether party's intent to perform he may demand that the ether party give w ion assurance of his intent to perform. In the event that a demand is made and ata est is given within live (5) days, the demanding party may treat this failure as an sm,citpa repudiation of the contract 21. INDEMNIFICATION Sailer shall indemnify, keep and save harmless the Buyer, its agents, Officials and employees, against all injuries, deaths, loss, damages, claims, patent claims suits, liabilities, judgements, costs and expenses, which may in anyweso acture against I Buyer in consequence of the granting of this Contract or which may anywise result. therefrom, whether or not it shall be alleged or determined that the act was caused the negligence of omission of the Seller or its employees, or of the subcontractor or assign Of its employees, if any, and the Seller shall, at his own expense, appear, defend end all charges of attorneys and all costs and other expenses arising therefrom or incurred connection therewith, and, if any judgement shall be rendered against the 3uvgr o arty action, the Seiler shall; at its own expenses, satisfy and discharge the same Sellar eat understands and agrees that any bend iaquered by this contract, or otherwise provided Sailor, shall in ate way limit the responsibility to indemnify, keep end save harmlass ane defend the Buyer as heroin provided. 22. TIME It is hereby expressly agreed and understood that time is of the elssnee for the lormance of this. contract and failure by contract to most tM time specifications of that agreement will cause Soller-te be in default of this agremont 23. MSE The City of Lubbock hereby notifies all bidders that in regard is any Centreat eine iota purswmt to this request minority and wemea business *aterptteas -,If be elforeed equal opportunities to submit bids in response to this invitation and will net be dncremn against an the grounds *I race. color, sax at national $fell- in Consideration far so awl 4 Home Security Program Bid Specifications Caulk: Macklanburg-Duncan, 25 year, siliconized caulk-(clear)or approved equal. Drip Cap and Door sweep: (U -SHAPED WITH RAIN DRIP) 32" or -36" in length, 1 3/4" in width, 1 3/16" in -height with vinyl underneath or approved equal. Aluminum Saddle Threshold: 32" or 36"in length, 3 1/2 in width, 5/8" in .height and a Center leg for support, with vinyl caulk strip or approved equal. Entry Lock: Kwikset, number 400T-KA2. Hinges: 3 1/2" by Lawrence Bros. number R25005 -DB, or approved equal. Deadbolt lock: Durable deadboit lock with case-hardened steel bolt of 1 inch throw, secured by a thumb turn inside and a five -pin cylinder with spinning rose outside to deflect attack by pipe wrench. Strikeplate is to be secured with screws of sufficient length to plenetrate 3/4" into adjacent wall stud. Automatic outdoor light control: Donaelco Model SS -150, 120V*AC, 708S Lamp holder or approved equal. Smoke Alarm: Dual Ionizaton Chambers- Unit must be capable of detecting visible or invisible particles of combustion. Battery Operated— Unit must be electrically self supported with a replaceable 9 volt— battery. Operating Light- A visible indicator must exist to insure inhabitants that the unit is in operation with ample power Low Battery Warning - Unit must possess an audible display to indicate battery needs replacement. Door Viewer.: 190°Wide Angle Door Viewer - Fortress "Stock No. DV -103 or approved equal Alert light Switch: 911 Locator Switch, Voltage -600W 110-120 Volt, 60 HZ Model 911 Locator Switch 49L BID PROPOSAL FORM Doors: Solid Core, Luaun, Mahogany: 36 X 80 X 1 3/4, Pre -Hung Unit $- ALT: 36 X 80 X 1 3/4, Door Only 32 X 80 X 1 3/4, Pre -Hung Unit ALT: 32 X 80 X 1 3/4, Door On-ly ALT: 32 X 80 X 1 3/8, Door Only ALT: Storm Door Labor ALT: Half Jamb (wood) ALT: Hinges (1.1/2 pr) Caulk Entry Lock Jamb -Weatherstrip Aluminum Saddle Threshold 32" x 1 3/4 36" x 1 3/4 Drip Cap and Door Sweep 32" 36" Varnish Outdoor Light Control Alert Light Switch Dead Bolt Lock ✓ Door Viewer v Smoke Alarm u MATERIAL o� 9 /Ea. X300 /Ea. -,2 /Ea. 0 / /Ea. /Ea. /Ea. /Ea. ! • 6 /Ea. / Ea . Ea. 07a_/Ea. 17 1 D /Ea. /Ea. 5 DO /Ea. 17, U /Ea. 0 /Ea. S /Ea. /Ea. �S /Ea. tq• 00 /Ea. i T /Ea. /Ea. /Ea. �v /Ea. Q iJ D /Ea. °—° 'S� /Ea. 1 /Ea. 3 ' /Ea. • �S�D / Ea . 3 -/Ea. lu ,✓`-0 /Ea. 4.;5D /Ea. a� /Ea. 00 /Ea.• 0 /Ea. 3,50 /Ea. ��. 4i0 /Ea. • C� /Ea. /Ea. TOTAL ba 'y / Ea �3 /Ea. oa o� /Ea. 6� a� /Ea. /Ea. /Ea. !- /Ea. �. /Ea. /Ea. /� 99 /Ea. /Ea. . YD /Ea. --x.10 / Ea . c 7 /Ea. �. - /Ea. v /S_-- /Ea. _/Ea. 4,. S/ /Ea. 0/Ea. 99 /Ea. /Ea. Sill (wood) v O 'v d� /Ea. /Ea. %/Ea. 3611_ co� �'`� /Ea. _/ Ea. _ / Ea . 1. Bidder must sign both the RFQ Form and the Bid Proposal Form. This is essential to qualify your bid,,• failure to do so may result in bid rejection. Company Name Authorized Signature CITY OF LUBBOCK - COMMUNITY SERVICES DEPP11TMENT HOME SECURITY PROGRAM - SUBCONTRACTOR AGREEMENT STATE -OF TEXAS COUNTY OF LUBBOCK This.agreement made and entered into this 22nd day of October, 1992, is by and between the CITY OF LUBBOCK-COMMUNITY SERVICES DEPARTMENT, hereinafter referred as CITY, and Heladio Torres, of Lubbock, Texas, hereinafter --referred to as SUBCONTRACTOR. SECTION I. CONTRACT PERFORMANCE. A. SUBCONTRACTOR willin a satisfactory manner as determined by the CITY, provide turnkey installation of exterior doors and all items required in such installation. Installation of these products -shall be in accordance with the manufacturer's instructions. B. SUBCONTRACTOR agrees to install the approximate quantity of 100 residential units, although actual quantities may be more or less. C. SUBCONTRACTOR agrees to furnish materials, labor, transportation, and expenses necessary in the performance of this Agreement, and is responsible for any damages or injuries that occur as a direct result of services being performed. D. SUBCONTRACTOR and CITY agree that all work will be awarded and performed by the issuance of a work order. Both parties will sign the work order, thereby agreeing to what work will be required. Such work orders shall be made part of this Agreement as if fully set out herein. E. SUBCONTRACTOR guarantees that all work will be completed in the required time and in sequence as agreed upon between CITY and SUBCONTRACTOR. F. SUBCONTRACTOR shall procure and -carry at his sole cost and expense throughout life of this Agreement, insurance protection as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Agreement. 1) Comprehensive General Liability - In an amount not less than $100,000 for bodily, including accidental death, to any one person, but not less than $300,000 per occurrence and in the amount of not less than $100,000 for property damage. 2) Automobile Insurance - In an amount not less than $250,000 for injuries, including accidental death, to any one person, but less than $500,000 per occurrence, and in the amount of not less than $100,000 for property damage. 3) Workman's Compensation and Employer's Liability Insurance To cover all employees on the job with Employer's Liability of at least $100,000 limit. Concurrent with execution of this Agreement, the „ SUBCONTRACTOR shall submit to the CITY for approval a Certificate of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company, including a provision that in the event such coverage is cancelled or reduced, the insurance carrier shall notify the CITY at least ten (10) days prior to such cancellation or reduction in coverage. G. SUBCONTRACTOR guarantees all workmanship performed on completed units will be to industry standards. Completed units will be inspected by CITY before payment can be made. Any work that is determined to be unsatisfactory by CITY must be reworked within seven (7) days at the SUBCONTRACTOR'S expense. Payment will not be made until the work performed has been completed to the satisfaction of the CITY. H. SUBCONTRACTOR hereby agrees to accept total responsibility for payment to vendors, employees and/or subcontractors with whom he has made arrangements. Such arrangements will not be the responsibility of the CITY. I. SUBCONTRACTOR shall maintain the confidentiality of all records and information as required by the CITY. SECTION II. CITY OBLIGATIONS. A. Method of Payment. The CITY agrees to make payment thirty (30) days after all invoices are submitted and final inspection is performed. Such final inspections shall be evidenced by written certification of satisfactory completion by the CITY and certification of workmanlike completion by SUBCONTRACTOR. B. Amount of Payment. Payment will be made in the amount stated on the work order executed pursuant to the accepted bid submitted to the CITY. SECTION III. TERMINATION. A. This Agreement may be terminated by either party upon giving thirty (30) days written notice to the other party. ♦ L 1 SECTION IV. CONTRACT PERIOD. The period for performance of this Agreement shall commence on October 22. 1992 and terminate on May 31, 1993. WITNESS THEREOF, the parties to this Agreement have executed is Agr mener27 1992. C1VVID�!RR. , TEXAS* SUBCONTRACTOR: BY.' BY: STON, R TITLE: ADDRESS: �,Sye ATTEST: Sally Wbbe, Acting City Secretary BobCuevas, Wea herization Coordinator APPROVED AS TO CONTENT: Sylvia A. Martinez -Flores Community Services Supervisor APPROVED AS TO FORM: d ands r, First Assistant City Attorney Lam] CUSTOMER 4 13045 C E R T I F I C A T E O F I N S U R A N C EISSUE DATE: 07/30/4 --------------------------------------------------- PRODUCER I THIS CERTIFICAIE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS CECIL-DUNN INSURANCE i NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, P. 0. BOX 3870 I EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LUBBOCK, TEXAS COMPANIES AFFORDING COVERAGE ZIP CODE 79452 INSURED HELADIO TORRES 1514 EAST STANFORD LUBBOCK, TEXAS ZIP.CODE 79403 COVERAGES COMPANY LETTER A NORTHLAND COMPANY LETTER B CONSUMERS CO. COMPANY LETTER C AETNA COMPANY LETTER D COMPANY LETTER E THIS IS TO CERTIFY THAT 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 WIFH.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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY POLICY LIMITS EFF. DATE EXP. DATE -AGGREGATE --600,000 ===GENERRL LIABILITY A (X) COMMERCIAL GENERAL LIABILITY = CPP 61388 07/02/92 07/02/93 GENERAL PRODUCTS-COMP/UP AGO. s S 6001000 ( ) CLAIMS MADE (X) OCCUR. PERSONAL & ADV. INJURY EACH OCCURRENCE SEXCL $ 300,000 OWNER'S 6 CONTRACTOR'S PROT. FIRE DAMAGE (ANY ONE FIRE) SEXCL t ) I MED_ EXPENSE (ANY ONE PERS) SEXCL B MOBILE LIABILITY AUTO CBA100703 07/02/ INED SINGLE LIMIT f iAUtTO) t) ALL OWNED AUTOS (X) SCHEDULED AUTOS i BODILY INJURY ( PER PERSON) S 250 000 , t) HIRED AUTOS ( ) NON -OWNED AUTOS BODILY INJURY (PER ACC) 4 500,000 t ) GARAGE LIABILITY _-( ) ------- ---------------------------------------------------------------------- I PROPERTY DAMAGE s100,000 ---------- -------------------- EXCESS LIABILITY I O UMBRELLA FORM ACH OCCURRENCE EACH $ f I l) OTHER THAN UMBRELLA FORM I -- --- -- --- OCU -- ------------------------------------- ----------------------------------------- ----------------------- : I ( ) STATUTORY LIMITS EACH ACCIDENT t 100,004 Cl WORKER'S COMPENSATION CG0022009756 DISEASE -POLICY LIMIT f 500,000 ND EMPLOYER'S LIABILITY i DISEASE -EACH EMPLOYEE N f ------------- 100,000 ----------------------------------------------------------------------------------•------------------- OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION CITY OF LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE BOX 2000 EXPIRATION DAIE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL LUBBOCK, TEXAS I 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIARMITY ZIP CODE 79457 ( OF ANY KIND UPON THE COMPANY, I1S AGENTS OR REPRESENIATIVES. ---------------.w--------------------------- ------------------------------------------------------M----. -------------- - ( AUTHORIZED REPRESENTATIVE JAMES F. DUNN, JR.