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HomeMy WebLinkAboutResolution - 2019-R0051 - Precision Body Works - 02/25/2019Resolution No. 2019-R0051 Item No. 7.18 February 25, 2019 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, Service Contract No. 14445 for Body Work and Accident Damage Repair for Citibus Vehicles as per RFP 19-14445-RR, by and between the City of Lubbock and Precision Body Works, 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 February 25, 2019 L-1/V - DANIEL M. POPE, MAYOR ATTEST: eb cca Garza, City Secr tary APPROVED AS TO CONTENT: i Bill Howei , Deputy' y Manager APPROVED AS TO FORM: Ryan ro e, Assistant City Attorney ccdocs/RES.Service Contract 14445 — Body Work and Accident Damage Repair for Citibus Vehicles February 7, 2019 Resolution No. 2019-R0051 City of Lubbock, TX Contract 14445 Body Work and Accident Damage Repair for Citibus Vehicles This Service Agreement (this "Agreement") is entered into as of the 25thday of February , 2019 ("Effective Date") by and between Precision Body Works, Inc., (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 19-14445-RR, Body Work and Accident Damage Repair for Citibus Vehicles. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Body Work and Accident Damage Repair for Citibus Vehicles 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 — Pricing Proposal Sheet 4. Exhibit C — Insurance 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 C attached hereto. Article 1 1.1 The contract shall be for a term of one year, with the option of two, one-year extensions, said date of term beginning upon formal 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 determined 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 term 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. 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 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 This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.117, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions. 2.10 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 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. 2.11 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 do. 2.12 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 of insurance from the Subcontractor that complies with all contract Insurance requirements document, this provision shall control. 2.13 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. 2.14 Senate Bill 252 prohibits the City from entering into a contract with a vendor that is identified Comptroller as a company known to have contracts with or provide supplies or services with Iran, Sudan, or a foreign terrorist organization. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX: Daniel M. Pope Nfayor ATTEST: Rebe a Garza, City Secre ry APPROVED AS TO Bill Howe6n; Deputy CjP APPROVED AS Tf)"FORM: Ryan Br oke ssista t City Attorn y CONTRACTOR: Contract 's Signature af," �C� 2 Printed Na e Title t,J ry erg Exhibit A City of Lubbock, TX Body Work and Accident Damage Repair for Citibus Vehicles RFP 19-14445-RR SCOPE OF WORK Citibus intends to enter into a contract with one or more qualified contractors to furnish paint and body repairs for Citibus Transit Units to include, but will not be limited to the following: Accident Repairs, Vehicle Paint Services, Common Body Repairs on Transit Buses, and Common Body Repairs on Body on Chassis Vehicles 2. REQUIREMENTS 2.1. The bidder must have a complete body shop meeting the following minimum requirements: 2.1.1. Paint Booth 2.1.2. Frame and straightening machines with qualified operator (on -site or under contract). 2.1.3. The contractor awarded the contract must also have the capability to do body and paint work indoors during inclement weather. The indoor area must be large enough to handle Citibus Units. 2.2. The work proposed in this contract shall be performed at the successful bidder's (hereinafter referred to as "Contractor") place of business. 2.3. The successful Contractor agrees to assume full liability and responsibility for all units and contents (including radios and other standard or installed equipment), placed in its custody by Citibus under this contract. 2.4. Ctibus will not transport buses to and from the contractor's body shop location. 2.5 This contract shall cover the following types of vehicles: 2.5.1 Citibus Transit Bus Units 2.5.2 Body on Chassis Vehicles 2.6. Contractor agrees that work assigned under this contract shall receive priority over the other work in its shop unless specific prior approval has been obtained from Citibus. FEDERAL AND STATE SAFETY REGULATIONS 3.1 Contractor shall comply with all federal and state safety regulation including but not limited to Occupational, Safety and Health Administration (OSHA) and the Department of Workforce Development (DWD) regulations. This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this City of Lubbock, TX Body NVork and Accident Damage Repair for Citibus Vehicles RFP 19-14445-RR agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Bus to be in violation of the FTA terms and conditions. 3.2 All Environmental Protection Agency (EPA) rules and regulations must be fooled by the Contractor 4. COST ESTIMATES 4.1. Individual cost estimates for each unit or piece of equipment will be provided by the contractor before any actual work will commence. These estimates will include time of completion, hours of labor, and an itemized listing of replacement repair parts. Estimates shall be priced per item with replacement repair parts showing crash guide list or applicable industry standards. 4.2. All estimates shall be complete and include all parts and charges with the exception of "hidden" damage, which may not be obvious until repairs are initiated. All estimates shall be completed and available for review within 24 hours of delivery of the vehicle. No repairs shall be initiated until Citibus Representative reviews the estimate and gives the contractor notice to proceed with the work. 4.3. In no instance shall any repairs costing more than the approved estimate be performed without first notifying the Citibus or designated representative and providing a supplemental estimate indicating additional parts and labor charges. THE CITY SHALL RESERVE THE RIGHT TO VERIFY, THROUGH INDEPENDENT APPRAISAL, IF THE REPAIRS ARE REQUIRED. 4.4. All labor will be estimated and invoiced at the hourly rate set forth on the Proposal Submittal Form. All replacement repair parts will be invoiced at vendor list price less percentage as listed in Bid Form of this ITB. Price is based on an hourly labor rate, cost per hour. 5. BODYWORK AND PAINTING REQUIREMENTS 5.1 Contractor must be able to perform complete body repairs as well as paint transit units. 5.2 There will be no penalty for Citibus to supply parts if this will lower costs. 5.3 There is a maximum mark-up of 15% for parts to be used. 5.4 DuPont Paint or approved equal is to be utilized. 6. PROTECTION OF VEHICLES 6.1 It shall be the responsibility of the contractor to fiilly protect, at all times; city property entrusted to their care. ': he contractor shall reimburse the City for any and all damages to city City of Lubbock, TX Body Work and Accident Damage Repair for Citibus Vehicles RFP 19-14445-RR property while in their care, such as unwarranted wear and tear, acts of vandalism and malicious mischief, any and all physical damages, including acts of commission and/or omission by the contractor's employees and others. Damages will be billed at invoicing costs to replace or repair such damage and may be deducted from any outstanding amounts owed the contractor. The contractor further agrees to pay to the city any outstanding claims within 30 days after notification from Citibus Department. 6.2 Contractor must maintain insurance coverage as required by Citibus and the City of Lubbock. 7. COMPLETION AND DELIVERY TIME 7.1 Contractor will discuss a due date with Citibus staff for each repair to be documented and noted by each party. If more time is required, prior approval must been obtained from the Citibus. If the due date is not met by the Contractor, a $300 per day non useable vehicle charge will be assessed and subtracted from the final repair invoice. 8. WORKMANSHIP WARRANTY 8.1 The contractor agrees the service furnished to be of the highest quality, complying with specifications, and free from all defects in materials and workmanship for a period of one (1) year from the date of acceptance. Replacements and body repairs under this warranty are to be made by the contractor at no cost and to the satisfaction of the city. 9. CONTRACT TERM 9.1 The contract shall be for a term of one (1) year, with the option of a two (2), one-year extensions, said date of term beginning upon formal approval. This contract shall remain in effect until the expiration date, performance of services ordered, or termination by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this proposal and resulting contract. This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions. Exhibit B City of Lubbock, TX Body Work and Accident Damage Repair for Citibus Vehicles RFP 19-14445-RR Pricing Proposal Sheet (To be completed and returned with Proposal) ITEM QTY (+/-} UNIT OF MEASURE DESCRIPTION HOURLY LABOR RATE 1. 130 Hourly Body repair $ 0° 2. 130 Hourly Fender repair $ 3. 130 Hourly Bumper repair $ g "= 4. 130 Hourly Frame Repairs $ S� °�- 5. 130 Hourly Paint Services - Labor and Materials: DuPont Paint or an approved equal. $ 85 .� 6. 1 EA Pickup and delivery of buses. $ /7 7. Percent Parts Mark -Up (%) from Vendor List Price 0/0—J-0— (Maximum 15%) Exhibit C CITY OF LUBBOCK, TX Body Work and Accident Damage Repair for Citibus Vehicles Contract 14445 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. 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 GENERAL LIABILITY ® Commercial General Liability ❑ Other ❑ Claims Made ❑ Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY ❑_ AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ® Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ® Any Auto El ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ❑ POLLUTION ❑ CARGO ® All Owned Autos ® Hired Autos COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Combined Single Limit Each Occurrence $ 1.000.000 Each Occurrence Aggregate Auto Only - Each Accident $1,000,000 Each Accident Aggregate ❑ 100% of the Total Contract Price ❑ 100% of the Total Material Costs ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ❑ EMPLOYERS' LIABILITY $ OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, except 500 000 The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. 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 terns, 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). Uponsuch 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 thirty (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 and Contract Management City of Lubbock 1625 13' 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.