HomeMy WebLinkAboutResolution - 2008-R0257 - Contract Agreement - MAACO Collision Repair And Auto Painting Of Lubbock - 07_22_2008Resolution No. 2008—RO257
July 22, 2008
Item No. 5.7
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and MAACO Collision Repair and Auto Painting of Lubbock, Texas, for auto body repair
and paint services per bid ITB 08-041-MA, which Contract and any associated
documents, are attached hereto and made a part of this Resolution for all intents and
purposes.
Passed by the City Council this 22nd day of
` J /�� ///O-�
TOM MARTIN, MAYOR
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CONTENT:
M e ' oo
Assistant City Manager/Chief Information Officer
A2PP AS FORM:
Chad Weaver, Assistant City Attorney
cw/MAACO Collision Repair&Auto Painting.res08
07/ 16/08
, 2008.
Resolution No. 2008 RO257
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Auto Body Repair and Painting Services
Bid No. 08-041-MA
THIS CONTRACT,'made and entered into this 22"d day of July , 2008, pursuant to a resolution heretofore
adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and MAACO Collision
Repair and Auto Painting ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Auto Body Repair and Painting Services
and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has
heretofore adopted a resolution authorizing the acceptance of such bid; and the execution, in the name of the
City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Auto Body
Repair and Painting Services.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid
are attached hereto and made part hereof, Contractor will deliver to the City the Auto Body Repair and
Painting Services specifically referred to as Item(s) No. 1-3 and more particularly described in the bid
submitted by the Contractor or in the specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work
provided for in this Contract and to complete and finish the same according to the attached
specifications, offer, and terms and conditions contained herein. The City agrees to pay the Contractor
according to the payment schedule attached; said payment schedule does not include any applicable
sales or use tax.
The Contractor shall perform the work according to the procedure outlined in the specifications and
Invitation to Bid attached hereto and incorporated herein. The contract shall be for a term of five years, said
date of term beginning upon City Council date of formal approval. The rates may be adjusted at the option of the
Fleet Service Department up to one hundred percent (100%) of the cost of living adjustment as measured by the
Consumer Price Index (CPI). If an agreement cannot be reached, the contract will be terminated at the end of the
current fiscal year ending.
4. 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 reserves the right to award the canceled contract to the
next lowest and best bidder as it deems to be in the best interest of the city.
08-041-MA.doc
5. Contractor shall at all times be an independent contractor and not an agent or representative of City
with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out
as, an agent or representative of City. In no event shall Contractor be authorized to enter into any
agreement or undertaking for or on behalf of City.
6. The contractor shall obtain and maintain in full force and effect during the term of the contract,
commercial general liability coverage with insurance carriers admitted to do business in the State of
Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be
written on an occurrence basis, subject to the following minimum limits of liability:
INSURANCE COVERAGE REQUIRED
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.
Subject to the Contractor's right to maintain reasonable deductibles in stich 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
Worker's Compensation The Contractor shall elect to obtain worker's compensation coverage pursuant to
Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term
of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the
Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor
or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a
material breach of this Contract." The contractor may maintain Occupational Medical and Disability Insurance in
lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in
favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of
Employers' Liability in an amount no less than $500,000.
Garage Liability insurance, including: Combined Single Limit for bodily injury and property damage
of $ 500,000 per occurrence
The City of Lubbock shall be named a primary 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 project name or bid
number for which the insurance is being supplied.
The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The
certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording
"endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives" will be crossed out. A copy of the additional insured
endorsement attached to the policy will be included with the certificate.
The contractor shall also maintain workers compensation insurance in the statutory amount.
08-041-MA.doc
If at any time during the life of the contract or any extension, the contractor fails to maintain the
required insurance in full force and effect, all work under the contract shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City to
terminate the contract.
6. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests
accruing from this Contract without the written consent of the other.
7. This Contract consists of the following documents set forth herein; Invitation to Bid #08-041-MA,
General Conditions, Specifications, and the Bid Form.
IN WITNESS WHEREOF, the parties hereto have caused this. Contract to be executed the day and year
first above written. Executed in triplicate.
CITY OF LUBBOCK
Tom Martin, Mayor
ATTEST:
Rebeql Garza, City Secretary
APPROVED AS TO CONTENT:
Mar Ye rw d, ChieY Information Officer
Assi tant City Manager
APP VE S FORM:
Assistant City Attorney
CO
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C^1LISION REPAIR $ AUTO P
51 l r nA A15►nx
AddressLUBBOCK, TX 79424
08-041-MA.doc
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SUBMIT TO:
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CITY OF LUBBOCK
Purchasing & Contract Management
1625 131h Street, Rm 204
CITY OF LUBBOCK, TEXAS
Lubbock, Tx 79401-3830
INVITATION TO BID
CONTACT PERSON:
:Marta .Alvarez
AN EQUAL
#OS-041-MA
TEL: 806.775.2167
FAX: 806.775.2164
OPPORTUNITY
ltttp:Hpurchasing.ei.lubbock.tx.us
EMPLOYER
TITLE: Auto Body Repair and Painting Services
SUBMITTAL DEADLINE:
April 30, 2008,100 p.m. CST
PRE BID DATE, TIME AND LOCATION: April 16, 2008
at 11:00 A.M.
Anybid+'recervedafierrhe lime anddarali.riedabove. regardlessofrhe
in the City Hall, 1625 13'h Street, Training Room - LO1,
Lubbock,
made ofdelivery, shall be returned unopened
Texas.
RESPONDENT NAME:
�SfG11 ���
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER,
` ' �
THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND
ADDRESS: ffADDRESS.
COLLISION REPAIR & AUTO PAINTING
8721 GENOA AVENUE
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
24
"STATEMENT OF NO BID".
— 'C — I :
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY
INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY
RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE
TELEPHON
`� 1 ��
1N THE BEST INTEREST OF THE CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO: /��1�
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
E-MAIL: /- , //�' e l��f
P� Q
1 j �� v '
MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY
COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
{�
THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5)
U
BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE,
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT.COM
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be
interested in the sale to the City of any supplies, equipment, material or articles pure a d Will any officer or employee of the City, or member of their
immediate family, benefit from the award of this bid to the above firm? YES, NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND
SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR
FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE
ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID
FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS
PORTION MAY RESULT IN BID REJECTION.
By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity. or
person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further
agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of
action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular
commodity(s) or service (s) purchas d or a ired by the City of Lubbock. At the City's discretio , su h assignment shall be made and becom ffective at
the time the Cit final nt t or. l ✓✓``
Aut rite ' atur Title
Print/Tvoe Ifame Date
THIS FORM MIDST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
C 'SIG?' REPAIR & AUTO PAINTING
J! ` 0'. , OA AVENUE Page 9 of 26
LU 6. S' C K, TX 79424
ITB N08-031-MA , Heavy Vehicle & Equipment Maintenance and Repairs
Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech
University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing lnterlocal Agreements for Cooperative Purchasing with the City of Lubbock
will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of
this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly
to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for
another governmental entity's debts. Each governmental entity will order their own materials/service as
needed.
THIS BID IS SUBMITTED BY ��' a corporation organized
under the laws of the State of
City:_
M/WBE
Firm:
By
Officer
or an individual trading as
{'h,G l
or a partnership pgnsisting
Stater Z
of the City of
SWoman
Black American
Native American
Hispanic American
Asian Pacific
American
Other (Specify)
must sign by hand
Pleafe/Print
Business Telephone Number / �r v FAX:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
ITB 908-031-MA , Addendum f I
M AACO I
C`�U!SION REPAIR & AUTO PAXW
y ? 1 GENOA AVENUE
LUL.JOCK, TX 79424 lniti4o�i