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HomeMy WebLinkAboutResolution - 2018-R0290 - Mcwhorters LTD - 09/13/2018Resolution No. 2018-RO290 Item No. 6.18 September 13, 2018 RESOLUTION BE 1T 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. 14251 for maintenance and repairs on City heavy vehicles and equipment, by and between the City of Lubbock and McWhorters LTD, 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 September 13, 2018 DANIEL M. POPE, MAYOR ATTEST: Reb :ca Garza, City Secretary APPROVED AS TO CONTENT: Scott Snider, Assistant City Manager APPROVED AS TO FORM: K Ili Leisure, Assistant City Attorney ccdocs/RHS.Contract-Mc W horters August 16, 2018 Resolution No. 2018-RO290 Contract 14251 City of Lubbock, TX Service Contract for Maintenance & Repairs on City Heavy Vehicles and Equipment THIS CONTRACT made and entered into this 13'h day of Sentember, 2018, by and between the City of Lubbock ("City"), and McWhorters LTD., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for 18-14198-SG Maintenance & Repairs on City Heavy Vehicles and Equipment and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the Maintenance & Repairs on City Heavy Vehicles and Equipment. 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, the Contractor will deliver Maintenance & Repairs on Heavy Vehicles and Equipment and more specifically described in Exhibit "A" attached hereto. Exhibit "A" represents each of the items the contractor was found to be the best value for the City. The original bid forms shall remain in the office of the Director of Purchasing and Contract Management 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. 3. The contract shall be for a term of one (1) year, with the option of four (4), one (1) 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 Contract must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to insure 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. 4. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. 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. 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 shal I 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. 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 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 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) PROFESSIONAL LIABILITY ❑ General Aggregate $ LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Hired Autos ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ❑ POLLUTION ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED Combined Single Limit Each Occurrence SLOQ0,60 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 S1,000,000 ® 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 lite City of Lubbock on all coverages, except 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 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 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`h 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. 7. 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. 8. 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. 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 en on 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. 10. All funds for payment by the City under this contract am subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, 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 goads or services covered by this contract is spent, whichever event occurs first If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 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 contract beyond the date of termination. 11. 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 on insurancefrom the Subcontractor that complies with all contract Insurance requirements. 12. The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the temr of the Agreement. 13. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 14. This Contract consists of the following documents set forth herein; Invitation to Bid No. 18.14198-SG, 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 L, U 7vO �V�----�I/ CO PR BY Daniel M. Pope, Mayor A orizedrepresentative A EST: Print Name 100s-r is Acv� e cca Gmm, City Secr Lary Address t.✓bi9c c.(a_�YZ tQ 1 PROVED AS TO CONTENT: City, State, Zip Code r7/Mi Billy Taylor, Director of FlebtOpmations A OVED AST FORM: �.�' / , Ke i Leisure, Assistant City Attorney City of Lubbock,TX McWhorters LTD. of Lubbock, TX Maintenance Repairs to Heavy Vehicles and Equipment Exhibit A Trucks over 19,500 lbs GVWR (Class 6-7-8-9) Including Sweepers Category 1 and Trash Trucks Cost Labor rate per hour (Billed in increments of full, half, and 1/4 hours) $ 105 % Markup above/below parts Service call per hour 30% 105 Service call mileage fee per mile 1.25 Category 3 Trailers (Utility Pipe, Hay, Equipment, Crew, and Cargo) Cost Labor rate per hour (Billed in increments of full, half, and 1/4 hours) $ 105 % Markup above/below parts Service call per hour Service call mileage fee per mile 30% 105 1.25 P:'pretu.edld 17ocumenulsure� • Siiv6'.'OIB FIB 161419940 Mt6cemnec tnd Reyei. an liry 1 Wry V h" uw11'.,mpnrnrl:.h.A1 M AL�K'harrm City of Lubbock, TX ITB 18-14198-SG Maintenance & Repair on City Heavy Vehicles and Equipment General Specifications The City of Lubbock is seeking a contract for maintenance and repairs of heavy vehicles and equipment including hydraulics, welding and fabricating. The successful bidder ("the Company") will provide preventative maintenance and repairs to heavy vehicles and equipment not covered under any manufacturer's warranty, unless the Company is the authorized warranty dealer, to maintain fleet availability for the City of Lubbock. Maintenance and repairs include, but are not limited to, the following: Air Conditioning, Heating & Ventilation System Axles Brakes, Hubs & Bearings Steering Suspension Drive Shafts Automatic Transmissions Charging Systems Cranking Systems / Ignition Systems Lighting Systems, Electrical Accessories Engines Exhaust Systems Fuel Systems Power Take -Off (PTO) Buckets /Booms Def Systems Equipment & Truck Categories The following is a current list of Descriptions of City of Lubbock vehicles and equipment by Category which are included in this maintenance and repair contract. Category Description 1)Trucks Class 6-7-8-9 Off-I(oad Equipment rectors, Backhoes, Loaders, Excavators, Dozers, —m ers, Scrapers, Cranes 3 Trailers Utility, Pipe. Hay, Equipment, Crew, Cargo 4)Forklifts Clark, H ster, Cat, Daewoo, Case, Hilift, Princeton EEJ Labor Guide The vendor is required to provide the name of the current Labor Guide software and version used to provide repair costs with the bid form. The City of Lubbock reserves the right to audit the labor hours charged to each job and all overcharges will be brought to the attention of the vendor. The vendor shall issue a credit for the overcharge amount within 5 business days and the credit shall reference the City of Lubbock's vehicle identification number and work order number. If the program is proprietary, the vendor shall grant access to the City of Lubbock's Fleet Services Department for audit purposes. Program Name / Version Work Authorizatio Vehicle shop repairs will be estimated on a per job basis with a fixed labor rate per hour as stated on the Bid Form. Prior to the start of any vehicle repair, the Company must provide a written repair estimate by a trained service advisor or technician. Estimates must include parts at the quoted cost rate. All estimates shall be at no charge to the City. The Company must obtain a work order number and authorization to perform the work from the City of Lubbock authorized Fleet Services designee before making any repairs. The Company must also obtain City approval for the type of repairs and the cost of repairs before proceeding with the work. The Company must submit a copy of the Work Order along with the Company's Invoice itemizing the labor hours, hourly labor rate, supplies, cost of supplies, parts list, and price for each part. The Work Order must contain the V number assigned by the City, the VIN number, the current license plate number, and the current vehicle mileage or hours. If any of the information is missing or incorrect, the Company will not be reimbursed for any services, repairs, maintenance, parts, or supplies. Annroval Procedures Approval for maintenance and repairs on all vehicles shall be as follows: Repairs up to $1,000 shall be verbally approved by an authorized Fleet Services designee. Repairs from $1,000 to $2,500 must have written approval from an authorized Fleet Services designee. Repairs over $2,500 must have written approval from an authorized Fleet Services designee and Director of Fleet Services. If any repairs are completed without proper authorization, the Company will not be reimbursed for any services, repairs, maintenance, parts, or supplies. e NOtlt1e8110 The Company must make a determination of the repairs, costs and times and notify the City within 24•hours after receiving the vehicle or equipment. Repeat Repairs The vendor will be responsible for correcting all previous repairs performed by the vendor that were incorrectly repaired or the repair failed to correct the reported deficiency. The vendor will be responsible for the total cost of the repair including any replacement parts. In the event of a Repeat Repair, the vendor shall open a new vendor work order. The new vendor work order must indicate on the work order "repent" or "return" work. Copies of the original City and vendor work orders and any applicable invoices shall be attached to the new work order. Pick -Up and Delivery The bidder's bid may include a separate price for pick-up and delivery of heavy vehicles or equipment. The bidder must indicate on the Bid Form the additional charge, if any, for this pick -up and delivery service. The City reserves the right to use this service as needed. Vehicles must be picked up by City personnel or delivered to a City location within 24-hours after the vehicle has been repaired. Parts. Supplies and Services The Company must use their own parts and/or supplies in completing all repairs. No City parts or supplies will be issued by the City Garage to the Company. The Company's invoice must include charges for all parts, supplies, and services used in making repairs. The Company must return all parts that were removed and replaced during the repair of the vehicle or equipment upon completion of the repair(s) and the parts must accompany the vehicle or equipment. The Company is responsible for all core returns and credits. Bid submissions Bids will be awarded by category of vehicles and equipment. Bidders are responsible for submitting all relevant, factual and correct information with their bid. If additional sheets are attached to the bid submittal package, the bidder shall clearly cross-reference the appropriate location in the bid solicitation (i.e. page number, paragraph, subject, etc.) Invoices Invoices will show only the cost rates indicated on the Bid Form. Any additional charges or fees not listed will be disallowed from any invoice. Vehicle shop repairs will be billed per the approved estimate. An individual Work Order shall be issued for vehicle shop repairs. No delivery or repair shall be performed without proper authorization. Invoices for parts purchased by the Company for all repairs to City vehicles and equipment will be made available for inspection by a City representative upon request. Invoices must display the company name imprinted on the face, the parts purchased and the date of the purchase. Repair invoices should match the parts invoice when there were replacement parts required for the repair. If a request is submitted by the City to review a particular invoice, that request will be met within 24 hours from the time of the request. Vehicle Pickup The Company is responsible for any damage to the vehicle or equipment while in the Company's control. The City shall be responsible for damages after the vehicle or equipment has been delivered to a City representative and said representative has inspected the vehicle or equipment and has verified that no damage occurred during the repair process. In the event that a vehicle is scheduled to be picked up from the City for repairs, the vehicle will be: 1. Picked up by tow vehicle/wrecker, or 2. Driven to the repair destination by a licensed and insured individual representing the Company. Special Requirements: 1. Company to provide secure shelter (locked fence) for City vehicles. 2. Estimate must be submitted to Fleet Services within 24-hour period of request. 3. All furnished parts must be OW or OI:M re -cycled parts. 4. All suspension or steering components must be OEM only. 5. All repairs shall be warranted for a period of 12 months or 12,000 miles CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. 12018-395113 CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. McWhorter's Ltd Lubbock, TX United States Date Filed: 08/22/2018 2 Name of governmental entity or state agency that Is a party tot the contract for which the form Is being filed. City of Lubbock Tx Date Acknowledged: 08/30/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 18-14198-sg Contract Number 14251 Maintenance & Repairs of City Heavy Vehicles 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary Riebel, Jim Lubbock, TX United States X 5 Check only if there Is NO Interested Party. 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) 1 declare under penalty of perjury that the foregoing Is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 iofi Complete Nos. 1-4 and 6If there. are interested parties. OFFICE USE 'ONLY Complete Nos.1, 2, 3, S. and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2018-395113 i Name of business entity filing form; and the city, state and country of the business entity's place of business. ' McWhorter's Ltd Lubbock, TX United States Date Filed: 08/22/2018 2 Name of governme-nM entity or state agency thrt Is a party to the contract forwhich the form s being flied. City of Lubbock Tx bate Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 18-14198-sg Contract Number 14251 Maintenance & Repairs of City Heavy Vehicles 4 Name of Interested Parry City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary Riebel, Jim . Lubbock, TX United States X 5 Check only if there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name Is I M _i G� and my date of birth Is 20' My address is IA& 60 dt a (street) ( ri (state) (zip code) (oountrl') 1 declare under penalty of perjury that the foregoing Is true and correct. Executed In V (.ice - _ County. State of , on the tr&, of 20t 9'. (rnond� (YrM►) lgnature of authoriz d agent of contracting business entity (oeciarani) Forms orovided by Texas Ethics Commission _ ir-Oate_tx_i,c vere;nn v1 119711