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HomeMy WebLinkAboutResolution - 2013-R0212 - Contract - L&R Body Shop - Vehicle Body Repair - 07/11/2013Resolution NO. 2013—RO212 July 11, 2013 Item No. 5.7 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, Contract No. 11299 for vehicle body repair and paint services, by and between the City of Lubbock and L & R Body Shop, of Wolfforth, 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 July 11,..2013 GLEX Cl. ROBLRT90N. MAYOR '' ATTEST: eb cca Garza, City Secret APPROVED AS TO CONTENT: Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-L&R Body Shop June 27, 2013 Resolution No. 2013-RO212 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES Vehicle Body Repair and Painting Services CONTRACT 11299 THIS CONTRACT made and entered into this 11th day of July 2013, by and between the City of Lubbock ("City"), and L & R Body Shop, ("Contractor"). WHEREAS, the City of Lubbock duly advertised for bids for Vehicle 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 authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Vehicle 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 are attached hereto and made part hereof, Contractor will deliver to the City, Vehicle Body Repair and Painting Services and more specifically referred to as items one through three on 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 bid form, specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the bid form and specifications attached hereto. The contract shall be for a term of one year with four one year options to renew, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12- months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 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. Price adjustments may be allowed for "Pass Through" costs incurred by vendor. Requests for price adjustments will be WRITTEN, and will include documentation that substantiates additional costs. All requests will be received by the City 30 DAYS PRIOR to a requested effective date for a price adjustment. Such adjustments must be acceptable to both parties or the item(s) in question may be deleted from the contract with respect to further orders, or the contract may be canceled and new bids solicited 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of 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. 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: TYPE AMOUNT Products-Comp/OP AGG $1,000,000 Commercial General Liability General Aggregate Personal and Adv. Injury Contractual Liability Automotive Liability $1,000,000 Combined Single Limit Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named as primary additional insured on a primary and Non - Contributory basis on General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. 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. 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. 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 errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 13- 11299-DG, 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 Glen oberts n, Mayor ATTEST: Reb ca Garza, City Secretary APPROVED O CONT T. Scott Snider, Assistant City Manager APPRiF}V AS FORM: Assistant City Attorney CONTRACTOR orized Representative Print Name c 3 0�- ,PK -7-2 C, d Address Viral `- ix 7 i3 2— City, State, Zip Code Specifications Vehicle Body Repair and Painting Services CITY OF LUBBOCK, TEXAS ITB #13-11299-DG SCOPE OF WORK City of Lubbock intends to enter into contracts with qualified contractors to furnish body work for city vehicles and equipment to include, but will not be limited to the following: removing dents, repairing collision damage, rust removal, painting all or portions of vehicle bodies, etc. 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. Automotive frame and straightening machines with qualified operator (on -site or under contract). 2.1.3. The successful bidder must have the capability to do body and paint work indoors during inclement weather. The indoor area must be large enough to handle trucks requiring a minimum 13-foot height clearance, as needed. 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. Contractor receiving an award agrees to assume full liability and responsibility for all vehicles and contents (including radios and other standard or installed equipment), placed in its custody by the City under this contract. 2.4. This contract shall cover the following types of vehicles: 2.4.1. Passenger vehicles (sedans, light trucks up to 14,500 GVW and similar equipment such as vans etc), including fiberglass work. 2.4.2. Trucks, (FHWA Vehicle Classification), to include fiberglass work. 2.4.3. Specialty vehicles (Fire Apparatus and Fire Equipment) requiring higher than usual standards in quality of repairs, finish, etc, including fiberglass work. 2.5. All work done without the services of an independent appraiser shall be priced in accordance with the contractor's appraisal. Such appraisal shall be subject to review and approval by the City before any work may start. No appraisal for City owned vehicles shall be based on labor or parts discounts other than those contained on the contract, regardless of the cause of the damage or the eventual liability for repair costs, unless specifically approved in writing by the City. Page 29 of 26 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 the Fleet Service Department. 2.7. The City has estimated that approximately $100,000 will be spent in automotive body work during each year of the contract. This figure is only an estimate and is not a binding guarantee of the work to be done under the contract. Actual requirements may be more or less than the amounts estimated. The contractor shall perform such work as required by the city as needs are determined, and the contract shall be binding only for the actual services performed during the contract period. EXPERIENCE & REFERENCES Each bidder must complete Proven Experience Sheet and include it with their bid that will certify that they are experienced with or meet the requirements of this specification. This will include the number of mechanics you have, the names of companies for which similar work was performed along with the name of a person to contact and their phone number. 4. PRICING Pricing must be firm for one year from beginning of the contract, which shall be from the date of bid award through the balance of the City's current fiscal year ending. S. INVOICING The City's normal payment terms are Net 30. 6. DEVIATIONS 6.1. The City reserves the right to deviate from the terms and conditions of this agreement if: a. The Contractor cannot respond to an event in the time specified in this agreement, or b. The Contractor does not have the necessary material/equipment/personnel to perform the services required. COST ESTIMATES The successful contractor shall furnish all labor, equipment, and supervision to provide auto body repairs in accordance with the following: 7.1. Individual cost estimates for each vehicle or piece of equipment will be provided by the contractor before any actual work will commence. These estimates will include proposed 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 standard list less percentage as listed in Bid Form of this ITB. 7.2. 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 the Fleet Service Department or designee reviews the estimate and gives the contractor notice to proceed with the work. In no instance shall any repairs costing more than Page 30 of 26 the original estimate be performed without first notifying the Fleet Service Department 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. 7.3. All labor will be invoiced at the hourly rate set forth on the bidder's Bid Form of this ITB. All replacement repair parts will be invoiced at retail list price less percentage as listed in Bid Form of this ITB. 7.4. Contractor shall notify Fleet Services Department representative before subcontracting mechanical/service repairs. The city, at its option, may reject specified/selected subcontractor. NOTE: Insurance related repairs will be completed at the vendor chosen by the insurance company. 8. BODYWORK AND PAINTING REQUIREMENTS Vendor must be able to perform complete body repairs as well as paint vehicles and equipment. 9 PROTECTION OF VEHICLES It shall be the responsibility of the contractor to fully protect, at all times, city property entrusted to their care. The contractor shall reimburse the city for any and all damages to city 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 thirty (30) days after notification from the Fleet Services Department or Purchasing Manager. 10 GUARANTEE The contractor guarantees 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, with the exception of paint. Replacements and repairs under this warranty are to be made by the contractor at no cost and to the satisfaction of the city. All paint must have a two (2) year minimum warranty against peeling and fading. Page 31 of 26 THIS FORINI MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. BID FORM Vehicle Body Repair and Painting Services City of Lubbock, Texas ITB No. 13-11299-DG In compliance with the Invitation to Bid 13-11299-DG, 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 famishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 13-11299-DG is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. Item Description I QTY Hourly) Hourly Labor Rate 1. Passenger Nehicles, All makes and models of passenger cars, new and used. Labor Rate Per hour I 1 $ G Part/Material Pricing Discount amount: % 2. Trucks, All makes and models of trucks from class 1 through class 8, new and used. Labor Rate Per hour Part/Material Pricing Discount amount: IS % 3. Specialty Vehicles, various types of fire fighting trucks, new and used. Labor Rate Per hour 7- 1 $ S D 0 Part/Material Pricing Discount amount:-75 % Note: Items 1, 2 & 3 crash guide list shall be Mitchell's crash guide or the applicable industry standard list used by the appraisal firm. Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for Vehicle Body Repair and Painting Services with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are In the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. Page 4 of 26 PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Nlunicipal Po er Agency, Lynn County, and City of Wolfforth. YES NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal 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 — , ` /�c�"( a corporation organized under the laws of the State of or a partnership consisting of or individual trading as of the City of Firm: Address: City: State: Zip Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Page 5 of 26 M/WBE Firm Woman Black American Native American Hispanic American Asian Pacific Americi I Other (Specify) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: 1. Name and Manufacture's License No. 2. Name and Converter's License No. 3. Name and Representative's License No. 4. Name and Franchise Dealer's License No. General Distinguishing No. (Franchised TX dealer) A11thorifd�epresentative - must sign by hand Officer Name and Title: ��� /YI.��P���✓o / O�r.1/Ve%< L-`11- 6ov,y_ Please Print $ A -7 !• Business Telephone Number �� / % 3 d _ .Z FAX: c�i33 ` 99) < <o E-mail Address: FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.OJContmct Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Page 6 of 26