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HomeMy WebLinkAboutResolution - 2019-R0005 - Express Auto Glass - 01_10_2019Resolution No. 2019-R0005 Item No. 6.13 January 10, 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. 14446 for Vehicle Windshield and Window Services as per ITB 19-14407-RR, by and between the City of Lubbock and Express Auto Glass, 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 January 10, 2019 DANIEL M. POPE, MAYOR ATTEST: e cca Garza, City S cre ry APPROVED AS TO C "` Scott Snider, Assistant City Manager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ccdocs/RES.Service CONTRACT 14446 — Vehicle Windshield and Window Services December 12, 2018 Resolution No. 2019-R0005 Contract 14446 City of Lubbock, TX Contract for Vehicle Windshield and Window Services THIS CONTRACT made and entered into this j(1th day of Jamia T , 2019, by and between the City of Lubbock ("City"), and Express Auto Glass, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Vehicle Windshield and Window 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 as the named secondary provider for the purchase and delivery of the said Vehicle Windshield and Window 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: 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 Windshield and Window Services the secondary for items 1 thru 22 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 specifications, offer, and terms and conditions contained herein. 3. The contract shall be for a term of one (1) year, with the option of two (2), 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 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. 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 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 15011ONVing miniMUM limits of liability: TYPE AMOUNT General Liability $500,000 Commercial General Liability General Aggregate Products-comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability $500,000 Any Auto Workers Compensation Statutory Amounts Employers' Liability The City of Lubbock shall be named as additional insured on a primary and non-contributory basis on auto/general liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. 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 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 are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation 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 goods 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 insurance from the Subcontractor that complies with all contract insurance requirements. 12. SB 252 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. 13. HB 89 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 term of the Agreement. 14. This Contract consists of the following documents set forth herein; Invitation to Bid No. 19-14407-RR, Specifications, and the Bid Form. Intentionally left Blank 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 LUBBO '-- Daniel M. Pope, Mayo ATTEST: Q0 I MY A -A Reb cca Garza, City S r ary CONTRACTOR BY Authorized Representative ��h!/l J Print Name g %5" 7'; Address �- AS D-CONTE T j City, State, Lip Code c tto Snider, Assistant City Manager APPROVED AS TO FORM: fi 2 Kelli Leisure, Assistant City Attorney Cite of Lubbock, TX Vehicle Windshield and Window Services ITB 19-14407-RR Specifications Scope and Intent: This specification describes service to provide windshield repair or replacement for the City of Lubbock cars. light to heavy-duty trucks and off -road equipment on an as -needed basis. The contract is to be for a period of one year. said date of term beginning upon City Council date of formal approval. The City and Contractor may, upon written mutual consent, extend the contractfortwo additional one-year periods to provide Windshield and Window Services for vehicles for the City of Lubbock. The rates may also 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. If agreement cannot be reached, the contract is terminated at the end of the current contract period. Multiple Awards: In order to assure adequate coverage for remote locations throughout the City, the City may make multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in the best interest of the City. Cost and location will be used in making this determination. 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. General Requirements: Installation personnel shall be certified in automotive glass installation. The successful bidder shall supply OWNERS REPESENTATIVE, the names and license numbers of those individuals so qualified. The successful bidder must stock a substantial quantity of glass of the size, type and quality bid so as to be able to effect a replacement in the time frame specified. Mobile service calls are a requirement of this bid. Additionally, some City vehicles may be taken to the glass company's place of business for windshield repair or replacement: other glass replacement or repairs may require the vendor to work on site either in the City or to outside City of Lubbock locations. The successful bidder must respond within twenty-four hours, after notification of City requirements. Hourly rates quoted in this bid shall include ALL services such as glass, parts, materials and labor needed to perform the work. Material Specifications and Requirements: Motor Vehicle Safety Standards (FMVSS) related to automotive glass. Sealant used during the installation of all products shall be SikaTackiASAP or approved equal. Drying time for sealants shall not exceed two (2) hours at 60 degrees F. Vendor shall provide upon request, Material Safety Data Sheets (MSDS) for the contents of the resins to be used. The City of Lubbock reserves the right to approve or reject any type of resin proposed for windshield repair. All glass supplied with this contract shall be manufactured in the UNITED STATES and shall meet the requirements of the original vehicle materials, such as tint, fit and applicable standards. Replacement windshield glass shall additionally meet Federal guidelines. Safety glass must meet the exacting requirements for the American Standard Safety Code for Safety Glazing Materials for Glazing Motor Vehicles operating on Land Highways (HSA Z26.1-1966) and Federal Motor Vehicles Safety Standard No. 205 (or subsequent revisions) as indicated. • FMVSS 205 Glazing Materials • FMVSS 208 Occupant Crash Protection • FMVSS 212 Windshield Retention • FMVSS 216 Roof Crush Resistance The %varranty_ of all kiminat• d. or Glass must be ruarinteed n !,ainst m•lnufarturintt 01--coc'ts. \vnrl:irmishin. and materials. cr(11 flat automotive -lass parts for doors. windows and particularly windshields shall consist of two pieces of Polished Plated or Float Glass laminated together with an interlayer of vinyl plastic, in order to provide the greatest elasticity and resistance to breakage at all temperatures. The quality of glass must reflect an absence of excessive distortion and have superior vision from any angle. Tinted glass must keep car interior cooler and guard against eyestrain from glare of sunlight. Material for windshields must meet the Federal Motor Vehicle Safety Standard No. 205, AS 1 symbol. The Sunshade type windshield with the interlayer of vinyl plastic graduated in color. must transmit not less than 70% of the incident white light below the AS 1 symbol. Flat Safety Sheet Glass, clear or tinted, of similar thickness laminated together with an interlayer of vinyl plastic for greatest elasticity and resistance to breakage, shall be designated as AS2 or AS3 and used for replacement of glass other than windshields. Tempered Safety Glass clear or tinted, shall be of one piece Polished Plate or Float Glass, and specially tempered to be approximately four times as strong and flexible as ordinary Annealed Glass. This Glass must be exceptionally resistant to impact and have the breakage characteristic of disintegrating into innumerable small pieces with comparatively blunt edges as related to sharp fragments of broken ordinary glass. Tempered glass may be used for glass replacement other than windshield. Related parts, installations kits, and other materials required for glass replacement shall be first grade, first line products, and of a quality equal or superior to but no lower than that used on original equipment. Vendor shall provide repair service for automotive glass with cracks a maximum of 2 inches and chips a maximum of .95 inches in diameter. Service shall be performed to the satisfaction of the authorized City representative. Vendor shall not repair a crack in the acute area of the windshield. The acute area is 8 %z inch x 1 1 inch wide area of the windshield directly in the driver's view beginning just above the steering wheel. If a repaired area crack reforms or continues from the same break within 30 days after the repair is completed, vendor shall repair the crack at no cost to the City. If the crack cannot be repaired, vendor shall issue a credit towards windshield replacement for the City. Finish shall be virtually undetectable ad smooth. Any City vehicle that cannot be repaired shall be reported by the vendor to the authorized City employee. Vendor shall leave the work area clean and free of materials, debris and vendor equipment to the satisfaction of an authorized City employee. Vendor shall remove from the area and dispose of all defective materials removed in performance of the service and in strict accordance with all applicable rules, regulations, codes, laws, ordinances and statutes. Broken glass and related debris shall be vacuumed from vehicle interiors. Glass shall be cleaned and excess sealer shall be removed. Clean up shall be included in the bid price. Vendor is responsible for removing and disposing of debris. The City will not allow vendor to utilize on -site trash bins paid for by the City. Vendor shall comply with EPA guidelines for the disposal of hazardous material. PRICE This contract shall cover all windshields including curved, flat or tempered sa}ety glass, (both tinted and clear) that are currently in the City's fleet, and any vehicles added to the fleet during the term of the contract. QUANTITY Any stated quantities on the bid form are expressly agreed to be an "estimated annual usage" only, and nothing herein shall bind the City of Lubbock to purchase any specified amount of the product. It is also further understood that the City of Lubbock shall not be obligated to purchase or pay for any amount of the product unless and until ordered and received by the City of Lubbock. REVISED Vehicle Windshield and Window Services City of Lubbock, TX ITB 19-14407-RR In compliance with the Invitation to Bid No. 19-14407-RR, 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 below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid No. 19-14407-RR is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM QTY (+/_) SHOP WINDSHIELD REPLACEMENT PER WINDSHEILD FLAT RATE DISCOUNT OFF *MSRPINAGS L 250 CLASS I - 6,000 lbs. & less $ 0 414 75 CLASS 2 - 6,001 - 10,000 lbs. j' 50 CLASS 3 - 10,001 - 14,000 lbs. 4. B 5 CLASS 4 - 14,001 - 16,000 lbs. 5. ,e 14 CLASS 5 - 16,001 - 19,500 lb& 6 Aiw 7. � 250 CLASS 6 — 9 — 19,501 lbs. and over � Additional charge - Tempered Glass $ "� 8. Additional charge - Tinted Glass $ Additional charge — Travel outside limits Per Mile:$ ITEM QTY (+/_) MOBLIE WINDSHIELD REPLACEMENT PER AVINDSHEILD FLAT RATE DISCOUNT OFF *MSRPINAGS 10.., ' 250 CLASS I - 6,000 lbs. & less 11.0 75 CLASS 2 - 6,001 - 10,000 lbs.jr- 2 50 CLASS 3 - 10,001 - 14,000 lbs. 3 5 CLASS 4 - 14,001 - I6,000 lbs, 3' 14 14 CLASS 5 - 16,001 - 19,500 lbs. j 15;4j 16 250 CLASS 6 — 9 — 19,501 lbs. and over Additional charge - Tempered Glass $ 17 Additional charge - Tinted Glass $ 18. Additional charge — Travel outside limits Per Mile:$ ITEM SHOP CRACK & DING REPAIR PER HOURLY RATE DISCOUNT OFF *MSRPINAGS 19 G CLASS 1- 9 (all vehicles) - Front & Back Windshield 20 CLASS 1- 9 (all vehicles) - Side Windows /� ITEM MOBILE Per Hourly Rate Discount off *MSRP/NAGS CRACK & DING REPAIR 21 CLASS 1- 9 (all vehicles) - Front & Back Windshield $ �/ 2_.� CLASS 1-9 (all vehicles) -Side Windows d% ►I *Manufacturer's Suggested Retail Price/National Auto Glass Specifications The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial formalities. In order to assure adequate coverage for remote locations throughout the City and Lubbock County, the City may make multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in the best interest of the City. Cost and location will be used in making this determination. 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. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of ,0 %, net -4650" calendar days. 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. TNTERLOCAL 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 Interloca) Cooperation Act (Chapter 791, Government Code), the right to purchase die 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 Municipal Power Agency, Lynn County, and City of Wolfforth. YES t/ 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 BYIQ�1J �a corporation organized under the laws of the State of orrra partnership consisting of or individual trading as of the City of Firm: Address: City: Bidder acknowledges receipt of the following addenda: Addenda No. Date State: Zip Addenda No. Addenda No. Addenda No. M!WBE Firm: Date Date Date Woman Black American I I Native American hispanic American Asian Pacific Americl 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. Oce. 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 /✓�fi and Manufacture's License No. y� 2. Name /N�.1' 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) By mot A- Date: /11 Authorized Representative - must sign by hand Officer Name and Title: Please Print Business Telephone Number .464FAX: &�/ E-mail Address: N FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firtn/Individual: Date of Award by City Council (for hids over $50,000): Date P.O.!Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH TIIE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.