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HomeMy WebLinkAboutResolution - 2018-R0288 - Contract 14249 - 9/13/2018Resolution No. 2018-RO288 Item No. 6.18 September 13, 2018 RESOLUTION BE ITRUSOLVED BY THE CITY COUNCIL OFTHE ary 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. 14249 for maintenance and repairs on City heavy vehicles, and equipment, by and between the City of Lubbock and Waste Systems, of Abernathy, 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 September 13,,2018 - ----- --- ----------- ------- - DANIEL M. POPE, MAYOR ww"m 4Reb1cca Garza, City Secret y_ APPROVED ASTO CONTENT: Scott Snider, Assistant City Manager A13PROVED ASTO FORM: Ili Leisure, Assistant City Attorney ccdocs,' RES. Contract- Waste Systeins August 16, 2018 Contract 14249 City of Lubbock,TX Service Contract for Maintenance & Repairs on City Heavy Vehicle-s and Equipment THIS CONTRACT made and entered into this 13" day of September, 2018, by and between the City of Lubbock ("City"), and Waste Systun rns, (°"Contractor"), 01-Ifflo"i-sym 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 C'ity 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: I. In accordance with City's specifications and Contractor's bid, the Contractor will deliver Maintenance & Repairs on I-leavy 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. The contract shall be for a terill of one ( I ) year, with the option of fou r (4)1, one ( I ) 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 tirries be ail 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. 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. T1 IE CITY SHALL HAVE NO DI...JTY TO PAY OR PERFORM UNDER THIS CONTRACT UNT11., SUCH III .TIFICATE SHALL HAVE BEEN DELI VEICE D,roTHE CITY, INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the illWrance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deernied necessary and prudent by the City based uipon 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 fulfil 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): ,rvpE OF INSURANCE COMBINED SINGLE LIMIT GENERAL IJAPILITY E Commercial General I,iabilily 0 Other General Aggregate El Clafins Made 13- Occurrcncc Products-Comp/Op AGO [:1 W/IteavyEquiprnent Personal & Adv. Injury 0 To include Products of Compicitc Operation Ericlorsernenits Contractual Liability X— PROFESSIONAL LIAmu'ry 17 AUTOMOTIVE' LIABILITY Z Any Auto E] Scheduled Autos C3 Non -Owned Autos EXCESS LIABILITY EJ Urnbrclha Form ,GARAGE LIABILITY Any Auto BUILDEWS IRISK El INSTALI..,ATION FLOATU'R [:] All Owned Autos Ej Hired Autos El POLLUTION F-1 CARGO Z WORKE RS COMPFINSATION - STA11 110RY AMOUNTS OR OCCUPA110NAL MEDICAL AND DISABILITy [0 EMPLOYERS' LIABILITY OTI I ER. COP'] ES OF E,N DO,S EM ENTS A R E RE aU I RED To onchide prodiscis qJ'aompleteel operalions endorsement, Waiver qfsubrogafion inlavor q1t1w 0vqj"Lubbvck on all Fire Damage (Any one Fire) Meat Exp (Any one Person) General Aggregate Carnbintd Single Limit Each Occurrence 1LMQ&)Q Each Occurrence Aggregate Auto Only - Each Accident $ 1 0010.010110 Each Accident Aggregate . .... El 100% of the Total Contract Price F711 1001% of flieTotal M atcriall Costs W01101 The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers ol'subrogation in favor of the City on alll coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. ADDiTiONAL POLICV ENDOIRSEMENTS 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 CXCILIsions (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), UPOIII SUCII request by the City, the Contractor sha I I exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof, 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, oil 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, has the interest of cacti insured may appear) as to all applicable coverage; b, Provide for thirty (3,0) days' notice to the City for cancellation, nonrencwal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. Tile Contractor agrees to waive subrogation against the City of 1-tibbock, 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; 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. 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 op" Lubbock 1625 13" Street, Room 04 Lubbock, Texas 719401 EC' ION 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. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing front this Contract without the written consent of the other. 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 fbrms 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 firne during the term of the contract, or thereafter, the City, or a duty 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 verifying thav, (1) —The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement., 13 §D a L5_2 prohibits the City from entefing into a contract with a vendor th t is identified by Ile 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 foliowing documents set fortb 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 abo�ve writteni. Executed in triplicate. C ITY OF Lu!!��'K aniel M. Pope, Mayor ATTEST: 0— ........... cca ity CONTR��,+' . . . .......................... . Authorized Representative WIN�c '*%�'4si-cro-s . ........... Print N arne Address . ...... . . . . .........m. ay"", State, Zip C de City of Lubbockj'X Waste Systems of Lubbock, Maintenance Repairs to Heavy Vehicles and Equipment Ammm Category I Trucks over 1,500 Ibis GVWR (Class 6-7-8-9) Including Sweepers Cost Labor rate per hour (Billed in increments of full, half, and 1/4 hours) $ 75 % Markup abovelbelow parts Service Call per hour 20-30% VA ?:W-h- VA Ck-"..O' 11-1 [E;j tq'g411�rg 1'4j 4w'�ifll- - ,,I h." V,;,N.,,k .4 P"-.0 1,01,N1 A VqW, City of Lubbock, TX ITB 18-14199-SC Maintenance & Repair on City Heavy Vehicles and Equipment General Specifications M Air Conditilioning, Heating& Ventilation System Axles Brakes, Hubs, & Bearings Steering Suspension Drive Shafts Automatic Transmissions Charging Systems Cranking Systems i Ignition Systems Lighting Systems, Electrical Accessories Engines Exhaust Systems Fuel Systems Power Take -Off (PTO) Buckets /Booms fief Systems I Mt are included in this maintenance and repair contract, repair costs with the bid form. The City of Lubbock reserves the right to audit the labor hours charged each job and all overcharges will be brought to the attention of the vendon'The vendor shall issue a credit the overcharge: amount within 5 business days and the credit shall reference the City of Lubbock's vehic identification number and work order number. DrOmarn is, raroinnetarv. fte veTdwr ska. S'l x'1'E4f*-'cff'J wi" W-111 Program Name / Version work from the City of Lubbock authorized Flect Service$ designee beforemaking any r airs. must also obtain City approval for the type of repairs and the cost of repairs before proceeding with t work,. Uf� after receiving the vehicle or equipment. RsVgg&pkrs The vendor will be responsible for correcting all previous repairs performed by the vendor that w incorrectly repaired or the repair faited to correct the reported deficiency, The vendor will be responsible the total cost of the repair including any replacement parts,. In the event of a Repcat Repair, the vendor shall open a new vendor work order. The new vendor work ord must indicate on the work order "repleat" or "return" work, Copies of the original City and vendor wor wdersard any a s ppficuible invoice shall bic allached to the new work order 1UNTIMIJ-010 ME= Invoices will show only the cost rates indicated on the Bid Form. Any additional charges or fees not listed will be disallowed, from any involice. Vehicle shop repairs will be billed per, the approved estimate. An individual Work Order sh,aill be issued for vehicle shop repairs. No delivery or repair shall be perfori-nied 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 impninted on the facie, the parts purchased and the date of the purchase. Repair invoices should malch the parts invoice when there were replacement parts required for the repair, If a request is subrriitled by the City to review ail particular invoice, that request will be mict within 24 hours from thic time: of the request. Vr.hjr.]L "icku 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 - I , Picked up by low vehicleJwrecker, or 2. Driven to the repair destination by a licensed and insured individual representing the Company, Special Requirements: I . Company to provide secure shelter (locked fence) for City vchicic& 1 Estimate must be submitted to Fleet Services within 24-hour period of request, 3, A] I Wrn i shtd part s: must be OLM or 0 1 � M re-cyc led parts. 4All suspension or steering compoinents must be OEM only. 5iA] I repairs shall be warranted for a period of 12 months or 12,000 miles CERTIFICATE F INTERESTED TI FOR M 12951 Complete Nos. 1. 4 and 6 it there are interested panaes, OFFICE USE ONLY Complete NrD',s. 1, 2, 3. 5, and 6 it there are no interested ponces. CERTIFICATION OF FILING I Name of business eimluty filling forma, and the city, state and country of the business entity's place Certificate Number. of business. 2018.394554 "nr"~laste 'Systems Abernathy, TX United 'States gate piled: Name of governmental entity or state agency that -Fs a party to the contract far;whoa t e lorm is 08121/2 18 being tiled.. City of Lubbock bate Acknowledged; i 08121/2018 3 'Provide the Identification inumber used by the governmental entity or state agency to track or identify the contract, and provide a description of the seirvices, goods, or other property to Itue provided under the contract„ Contract 1424 ITS 18,-1.4198-Sty Maintenance & Repair on City Heavy Vehicles & Equipment 4 Nature of interest Name of Interested) Party City, State, Country (place of business) (check applicable) Controlling Intermediary Parkey, Terry I Abernathy, TX United States X Check only If there is NO Interested Party. tJNS'U" ORN DECLARATION My name is and any date of birth is ....... . ......... My address is .. (street) (city) (state) (zip code) (ewrowntry) I declare under penalty of perjury that the foregoing is true and correct. Executed in .............................. --,,—County, State of ......, on the stay of.......")")")")")")")")")")")")...... 20 mmm_ ('i rath) (yea l! ) Signature of authorized agent of contracting business ernlIty (Dei Forms provided by Texas Ethics Commission .elhics.stateAx.us; Version V1.0. 711 MIINTERESTED FORS x rui Complete INos, 1. - 4 arnd 16 it there are interested parties 707�FICIE LUS ONLY vrnpniete No$, 1, , Z 5, and it there are no interested parties. CeRCER"I IFIC 4i"�R�I~I OF FILING I Name of entity i iitng taarrm, and this city, state and country of the business erntity°s pt,,aca eirtiyacake Number: business. Waste Systems 2018-394554 Abernathy, "t""X United States hate Muted. INaman 'grnvIII rnrmertta ertk.ty arr stets aagency t s party tru dte ctrntract r c ¢ e trnrrm s tt'6r 1y 't being Cited. City of Lubbock Date Acknowledged: provide the identification number used by the governmental entity of Make agency to track or i+demtity this contract, and provide a description of the services„ goods, or other property to be provided under the contract. Contract 14249 RBA 18-14198-SG Maintenance & repair on City Heavy Vehicles & Equipment Nature, of interest Name of Interested Perty City, State, Country (place of business) (check applicable) ontrnatiin intermediary Parkey, Terry Abernathy, TK United States . ........................................................ 5 Check only it there is NO Interested 6 UiN6 ORN DECLARATION try name Bssae, ...... _ and my drake of birth is My address its � � � � � �" i � (street) (city) (state) (Ent CCXJep (wuntry)l I dledare under penalty at perjury that the foregoing is true and correct, Executed in TM1 nnunty, State err �6 Sanihe i, ay rni g , (e,raanlhJ� (yeari Signature Authorized agent at curwancting business entity (Durant) d,rrms provided by Texas Ethics Commission wwweihics. state. bt us varrinn vi .rn A711n