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HomeMy WebLinkAboutResolution - 2004-R0132 - Agreement For Mobile Fleet Maintenance Services - TIBH Industries, Inc. - 03/04/2004Resolution No. 2004-RO132 March 23, 2004 Item No. 59 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Mobile Fleet Maintenance (Washing and Detailing) Services and any associated documents by and between the City of Lubbock and TIBH Industries, Inc., and Marian Moss Enterprises, a copy of which Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 23rd day of Mar , 2004. ARC M'cDbuGAL, MAYOR l� rty Secretary APPROVED AS TO CONTENT: �b--j�q 4 Victor Kilma Purchasing Manager APPROVED AS TO FORM: T277"U 5Donald G. Vandiver, Attorney of Counsel Ddres/FleetMaintRes February 13, 2004 Resolution No. 2004-RO132 March 23, 2004 Item No. 59 CONTRACT FOR STATE USE PROGRAM THIS AGREEMENT IS MADE by and between City of Lubbock, hereinafter called CITY OF LUBBOCK, TIBH Industries, Inc., hereinafter called TIBH, and Marian Moss Enterprises, hereinafter called PROVIDER. WITNESETH WHEREAS, Chapter 122 of the Texas Human Resources Code authorizes CITY OF LUBBOCK to purchase services and products from blind and severely disabled persons and establishes procedures for such purchase, said statute, authority and procedures hereinafter referred to as the State Use Program; and, WHEREAS, The Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons has lawfully promulgated rules for the State Use Program at Title 40 of the Texas Administrative Code, Chapter 189; and, WHEREAS, pursuant to the rules, CITY OF LUBBOCK has determined to set aside a service or product generally described as Mobile Fleet Maintenance (Washing and Detailin to be once and for all dedicated to the State Use Program and said service or product to be furnished by PROVIDER; however, said service or product can be removed from State Use in accordance with said rules and as further provided in Article 17 of this agreement; and, NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, CITY OF LUBBOCK, TIBH, and PROVIDER mutually agree as follows AGREEMENT Article 1. Contract Period This contract shall become effective on May 1, 2004 and terminate on April 30, 2005, unless termination occurs as otherwise provided in this agreement. The contract may be renewed annually for up to four additional one-year terms under the same terms and conditions as the original. Article 2. Scope Of Work PROVIDER shall undertake, perform, and complete all work authorized in Attachment A, Scope of Work, at the locations and costs described in Attachment B, Item Quantity Sheet. Article 3. Compensation The amount payable under this agreement shall be according to the attached payment schedule, except as authorized in Article 9, Changes in Work. MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 1 of 12 PROVIDER shall submit periodic requests for reimbursement using forms acceptable to CITY OF LUBBOCK. Such requests shall be made for work performed or products furnished by PROVIDER. Compensation shall be made in accordance with the rates established in Attachment B, Item Quantity Sheet. PROVIDER hereby assigns all payments due it by CITY OF LUBBOCK to TIBH. CITY OF LUBBOCK shall make payment directly to TIBH on behalf of PROVIDER and no liability shall attach to CITY OF LUBBOCK by PROVIDER's assignment to TIBH. TIBH shall deduct a 6% fee and shall compensate PROVIDER the remaining 94%. Article 4. Insurance Before beginning work, PROVIDER shall obtain appropriate insurance coverage and furnish documentation of such coverage to CITY OF LUBBOCK. Appropriate coverage is listed and marked below. Do not sign this agreement unless the appropriate box is marked. [ ] PROVIDER is a state agency. PROVIDER, being a State Agency, acknowledges that it is not an agent, servant or employee of the City of Lubbock, and it is responsible for its own acts and deeds and for those of its agents or employees during the term of this contract. [X] PROVIDER is not a state agency. PROVIDER must provide CITY OF LUBBOCK with evidence of insurance coverage as follows: 1. Workers' Compensation Insurance with employers' liability limits of $100,000/$50,000/$100,000 2. Commercial General Liability Policy including premises/ operations, products/ completed operations independent contractor, blanket contractual, fire damage legal, broad form property damage, and personal/ advertising injury. The Commercial General Liability Policy requires a $1,000,000 combined single limit for injury or death of any person(s) and property damage, arising out of one occurrence except that fire legal liability limits of $50,000 are acceptable. 3. Automobile liability with a limit of $300,000 combined single limit for bodily injury and property damage arising out of any one occurrence. The cost of such insurance shall be a direct cost of operation by PROVIDER. Such policies shall contain a covenant of the insurance company requiring thirty MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 2 of 12 (30) days written notice first to be given to CITY OF LUBBOCK before cancellation, reduction, or modification. Such policies shall also be primary and non-contributing with any insurance carried by CITY OF LUBBOCK. CITY OF LUBBOCK shall be named as an Additional Insured on Automobile and General Liability and a Waiver of Subrogation in favor of CITY OF LUBBOCK shall be provided on all policies. 4. If a subcontractor is employed, the subcontractor shall provide a written certification to PROVIDER that the subcontractor is providing workers` compensation insurance coverage for all employees of the subcontractor employed on the project, and PROVIDER shall provide CITY OF LUBBOCK written certification to this effect. However, when PROVIDER and subcontractor agree in writing for PROVIDER to provide workers' compensation insurance coverage for all employees of PROVIDER and subcontractor employed on the project, PROVIDER shall provide a copy of said agreement to PROVIDER's workers' compensation insurance carrier within 10 days of execution, and provide a written certification of said agreement to CITY OF LUBBOCK. Article 5. Records PROVIDER and TIBH agree to maintain all books, documents, papers, drawings, accounting records, and evidence pertaining to costs incurred and work performed hereunder, hereinafter called the records, and shall make such records available at its office during the contract period and for three years from the date of final payment under this contract. PROVIDER and TIBH shall allow access to the records by duly authorized representatives of CITY OF LUBBOCK for the purpose of making audits, examinations, excerpts, and transcriptions. Article 6. Indemnification PROVIDER and TIBH each shall save harmless CITY OF LUBBOCK from all claims and liability due to the acts or omissions of PROVIDER or TIBH, their agents or employees to the extent provided by law. Article 7. Disputes If a dispute arises about the services authorized under this agreement, PROVIDER shall immediately notify CITY OF LUBBOCK and TIBH. Every effort shall be made to resolve the dispute. MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 3 of 12 If, however, the dispute cannot be settled in an amount of time deemed reasonable by CITY OF LUBBOCK, CITY OF LUBBOCK shall terminate this agreement in accordance with Article 13, Termination. TIBH shall coordinate with CITY OF LUBBOCK to furnish another Provider under THE STATE Use Program, and a new agreement shall be entered into for the services or products set aside under the terms of this agreement. If another Provider cannot be found to provide the services or products, TIBH shall notify CITY OF LUBBOCK in writing no later than thirty days from the date of termination of this agreement. Upon receiving such notice, CITY OF LUBBOCK shall at is own option complete the work with its own forces or enter into a contract using appropriate procedures other than the State Use Program, except that PROVIDER and TIBH shall not thereby be absolved of legal responsibility for such work. Article 8. Remedies Violation or breach of the terms of this agreement by PROVIDER or TIBH shall be grounds for termination of the contract. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed by either party and shall be cumulative. Article 9. Changes in Work If at any time during the course of this agreement it becomes necessary for PROVIDER to perform services or provide a product not identified in the original Attachment A, Scope of Work, PROVIDER shall notify CITY OF LUBBOCK and request authorization to proceed. CITY OF LUBBOCK shall notify PROVIDER in writing if the additional work is deemed necessary and shall authorize PROVIDER to proceed with the increased work. If at any time during the course of this agreement it becomes necessary for CITY OF LUBBOCK to cancel or otherwise make changes in the services or products authorized in Attachment A, Scope of Work, CITY OF LUBBOCK shall so notify PROVIDER in writing and PROVIDER shall cancel or otherwise change the work as instructed by CITY OF LUBBOCK. PROVIDER shall not request compensation for any work so canceled. If the maximum amount payable established in Article 3, Compensation, is exceeded as a result of the additional or changed work, CITY OF LUBBOCK shall provide additional compensation at the rates specified in Attachment B, Item Quantity Sheet. If rates have not been specified for the additional work tasks, CITY OF LUBBOCK, PROVIDER, and TIBH shall mutually agree to the rates, provided, however, that rates are reasonable and consistent with rates normally charged for the work. MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 4 of 12 Any additional compensation must be authorized in writing and approved by all parties in accordance with Article 10, Supplemental Agreements. This agreement may be amended to reflect additions to work performed with the appropriate amount of compensation being added to Attachment B "Item Quantity Sheet". Article 10. Supplemental Agreements If PROVIDER finds that any work requested under this agreement will change the scope, character, complexity, or nature of the work, the time period, the method of payment, or the maximum cost hereunder, a written amendment must be executed within the time period established in Article 1, Contract period. Any such amendment shall be deemed to be a supplemental agreement to this document. If CITY OF LUBBOCK finds it necessary to require changes in completed work because of errors made by PROVIDER, CITY OF LUBBOCK shall require PROVIDER to correct the work at no cost to CITY OF LUBBOCK and without amendment to the agreement If the changes are made at the request of CITY OF LUBBOCK and are not because of errors of PROVIDER, CITY OF LUBBOCK shall compensate PROVIDER as authorized in Article 9, Changes in Work. Article 11. Inspection of Work CITY OF LUBBOCK shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of PROVIDER, PROVIDER shall provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. Article 12. Reporting PROVIDER or TIBH shall promptly advise CITY OF LUBBOCK in writing of events which have a significant impact upon the work performed under this agreement, including: 1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accomplished by a statement of the action taken, or contemplated, and any CITY OF LUBBOCK assistance needed to resolve the situation. MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 5 of 12 2. Favorable developments or events that enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. Article 13. Public Safety and Convenience The safety of the public and the convenience of traffic are of prime importance under this agreement. Unless otherwise provided, PROVIDER's performance of this agreement shall not interfere with city activities or traffic on the roadways. Article 14. Protection of Property PROVIDER shall take proper precautions to protect all adjacent property that might be damaged or injured by any process of work. In case of any such injury or damage resulting from PROVIDER's acts or omissions, PROVIDER shall restore at its own expense the damaged property to a condition, similar or equal to that existing before such injury or damage was done, or it shall otherwise remedy such injury or damage in a manner acceptable to CITY OF LUBBOCK, TIBH, and the property holder or owner involved. If CITY OF LUBBOCK must intervene and repair any damage not repaired by PROVIDER, all such repairs shall be made at PROVIDER's expense. CITY OF LUBBOCK shall deduct the costs associated with the repair from the amount due and payable to PROVIDER, or PROVIDER shall otherwise compensate CITY OF LUBBOCK for the cost of repair. Article 15. Subcontracts PROVIDER shall not sublet or transfer any portion of the work authorized in this contract unless specifically authorized to do so in writing by CITY OF LUBBOCK. Subcontractors shall comply with the provisions of this contract, and subcontracts in excess of $25,000 shall include the required provisions of this contract. No subcontract shall relieve PROVIDER of his or her responsibility under this contract. Article 16. Gratuities Employees of CITY OF LUBBOCK shall not accept any benefits, gifts, or favors from any person doing business with or who reasonably speaking may do business with the State under this agreement. Any person doing business with or who reasonably speaking may do business with CITY OF LUBBOCK under this agreement may not make any offer of benefits, gifts, or favors to CITY OF LUBBOCK's employees except as mentioned here above. Failure on the part of PROVIDER to adhere to this policy may result in termination of this contract. MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 6 of 12 Article 17. Termination This agreement may be terminated before the completion date established in Article 1, Contract Period, by any of the following: A. By mutual consent and agreement of both parties hereto. B. By CITY OF LUBBOCK, giving notice in writing to PROVIDER and to TIBH, as consequence of failure by PROVIDER or TIBH to perform the services herein set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of PROVIDER and TIBH. C. By either party upon the failure of the other party to fulfill its obligations as set forth in the Scope of Work attached hereto and labeled Attachment A, giving written notice one to the other establishing the effective date of termination. D. By satisfactory completion of all services and obligations described herein. Should CITY OF LUBBOCK terminate this agreement as herein provided, no costs other than costs due and payable at the time of termination shall thereafter be paid to PROVIDER or TIBH. In determining the value of the work performed by PROVIDER prior to termination, CITY OF LUBBOCK shall consult with TIBH but CITY OF LUBBOCK shall be the sole judge. Payment for work at termination shall be based on work completed at that time. If PROVIDER defaults in performance of this agreement or if CITY OF LUBBOCK terminates the agreement for fault on the part of PROVIDER or TIBH, CITY OF LUBBOCK shall give consideration to the actual services or products provided up to the date of default. Article 18. Compliance with Laws PROVIDER and TIBH shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary wage statutes and regulations, and licensing laws and regulations. When required, PROVIDER and TIBH shall furnish CITY OF LUBBOCK with satisfactory proof of compliance. Article 19. Successors and Assigns CITY OF LUBBOCK, TIBH, and PROVIDER each binds itself, its successors, executors, assigns, and administrators to the other parties to this agreement and to the successors, MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 7 of 12 executors, assigns, and administrators of such other party in respect to all covenants of this agreement. PROVIDER has assigned all payments due it by CITY OF LUBBOCK under this agreement to TIBH. Payments should be sent to the following address according to Articles 3 & 19. TIBH Industries, Inc. 300 Highland Mall Blvd., Suite 302 Austin, Texas 78752 The Payee Identification Number is: 17522473119001 Article 20. Signatory warranty The undersigned signatories each hereby represents and warrants that each is an officer of the organization which he or she has executed this contract and that each has full and complete authority to enter into this agreement on behalf of the agency. IN WITNESS WHEREOF, the parties hereto have executed triplicate counterparts to effectuate their agreement, but this agreement shall not be valid until signed by a duly authorized representative of each party. CITY OF Mayor ATTEST: Re ecc GarzaqCity Secretary APPROVED AS TOC N Robert Robinson, Fleet ervices Manager -w- Attorney MARIAN MOSS ENTERPRISES Sheila Kidwell, President ATTEST: Corporate Secretary TIBH, INC. Larry Sardee, Marketing presentative v,Allwl0- Corporate Secretary MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 8 of 12 ATTACHMENT A SCOPE OF WORK 1. DESCRIPTION: Resolution No. 2004-RO132 This item shall govern for fleet maintenance for: City of Lubbock 2. METHODS OF OPERATION PROVIDER shall visit the sites and examine spaces and/or equipment to be serviced. PROVIDER shall carefully examine the Scope of Work and secure additional information from CITY OF LUBBOCK, if necessary, that may be essential for a clear and full understanding of the work required. Before beginning operations, a pre -work conference between representatives of CITY OF LUBBOCK and PROVIDER shall be arranged. In this meeting, PROVIDER shall outline the proposed method of accomplishing this work, sequence of work to be followed, estimated progress schedule and plans. 3. SERVICE REQUIREMENTS: PROVIDER shall be responsible for any damages that occur to the existing property of the CITY OF LUBBOCK caused by PROVIDER's equipment or personnel. Any damages shall be repaired immediately to its original condition or better. PROVIDER shall exercise caution whenever working near telephone or power lines. CITY OF LUBBOCK shall not provide any storage space for equipment or supplies for PROVIDER on City of Lubbock's premises. 1. Supplies and Equipment For all operations requiring the placement and movement of PROVIDER's equipment, PROVIDER shall observe and exercise all necessary caution and discretion, so as to avoid injury to persons, damage to property of any and all kinds, and annoyance to, or undue interference with the movement of the public and CITY OF LUBBOCK personnel. All ladders, or other devices used to reach surfaces not otherwise accessible, shall be of sound construction, firm and stable, and shall be maintained in good condition; and, that all such equipment shall be moved onto the areas where they are required, placed, shifted where necessary, and removed from the areas in such a manner as to provide maximum safety to persons and property and cause the least possible interference with the normal use of such areas by the public and city personnel 2. Fleet Maintenance. MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 9 of 12 The service this will cover is as follows: Included with outside wash price is: complete wash with wheel wells included and rinse, dry outside of windows Interior cleaning shall be: vacuuming, wipe down dash, window cleaning interior The fleet shall be washed on an every two week basis, with the work being done on Saturday and Sunday. The work shall be accomplished on site at the location each vehicle is assigned. Work locations shall be arranged so as to allow for half of the work to be done on the first weekend and the rest on the second weekend. A record shall be kept, using the license plate number of the vehicle as identification, of each wash provided. A schedule of the work locations for each twelve (12) month period shall be provided to the Fleet Maintenance Director when final information has been received. Home stored vehicles shall be washed at their work locations during the week, or as an emergency call, at the above quoted prices when ten (10) vehicles are available at one location. Fewer vehicles may require a price adjustment for unit cost. Emergency call out work shall be done at the above stated prices. If excessive emergency call outs occur then negotiations may be requested to deal with extra cost. 4. MEASUREMENT: Fleet maintenance shall be done by the cycle. A cycle is defined as the satisfactory completion of outside washing or special requested interior cleaning for each unit (vehicle) serviced in a two-week time period. 5. TRAFFIC CONTROL: PROVIDER shall at all times make the drive(s) accessible and provide safe passage through the drive(s) to the traveling public and private citizens. 6. PAYMENT: The work performed in accordance with this Scope of Work and measured as provided under "Measurement" shall be paid for at the unit price fleet Maintenance. This price shall be full compensation for furnishing all labor tools, equipment and incidentals necessary to complete the work. Payments shall be made once each month, for approximately a thirty (30) day time MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 10 of 12 period, for work completed and approved, within each pay period. That shall begin on the 1St day of the month and continue for a one (1) month period, which shall end the last day of the month. Payments should be sent to the following address according to Articles 3 & 19. TIBH Industries, Inc. 300 Highland Mall Blvd., Suite 302 Austin, Texas 78752 The Payee Identification Number is: 17522473119001 7. CONTRACT MANAGEMENT: It is PROVIDER's responsibility to see that all work is completed as stated above. Contract Management involves setting the performance standards by PROVIDER and managing the work and their employees to maintain the standards as set forth in the Contract Specifications. PROVIDER is responsible for implementing and maintaining a quality control system to identify and correct performance concerns. 8. MISCELLANEOUS: CITY OF LUBBOCK is committed to maintaining an alcohol and drug free workplace. Possession, use or being under the influence of alcohol or controlled substances by PROVIDER's employees while in the performance of this service is prohibited. Violation of this requirement shall constitute grounds for termination of this contract. MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 11 of 12 Resolution No. 2004-RO132 ATTACHMENT B Item Quantity Sheet Item Vehicles Washed Unit Unit Price Within a Two - Week Cycle Outside wash city 1-499 Per vehicle $12.50 vehicle one (1) ton and below Outside wash city 500 or more Per vehicle $10.00 vehicle one (1) ton and below Outside wash city Any amount Per vehicle $35.00 vehicle above one (1) ton Interior cleaning of Any amount Per vehicle $5.00 vehicle MOBILE FLEET MAINTENANCE WASHING AND DETAILING CONTRACT PAGE - 12 of 12