Loading...
HomeMy WebLinkAboutResolution - 2015-R0170 - Contract - Seay Collision II LLC - Mechanical Repairs To Fleet - 05/28/2015Resolution No. 2015-RO170 May 28, 2015 Item No. 6.32 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. 12296 for automotive body damage repair services and related mechanical repairs to the City's vehicle fleet per RFP 15 -12244 -MA, by and between the City of Lubbock and Seay Collison II, LLC, 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 this 28th day of May 2015. ATTEST: Garza, City Scott Snider, Assistant City Manager APPROVED S�Qr FFOTR ``�JJL Laur Pratt, Assistant City Attorney Resolution - Seay Collision 5.13, IS May 13, 2015 Resolution No. 2015 80170 CITY OF LUBBOCK, TX Body Shop Repair Services CONTRACT 12296 This Service Agreement (this "Agreement') is entered into as of the 28's day of May -2015, ("Effective Date") by and between Seay Collison II, LLC of Lubbock, Texas (the Contractor),and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals RFP 15 -12244 -MA for Body Shop Repair Services, WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Body Shop Repair Services, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Proposal and Best and Final Offer 4. Exhibit C — Insurance Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B, and hereto. Article 1 Services 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A. The City agrees to pay the amounts stated in Exhibit B, to Contractor for performing services. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. Nonappropriation clause. All funds for payment by the City under this Agreement 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 Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs fust. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on thirty (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 Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 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. 2.10 The City reserves the right to exercise any right or remedy 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. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX: A f: Rebecc Garza, City Secretary APPAS C TENT: 7 Scott Snider, Assistant City Manager APPROVED ASZQ FORM: j\ L �Q� La4aratt, Assistant City Attorney CONTRACTOR: C Contracto ' ature Seay Collison H, LLC Title GENERAL REQUIREMENTS INTENT Exhibit A The City of Lubbock is interested in receiving proposals from qualified offerors to provide automotive body damage repair services and related mechanical repairs to the City's vehicle fleet (including cars, light trucks, SUVs, Patrol Tahoes, vans, heavy trucks, fire apparatus, trailers, etc.). The City's intent is to establish an annual contract with multiple qualified Contractor's for these services for the period and renewal options specified. All offerers must be open to inspection of location prior to and during contract period by the City of Lubbock. Contractors are encouraged to submit proposals for all or any combination of vehicle class categories included in the City's fleet. Currently, the City's fleet includes the following: Vehicle Type Quantities (Approximate #) Sedans 269 SUVs 262 Light Duty Trucks 371 Vans 35 Heavy Duty Trucks 207 Fire Apparatus 42 Trailers 237 Repair of other specialized fleet equipment not listed in this section may also be requested as needed. SCOPE OF SERVICES The Contractor shall be responsible for making general body and required mechanical repairs related to accidents and vandalism to the City's owned or maintained vehicles or equipment. Estimates: In all cases, repairs shall only be authorized by, and compensated for to the extent as specified in the written Damage Repair Estimate (the "estimate") provided to the City by Contractor. Estimates may be subsequently amended by Contractor as required for hidden damages, but only with prior written approval by the City. Vehicles in need of repair estimates will be located at the City of Lubbock Fleet Facility at 206 Municipal Drive unless otherwise noted. The City of Lubbock Fleet Department will set a time for review of the needed vehicle with a Fleet representative present. The estimate shall clearly indicate supplied parts and repair materials as New Original Equipment Manufacturer's (OEM). Estimates must be received within 24 hours of examining the vehicle and must include photos of the areas in need of repair or replaced. Labor estimates shall be based upon and supported by standard reference publications generally recognized for use by the body repair industry, such as CCC Pathways software, Mitchell's, Alldata or Motor's Collision Repair manuals. The estimate shall state the reference publication used. Estimated completion times shall be furnished on each estimate as well as the expected start work date. The City may approve additional time to complete repairs for previously hidden damages or non-availability of repair parts upon Contractor's request and documentation and must be submitted within 24 hours of finding additional areas of need. Estimates need not include the price to replace the City of Lubbock logo or decal. That will be done at the City of Lubbock Fleet department. After approval has been given to the Contractor to do the work, it is the responsibility of the Contractor to pick up or tow the vehicle to the vendor's location. Performance: Quality of the completed work for fit, finish, sheet metal work, overall painting and patching must be acceptable to the City. The standard applied shall be: • Repaired surface area will match the rest of the vehicle in color, fit, and/or finish • All body and repair parts or materials used in the repairs shall be certified by their manufacturer as meeting Original Equipment Manufacturer's [OEM] specifications. The City, at its option, may elect to provide required repair parts to Contractor. In such case, Contractor shall not be required to warranty the City's provided parts or labor required for rework due to failure of the City's provided parts. If the Contractor decides to sublet any repairs to a third party, prior approval must be received from the City of Lubbock Fleet Department. Accident related damages discovered by Contractor subsequent to completion of the estimate and which were omitted from the estimate (hereafter "hidden damages"), shall be reported to the City to obtain written authorization to make such additional repairs and must be submitted within 24 hours of finding additional areas of repair need. Once the vehicle is complete, the Contractor will notify the City of Lubbock Fleet Department that the vehicle is ready for inspection at the Contractor's site. Once work is approved, vehicle will be picked up. The City will use the following items throughout the duration of the contract to evaluate contractors' performance 1. Number of estimates requiring supplementary repairs 2. Costs of supplementary repairs and parts 3. Number of times work was not completed on time 4. Number of times vehicle was sent back for rework 5. Number of invoicing errors ADDITIONAL REQUIREMENTS Contractor shall be liable for security and safekeeping of the City's vehicles to include attachments, components, emergency signal equipment and radios when left with Contractor for repairs. Contractor shall maintain records and comply with all applicable EPA and OSHA requirements governing auto body repair. Records of all hazardous waste removal shall be made available to the City or its assigned agents. Contractor shall maintain vendor receipts for parts used in making the needed repairs. Parts pricing shall be subject to audit by the City to verify the markup specified in the pricing schedule. City shall pay Contractor only for work specifically authorized and performed per the estimate and any previously approved supplements. Payment shall be made when the City's representative has accepted the repairs as satisfactory and signed the Contractor's invoice. A copy of the invoice must be given to the approver and one emailed to the City of Lubbock Fleet Department. INDEMNIFICATION AND RELEASE It is understood that any resulting contract executed will contain the following Indemnification and Release language: INDEMNIFICATION It is further agreed that the Contractor (separately and collectively the "Indemnitee") shall indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work done by the Contractor under this Contract. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. The contract shall be for a term of one year, with the option of four, one year extensions, The City has the option to extend the contract four additional times in one-year increments, for a total possible contract time of five years. If the CITY opts for an extension, the Contractor's rates, as listed on Schedule Rate, shall be increased or decreased in proportion to the percentage increase or decrease, if any, in the Consumer Price Index (all Urban Consumers) for the 12 month period prior to the beginning of each contract extension. This contract shall remain in effect until the expiration date, performance of services ordered, or termination 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. City of Lubbock, TX Body Shop Repair Services RFP 15 -12244 -MA PRICING SCHEDULE The offeror agrees to provide the requested services.'installation and equipment for automotive body damage repairs in compliance with the specifications, terms and conditions herein, as follows: State Warranty Period and Limitations, if any for. / Body- ,Glpec 4atr, J A/a*eAltoldta, Paint - �j(Kb f a( e, Mechanical repairs - Hourly labor rate for body -work repairs Hourly labor rate for paint/refmishing Hourly labor rate for mechanical repairs Hourly labor rate for fiberglass repair (if available) Price to clean interior & exterior of vehicle prior to delivery, as needed Percent markup for repair or replacement parts Percent markup, if any, on sublet repairs S &? 00 Hour $ 3g. 00 /Hour S 5 0 0 'Hour ,3?,09 'Hour Jdl00 Nehicle C20 0• Exhibit B Resource used for hourly labor repair estimate Ach e}r *r/&&&#4 &#4 2*71 E,,j Please provide a pricelist for painting (include total prep time) each vehicle class based on the follow I/ • Entire vehicle • Door • Hood, • Fender • Bumper cover o w,rw.aa Do.VKR 1544 - 14 City of Lubbock, TX Body Shop Repair Services RFP 15 -12244 -MA CONTRACTOR DATA 1. Indicate the length of time your company has been in business providing this type of service: Years VS Months /RO, 2. Do you have a frame machine on site at your facility? Yes ✓ No 3. What certifications do your personnel/employees possess?/Z1 t'Nsit='/t//CE <n0/1�/Allli/✓l� E r�/Ilra zoKl 1010AVQW AL W Z30df, n6a/d5' ) 4. What mechanical certifications do ypur personnel/employees possess? 4 /7) � n 6. Are there any types of vehicles you cannot accommodate? If yes, please specify/list type(s). Do you have your own towing capabilities? If not, please provide company in which you contract with for towiu, Q IS -I 14-M 15 Seay Collision, LLC 5721 Genoa Avenue Lubbock, Texas 79424 806-792-1570 price list for City RFP Price list for painting each vehicle class. (price includes blending paint to adjacent panels for color match) 1. Sedans $1,995 5. Heavy duty trucks 245 *Overall paint $1,450 *Entire Cab/front end $2,100 *Door w/blending 245 *Door 245 *Hood 245 *Hood 350 *Fender w/blending 190 *Fender 245 *Bumper cover 185 *Bumper 245 2. SW's 6. Fire apparatus *Overall paint $1,995 *Entire vehicle by visual estimate *Door w/blending 245 *Door 195 *Hood 245 *Hood 350 *Fender w/blending 190 *Fender 245 *Bumper Cover 185 *Bumper 245 3. Light duty trucks 7, Trailers *Entire vehicle $1,850 *Entire vehicle (open car trlt) 1,250 *Door w/blending 245 *Enclosed Cargo Trlr — Overall 1,750 *Hood 245 *Door 245 *Fender W/blending 190 *Fender 245 *Bumper cover 185 4. Vans *Entire Vehicle $1,995 *Door w/blend 245 *Hood 190 *Fender w/blend 190 *Bumper cover 185 REQUEST FOR BEST AND FINAL OFFER Body Shop Repairs RFP 15 -12244 -MA Description Fee Hourly labor rate for body -work repairs $35 Hourly labor rate for paint/refinishing $35 Hourly labor rate for mechanical repairs $65 Hourly labor rate for fiberglass repair (if available) $35 Price to clean interior & exterior of vehicle prior to delivery, as needed $10 Percent markup for repair or replacement parts 15% Percent markup, if any, on sublet repairs 15% Resource used for hourly labor repair estimate 15% Exhibit C CITY OF LUBBOCK, TEXAS RFP 15 -12244 -MA III. 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 authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated 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. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, 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 AMOUNT 1. Worker's Compensation $1,000,000 or Occupational Accident (Non Subscriber) $1,000,000 AND Employers Liability $1,000,000 2. Commercial General (public) Liability insurance including coverage for the following: a. Premises operations b. Independent contractors c. Products/completed operations d. Personal injury e. Advertising injury 3. Automobile Liability 4. Excess Liability Umbrella form 5. Garage Liability Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or its equivalent. Aggregate $1,000,000 Each Occurrence Aggregate $4,000,000 Combined single limit of $1,000,000 Auto Only — Each Accident $1,000,000 The City of Lubbock shall be named as additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. 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 30 days notice to the City for cancellation, nomenewal, 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. Q10YI fdx: 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" 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.