HomeMy WebLinkAboutResolution - 2011-R0550 - Contract - L&R Body Shop - Bus Paint And Body Repair For Citibus - 12/01/2011Resolution No. 2011-RO550
December 1, 2011
Item No. 5.14
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. 10154 for bus paint and
body repair for Citibus, 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 December 1, 2011
zz� �4-11
TOM'MARTIN, MAYOR
ATTEST:
Rebec Garza, City Secretary
APPROVED AS TO CONTENT:
Quincy Wh' Assistant City Manager
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Contract-L & R Body Shop
November 14, 2011
Resolution No. 2011-RO550
CONTRACT 10154
CITY OF LUBBOCK, TX
CONTRACT FOR
BUS PAINT AND BODY REPAIR - CITIBUS
CONTRACT NO. 10154
THIS CONTRACT, made and entered into this 1st day of December, 2011, pursuant to a
resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of
Lubbock ("City"), and L & R Body Shop ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Bus Paint and Body Repair
services for Citibus, and bids were received and duly opened as required by Iaw; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of
Lubbock has accepted such bid and authorized the execution in the name of the City of Lubbock
a contract with said Contractor covering the purchase and delivery of the said Bus Paint and
Body Repair Services for Citibus.
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
specifications and bid are attached hereto and made part hereof, Contractor will deliver
to the City the Bus Paint and Body Repair Services for Citibus and more specifically
referred to as Line Itcm(s) 1-7 of the bid submitted by the Contractor or in the
specifications attached hereto.
2. The contract shall be for a term of three (3) years, said date of term beginning upon
formal approval. The contract may be renewed for two (2) additional one (1) year
periods. 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.
3. 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.
4. 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.
Written consent from both parties is required for all price adjustments. 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.
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. At any time during the term of the contract, or thereafter, the City, or a duly authorized
audit representative of the City, 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 the 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.
7. 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
Worker's Compensation $ 500,000
and
Automotive Liability Combined Single Limit $ 200,000
Commercial General Liability $ 1,000,000
Garage Endorsement
$ 500,000
The City of Lubbock shall be named a primary additional insured with a waiver of
subrogation in favor of the City on all coverage's to include Products and
Completed Operations. All copies of the Certificates of Insurance shall reference the
project name or bid number for which the insurance is being supplied.
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.
8. The contractor shall also maintain workers compensation insurance in the statutory
amount.
9. 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.
14. 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.
11. This Contract consists of the following documents set forth herein; Invitation to Bid No.
12 -10154 -DG, General Conditions, 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:
Tom Martin, Mayor
ATTEST:
Reb ca Garza, City Secreta
APPROVED AS TO CONTENT:
Quincy Whi Assistant City Manager
APP D TO FORM
Assistant City Attorney
CONTRACTOR:
Authorized Representative's Signature
Printed Name
Address
t,Ja1 e'AA xic 7i �fz
City, State, Zip Code
Resolution No. 2011—RO550
ADDENDUM # I
BID FORM
In compliance with the Invitation to Bid ITB 12 -10154 -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
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 ITB 12 -10154 -DG is
by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITEM
QTY
UNIT OF
MEASURE
Description
Hourly Labor Rate
1.
130
Hourly
Body repair
$ 34), o �
2.
130
Hourly
Fender repair
$ 3&_00
3.
130
Hourly
Bumper repair
$- 14
4.
130
Hourly
Frame Repairs
$ �U
5.
130
Hourly
Paint Services — Labor and Materials : Dupont
Paint or an approved equal.
$ pa
gut
6.
l
EA
*Pickup and delivery of buses.
$ 0
7.
%
Percent %
Parts Mark-Up (%) from Vendor List Price
%
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 Form
*Citibus will not transport buses to and from the successful bidders body shop location.
PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of 15 %, net 3U'`15
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
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