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HomeMy WebLinkAboutC2024-304 - 12/3/2024 - Approved SERVICE AGREEMENT NO. 6154 Upfitting of Three Medic Units CO Pn 0.PtE 1852 THIS Upfitting of Three Medic Units Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Frazer, LTD ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Upfitting of Three Medic Units in response to Request for Bid/Proposal No. BuyBoard #650-21 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Upfitting of Three Medic Units ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. The term of this Agreement is 32 months beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $865,652.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable Service Agreement- Frazer (Medic Units) Page 1 of 7 P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: John Juarez Fire Department Phone: 361-826-3994 Email: johnj2@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are fit for their intended purpose and of good material and Service Agreement- Frazer (Medic Units) Page 2 of 7 workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. Reserved. Service Agreement- Frazer (Medic Units) Page 3 of 7 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: John Juarez Fire Department 2406 Leopard St., Suite 300 Corpus Christi, TX 78408 Phone: 361-826-3994 Fax: 361-826-4339 IF TO CONTRACTOR: Frazer, LTD Attn: Kalyn Salsman, Regional Sales Manager 7219 Rampart St. Houston, TX 77081 Phone: 281-817-6224 Fax: N/A 17. Reserved. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. Each parties maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. Service Agreement- Frazer (Medic Units) Page 4 of 7 In no event shall either party be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior Service Agreement- Frazer (Medic Units) Page 5 of 7 negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (Signature Page Follows) Service Agreement- Frazer (Medic Units) Page 6 of 7 CONTRACTOR Signature: Printed Name: Kalyn Salsman Title: Regional Sales Manager Date: 2/20/25 M2024-172 Authorized By CITY OF CORPUS CHRISTI Council 12/3/2024 SeY�ro l/i(,Ga.raxa seoaMs.�sos,a�r, Sergio Villasana RHSB Director, Finance & Procurement Date: 03/06/2025 Approved as to form: ElizaboM Handley 03/05/2025 Elizabeth Hun dley(Mars,202516:06 ST) Assistant City Attorney Date }ATTEST: Attached and Incorporated by Reference: Attachment A: Scope of Work Rebe-ee�Hu-,-r6 Attachment B: Bid/Pricing Schedule Rebecca Huerta(Mar 6,2025 16:04 CST) Attachment C: Insurance Requirements Rebecca HLierta Attachment D: Warranty Requirements City Secretary Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. BuyBoard #650-21 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement- Frazer (Medic Units) Page 7 of 7 ATTACHMENT A: SCOPE OF WORK 1.1. General Requirements/Background Information The Contractor shall provide upfitting services for three Fire Department Medic Unit vehicles. Upfitting is the term used to describe the installation of accessories and equipment customized for Medical Emergency units. Three F-450 chassis will be provided by the City to the Contractor for upfitting with delivery of chassis expected between the months of March to May 2025. 1.2. Scope of Work A. The Contractor shall provide upfitting services to include, but is not limited to, such items as lights, full compartment partitions, sirens, push bumpers, and center console keyboard mounting plates. B. The Contractor shall supply and install upfitting kits for the use in: a. Three 2024 Ford F-450 Medic Units. C. Installation of the upfitting equipment will be performed offsite in accordance with applicable, current, and recognized standards. D. The Contractor shall not come onto City property to perform the installation. E. City staff will provide the delivery and return of the vehicles selected for upfitting. F. Work shall be scheduled to begin within one week after all equipment is received by the vendor and the City has been notified. G. The Contractor shall complete three vehicles within 18-24 months after chassis are delivered. Revised 11.30.20 Page 1 of 1 H�EAB Frazer, ATTACHMENT B-PRICING Defining the Future of Mobile Healthcare- DATE 09/09/2024 CONTACT NAME Rick Trevino TITLE Assistant Fire Chief DEPARTMENT NAME Corpus Christi Fire Department EMAIL rtrevino@cctexas.com Buyboard Quote# 4189 Rick Trevino, rtrevino@cctexas.com Below is itemized pricing for contract Ambulance #650-21: Chassis Type: Type 112' on Customer Provided Chassis 124,120.00 r� Published Options 1 1066 Chassis // Heat Shielding// Heat Shielding $ 1,750.00 2 . 1075 Chassis // Paint// Paint One Color $ 5,500.00 3 1086 Chassis//Suspension//LiquidSpring on Rear Axle $ 12,000.00 4 1077 Chassis//Paint//Repaint Wheel Set $ 2,000.00 5 1037 Chassis//Camera//Dodge OEM Camera $ 750.00 6 1065 Chassis//Grille Guard//Black Ranch Hand Grille Guard/Full Replacement with Wrap-arounds $ 1,500.00 7 1031 Chassis//Air Horn System//Dual 10"& 12"Air Horns $ 1,250.00 8 1193 Module//PowerSource//MEPS $ 15,000.00 9 1183 Module//Paint// Non White 12' $ 2,250.00 10 1011 General//All products listed in the current Stryker/Physio-Control List Price Book $ 38,750.00 11 1116 Module//Captain's Chair//Valor Captain's Chair with Child Safety $ 2,000.00 12 1036 Chassis//Air Horn System//Standard Compressor $ 750.00 3 . 1013 General //All products listed in the current Whelen Automotive $ 7,300.00 4 . 1202 Module//Shorepower// Dual 20/30 Kussmaul $ 750.00 5 . 1167 Module// Hold-Open //Gas Hold-Opens on Compartments $ 1,000.00 6 . 1082 Chassis //Security//Anti-theft System $ 750.00 7 . 1100 Module//Acrylic// 22 Pocket Acrylic Holder $ 750.00 8 . 1109 Module//Cabinets// Double Squad Bench Cabinet $ 750.00 9 . 1196 Module// Restraint//6pt Harness(each) (includes structure) $ 500.00 10 . 1196 Module// Restraint//6pt Harness(each) (includes structure) $ 500.00 11 1196 Module// Restraint//6pt Harness(each) (includes structure) $ 500.00 8 . 1159 Module//Glovebox/Handrail //Glovebox/Handrail Combo at the Squad $ 350.00 9 1088 Chassis //Tint//Chassis Window Tint $ 250.00 10 . 1034 Chassis//Air Horn System //Operated with Momentary Switch $ 100.00 11 1101 Module//Action Wall //(2) Dual USB $ 250.00 $ $ Total Published Options $ 97,250.00 Unpublished Options 1 Customer Provided Chassis & Items Fee (Including Replacement of Rear $ 5,451.00 2 . Window with Sliding Window, $ 1,500.00 3 . Blackout Cladding- Powdercoated treadbrite on diamond plating and $ 2,100.00 4 . Tier 2 Standard Graphics Package $ 6,200.00 5 . Install Customer Provided Radio Equiment $ 1,200.00 6 . Furnish & Install FireTech Mini Brow Light $ 2,250.00 7 . Install Customer Provided CradlePoint Modem & Run Cat-5 cable for Key $ 2,250.00 8 . Furnish & Install Plastix Plus console in lieu of Frazer console $ 3,500.00 9 . Furnish & Install Transafe Power-Load Floor Mount Kit $ 5,000.00 10 . Chassis Exterior Upgrade- price variance to match Frazer Quote $ 9,000.00 11 Module Exterior Upgrade- price variance to match Frazer Quote $ 7,250.00 12 . Furnish & Install Large Map Holder with Ribbed Rubber interior and Lind $ 750.00 13 . Laydown 02 with Divider& Removable Shelf includes 2 high D cylinder $ 975.00 14 . Module Interior Upgrade- price variance to match Frazer Quote $ 3,800.00 15 . Price Variance for 12'XT Module vs 12'Module as shown on line 12 $ 14,938.00 16 . Chassis Interior Upgrades- Price Variance to Match Frazer Quote $ 750.00 Total Unpublished Options $ 66,914.00 Base Price $ 124,120.00 Published Options $ 97,250.00 Unpublished Options $ 66,914.00 Subtotal (1) $ 288,284.00 Qty 3 Extended Total (3) $ 864,852.00 Buyboard Fee $ 800.00 Grand Total $ 865,652.00 Chassis Dealer: Frazer, Ltd. Terms and Conditions Please make your purchase order out to: Frazer, Ltd. 7219 Rampart Houston, TX 77081 Please email a copy of your purchase order and this quote to Kalyn Salsman at 1 ksalsman(@frazerbilt.com 2 * Chassis prices subject to change, Frazer does not determine chassis pricing or the frequency of pricing changes. Dealer sets prices and increases at their discretion. Changes in pricing are more frequent due to current suoaly chain issues. Frazer will notify you of anv changes. if they occur. Thank you for the opportunity to quote this job. If you have any questions please don't hesitate to contact me. Best Regards, 1{alytt Salm,nan Regional Sales Manager Frazer, Ltd. 0: (281) 817-6224 M: (281) 505-4142 k-.aIgman0fra7PrhiIt.c-nm ATTACHMENT C: INSURANCE & BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury GARAGE KEEPERS PHYSICAL DAMAGE $1,500,000 COVERAGE including: Actual Cash Value of Vehicles While in Physical Damage on a Direct Primary Care, Custody or Control Basis C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. Page 1 of 3 B. 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 on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit Page 2 of 3 hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bonds required for this Agreement. 2023 Insurance Requirements Ins. Req. Exhibit 4-1) Contracts for General Services - Services Performed Offsite 01/01/2023 Risk Management - Legal Dept. Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Warranty is lifetime and covers the workmanship (wiring on the aftermarket, and installation of the parts.) The manufacture warranty covers the items that are installed in the vehicle. Page 1 of 1 RFQ Revised 4.19.2019