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HomeMy WebLinkAboutC2019-358 - 8/27/2019 - Approved GoOUS CI Imo_ O :iii v Gm SERVICE AGREEMENT NO. 2243 - i aipiz Vehicle Paint and Body Repair for CCFD 1852 THIS Vehicle Paint and Body Repair for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Richard E. Cruz, dba Rick's Detail and Body Shop ("Contractor), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Vehicle Paint and Body Repair for CCFD in response to Request for Bid/Proposal No. 2243 ("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 Vehicle Paint ,and Body Repair for CCFD ("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. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the.Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $254,700, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. 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 will be mailed to the following address with a copy provided to the Contract Administrator: -LAtio l_ — 5 AUTNNKILu. Service Agreement Standard Form VI IeitiNeW-12724-11-1424)061 Page 1 of 7 Approved as to Legal Form July 11, 2019 I '� E SCANNED City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 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: Ernie Villarreal Fire Department 361-826-8424 ErnieV@cctexas.com 5. Insurance; Bonds. (A) 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. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 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 free from defects, fit for their intended purpose, and of good material and 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 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. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 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: Ernie Villarreal Fire Captain 1501 Holly Road, Corpus Christi, TX 78417 Phone: 361-826-8424 Fax: 361-826-4451 IF TO CONTRACTOR: Rick's Detail and Body Shop Attn: Richard E. Cruz Owner 5146 Ayers, Corpus Christi, TX 78415 Phone: 361-855-4490 Fax: 361-855-4491 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11,2019 20. 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. 21. 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. 22. 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). 23. 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. 24. 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. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11,2019 CONTRACTOR Signature: Printed Name: 1 C C\ i7 Title: Jc x7 fl F E� Date: ( � 2(0 �q CITY OF CORPUS CHRISTI 2_ "FalckiL- Y. ,. Kim Baker Director of Contracts and Procurement ATTEST: b .A' 4 LMA/ ii"— Date: 6. 2-8 • IA RE: CCA HUERTA 'TV SECRETARY Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 2243 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form July 11, 2019 Attachment A: Scope of Work General Requirements/Backciround Information 1.0 The Contractor shall provide vehicle paint and body repairs on staff units, command staff units, limited ambulance units, and brush trucks for the Corpus Christi Fire Department (CCFD), as outlined in this Scope of Work. 1.1 Scope of Work A. CCFD shall receive priority service on an as needed basis over other vehicles being serviced. B. All repairs will be done at the Contractors place of business. C. City staff will be responsible for all delivery and retrieval of City vehicles and the Contractor will not come onto City property. D. The Contractor is required to have a paint booth with an extinguishing system. E. The Contractor is required to perform the following work on wrecked or damaged units: 1. Collision repair and complete paint 2. All rust repair 3. Welding and custom fabrication 4. Restorations on interior paint 5. Diagnosis and repair of electrical systems due to vehicle accidents 6. Repair power door locks 7. Fiberglass repairs 8. Color matching - computer analyzed color matching system 9. Glass replacement due to vehicle accident 10.Headlight restoration 11 .LED light replacement 12.Vehicle audio installation 13.Installation of all aftermarket accessories Page 1 of 3 D. The Contractor shall install window tinting as per DOT specifications. E. The Contractor must have a dustless media blasting and soda blaster system. F. The Contractor shall install Rhino lining on units. G. The Contractor shall install undercoating and rust proofing. H. The Contractor shall provide complete vehicle detailing. 1. Pressure washing of underside of vehicles 2. Shampoo interior of vehicles 3. Steam clean engine compartments 4. Buff and wax exterior of vehicle 5. Paint sealant 6. Small vehicles consist of four door sedans/. Medium vehicles consist of small SUV's, small pickups. Large vehicles consist of large pickup trucks, Large SUV's. 7. If Contractor estimates additional work will be involved, Contract Administrator will be notified prior to work being completed. I. The Contractor shall provide a detailed description of repair with estimated cost of repair prior to starting repair. J. The Contractor shall provide an itemized description on invoice of repair. 1.2 Estimates and Invoicing A. The Contractor shall provide a detailed description of repair with estimated cost. B. If Contractor estimates additional work will be beyond the original estimates, the Contract Administrator will be notified for authorization prior to work being performed. Page 2 of 3 C. The Contractor shall provide an itemized description on the invoice of the repair. D. Work will be paid for at the unit prices outlined in the contract. E. Allowance have been set up for unquantifiable items such as paint and supplies and part for vehicle repairs. These items will be paid at cost plus markup as allowed by contract. Receipts are required for all costs that fall under these areas. 1.3 Work Site and Conditions The work shall be performed at an offsite location. Location shall be within the Corpus Christi city limits. The Contractor location must meet adopted 2015 international fire codes. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Warranty Lifetime warranty on workmanship. Page 3 of 3 Attachment B: Bid/Pricing Schedule of)! CITY OF CORPUS CHRISTI ° dj- i CONTRACTS AND PROCUREMENT ke.ao / DEPARTMENT Iy OPOPP c BID FORM 1852 RFB No. 2243 Vehicle Paint and Body Repair for CCFD PAGE 1 OF 2 Date: 3--u\ 1 ' , 2_0t q , Authorized Bidder: l CAA �� 1--X'10+'FYI Signature: , 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1 Paint Labor HR 450 1g .c ' 1 2l jlo(i) °O Collision Repair to include Rust 2 Repair, Welding and Custom HR 450 Fabrication S 15,0° fb Zct ? , 3 Restoration on interior paint HR 150 4: `k .00 4' 1 2CC) 4 Diagnosis and repair of electrical HR 90 00 `'° systems S3O. "1 2_00. 5 Repairs of Power door locks HR 60 9 $p °C " d i4k1-0 6 Window Tinting-Front Windows PR 75 4' (o5.°O % 4 ,x-15. 7 Window Tinting-Rear Windows PR 75 '4 -15,C° "5 (,7S."`J 8 Window Tinting-Back Window EA 75 ®"15.`' '56 ZS Po 9 Fiberglass Repairs Labor HR 60 6 175 S 150D.w 10 Media Blasting and Soda Blasting MIN 7200 6 3 Ci0 r)21 (oC D '" 11 Powder Coating HR 30 "A i � c° ` 1 ctYJ "`" 12 Rhino Lining of Pick up - Short Bed EA 15 *.350 .c47 '5j,7��O.GQ 13 Rhino Lining of Pick up - Long Bed EA 15 r..tyM .Qv `'k 103S 00 14 Undercoating and Rust Proofing EA 30 44 t Vi.00 44 5(910. CO 15 Color Matching EA 150 N G G N. 16 Glass Replacement for Accidents HR 30 `ft l2�.cv `'/' 3"150 .° 17 Headlight Restoration PR 60 4, 50.°° 4+ 3000 . '") 18 Vehicle Audio Installation HR 9 0 Md, °i) ar 120 , 00 19 Labor for Installation of all HR 120 - r aftermarket accessories 15.o� 6i,000 .° 20 Complete Vehicle Detailing-Small EA 15 �, -�fl Vehicle 150. 2.250 . Complete Vehicle Detailing- 21 Medium Vehicle EA 18 4,200 co u 5(600 .0o 22 Complete Vehicle Detailing-Large EA 45 442:-. .op �� o© Vehicle �� Zsp . Allowances Cost % Markup Cost x Markup = Total 23 Paint and Supplies $12,000 20 "/. `' 14 1400."" 24 Parts for Vehicle Repairs $60,000 20 -/- 4 `I 2 ,000.' Total G 2.54 t` 03.:`„ Page 2 of 2 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. 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. 2. 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 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability $1,000,000 Per Occurrence Including: 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 Actual Cash Value of Vehicles While in COVERAGE including: Care, Custody or Control 1. Physical Damage on a Direct Primary Basis 3. 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. B. ADDITIONAL REQUIREMENTS Page 1 of 3 1. 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. 2. 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. 3. 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 4. 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 thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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. Page 2 of 3 Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. 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 hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. 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. 8. 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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-G Contracts for General Services -Services Performed Offsite - Garage Keepers 05/13/2019 Risk Management- Legal Dept. No Bond is required for this service. Page 3 of 3 Attachment D: Warranty Requirements Lifetime warranty on workmanship. Page 1 of 1