HomeMy WebLinkAboutC2021-291 - 11/9/2021 - ApprovedService Agreement Standard Form Page 1 of 8
Approved as to Legal Form June 2, 2021
SERVICE AGREEMENT NO. 3781
Vehicle Paint and Body Repairs for Fleet Maintenance
THIS Vehicle Paint and Body Repairs for Fleet Maintenance Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and Certified Collision Works, LLC (“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 Repairs for Fleet
Maintenance in response to Request for Bid/Proposal No. 3781 (“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 Repairs for Fleet
Maintenance (“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.
(A) This Agreement is for three years. 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 in writing prior to the expiration of the
original term or the then-current Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days’ written notice to the other Party.
3.Compensation and Payment. This Agreement is for an amount not to exceed
$152,200.00, subject to approved extensions and changes. Payment will be made
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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
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:
Name: Benjamin Sanchez
Department: Fleet Maintenance
Phone: 361-826-1959
Email: BenjaminS@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
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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.
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.
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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. 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: Benjamin Sanchez
Title: Contratcs Administrator
Address: 5352 Ayers Bldg 3A, Corpus Christi, Texas 78415
Phone: 361-826-1959
Fax: N/A
IF TO CONTRACTOR:
Certified Collision Works, LLC
Attn: Estanislado Medina Jr.
Title: Sole Managing Agent
Address: 6342 Greenwood Dr., Corpus Christi, Texas 78417
Phone: 361-225-2555
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Fax: 361-225-2522
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 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.
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20. Limitation of Liability. The City’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City 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.
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27. 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.
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CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
________________________________________________
Josh Chronley
Assistant Director, Contracts and Procurement
Date: _________________________
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. 3781
Exhibit 2: Contractor’s Bid/Proposal Response
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Estanislado Medina Jr.
sole managing agent
10/6/2021
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M2021-203
11-09-2021
___________________Authorized By
Council ________________________
11/11/2021
ATTEST:
_____________________________
Rebecca Huerta
City Secretary
ATTACHMENT A: SCOPE OF WORK
1.1 General Requirements/Background Information
The Contractor shall provide vehicle paint and body repairs for the Corpus Christi
Asset Management/Fleet Maintenance department for most City owned vehicles
and equipment except for EMS and Fire Department vehicles and equipment.
Vehicles included but not limited to other pieces of equipment. Sedans, Vans,
Motorcycles, ATV’s/UTVs’, trailers, Pickup trucks up to F-550 in size NO bigger than
that. These units may or may not have a service body and CNG (Compressed
Natural Gas) systems attached to them but, not limited to other pieces of
equipment.
1.2 Scope of Work:
A. Service requirements:
1. The Contractor is required to have a paint booth with an
extinguishing system.
2. The Contractor is required to perform the following work on
wrecked or damaged units/equipment.
3. Collision repair and complete paint.
4. Spot paint.
5. All rust repairs.
6. Welding and custom fabrication.
7. The Contractor must be able to work with aluminum bodies
and have the specialized tools to perform the job properly.
8. Diagnose and repair of electrical systems due to vehicle
accidents.
9. Fiberglass repairs.
10. Color matching – computer analyzed color matching system.
Contractor must use original materials. For instance, if vehicle
calls for basecoat/clear coat that is what needs to go on the
vehicle.
11. The Contractor is to provide high quality work. Meaning that
We do not want a body panel full of Bondo. We are expecting
a high-quality finish. The product for the whole procedure must
be held to that standard.
12. Glass replacement due to vehicle accident.
13. Headlight restoration.
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14. LED light replacement.
15. The Contractor must be able to remove and Install aftermarket
parts/accessories to get the job accomplished.
16. The Contractor may be supplied with parts to be used. New,
aftermarket, and used.
17. The Contractor must accept and install supplied parts if
provided by Fleet Maintenance.
18. The Contractor shall provide Original Equipment Manufacturer
(OEM) parts for all P.D. Marked pursuit rated vehicles. Fleet will
also have some donor P.D. Marked vehicles incase parts are
needed. When removing/replacing a Marked P.D. part. The
lettering, unit numbers, and adhesives, must come off that
piece before it gets disposed of.
19. The Contractor must be able to pull donor vehicle parts if
needed. Donor parts will only be issued if available. If parts are
needed you will have to contact the Contract Administrator.
Fleet may assist in pulling parts if time and workloads allow.
20. The Contractor must have a dustless media blasting and soda
blaster system.
21. The Contractors must be able to install rhino linings on units.
22. The Contractor must be able to install undercoating and rust
proofing.
23. The Contractor shall provide complete exterior vehicle
detailing after paint. The Contractor must also make sure
vehicle the interior is cleaned of any debris or dust from leaving
the windows down while working on vehicle.
24. The Contractor must be able to Buff and wax exterior of
vehicles.
25. The Contractor shall not exceed 10% of overall repair cost if,
having to sublet for any CNG tank removals and installation. If
having to sublet contractor must use a City’s contracted
company. That subcontractor shall be certified to repair
Compressed Natural Gas vehicles. No other sublets will be
allowed.
26. The City shall not be responsible for any towing charges for
immediate failures after repairs have been completed. If
immediate repair failures do occur while in contractors’
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possession, The Contractor will use the city’s contracted towing
company.
1.3 Estimates and Invoicing
A. The Contractor shall provide a detailed itemized description on
estimates to include cost and pictures of vehicle/equipment from when
it was dropped off in its current shape. Pictures will have to be of all sides
and angles.
B. Estimates and invoices will be in a pdf format at the very least. Estimates
and invoices will not be in scanned format.
C. If the Contractor estimates additional work will be beyond the original
estimates, the Contract Administrator will be notified for authorization
prior to work being performed.
D. The Contractor shall provide a detailed itemized description on the
invoice of the repair.
1.4 Lead Time
A. City vehicle repairs shall be First Priority over any other and all repairs.
The Contractor shall provide same day priority service for City
vehicles. This standard shall apply to a full six-day work week, Monday
through Saturday, and include items covered under contract as well
as non-contract repairs.
B. The Contractor shall have 4 business days to complete what is
constituted as a minor repair according to the manufacture.
C. The Contractor shall have 8 business days to complete what is
constituted as a major repair according to the manufacture.
Extension shall require Approval from Corpus Christi Fleet
Maintenance.
1.5 Delivery:
A. The City will use its authorized contracted towing company to deliver
the inoperative vehicle to the Contractor. The City will notify the
Contractor of vehicles being towed and delivered to vendor for
repairs. On the same day the vehicle is received, the Contractor shall
send an email to the City of Corpus Christi Fleet Maintenance
indicating the Date the vehicle was received and estimated
completion time of service.
B. City of Corpus Christi will transport operative vehicles. The Contractor
will not transport vehicles outside their premises nor onto City
property. The Contractor will NOT transport any P.D. Marked units at
all for any reason at all other than to move it in and out of their shop.
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1.6 Work Site and Conditions:
The Contractor must be located within a 25 miles radius of City of Corpus
Christi shop; located at 5352 Ayers Street.
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Attachment C: Insurance and 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. Commercial Broad Form
2. Premises -Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
GARAGE KEEPERS PHYSICAL DAMAGE
COVERAGE including:
Physical Damage on a Direct Primary Basis
Actual Cash Value of Vehicles and
Equipment While in Care, Custody
or Control, up to $600,000
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.
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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.
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 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.
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E. 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.
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 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 are required, therefore, Section 5 Insurance; Bonds subsection 5(B), is hereby
void.
2020 Insurance Requirements
Ins. Req. Exhibit 4-D
Contracts for General Services - Services Performed Onsite
06/08/2020 Risk Management -Legal Dept.
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ATTACHMENT D: WARRANTY REQUIREMENTS
Warranty on Labor and Workmanship shall be six-months.
Warranty on all materials shall be one year.
A. Covered warranty on new installation shall be one year or better for all labor
and material.
B. Warranty on all repairs shall be six-months or better for all labor and one-year
on materials. Any additional service call to repair deficiencies previously
addressed, will not be considered for payment.
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