HomeMy WebLinkAboutContract 2022-157AAGREEMENT No. 2022-157
AUTO EDDY REPAIR SERVICES
THIS AGREEMENT, is made and entered into this January 10, 2023, by and between the CITY
OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose
address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and
RACHEL'S COLLISION CENTER, LLC., whose address is: 917 A West Oakland Avenue,
Oakland, FL 34760, (hereinafter referred to as "CONTRACTOR").
WHEREAS, the City of Clermont issued RFB 23-009 titled Auto Body Repair Services;
WHEREAS, CONTRACTOR submitted its response dated December 1, 2022, to RFB 23-009;
WHEREAS, CITY desired to award a contract to CONTRACTOR in accordance with the terns
and conditions of RFB 23-009 and CONTRACTOR's response thereto;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
1. SCOPE OF WORK
The CONTRACTOR shall furnish auto body repair services as described in CITY's RFB 23-009
and CONTRACTOR's December 1, 2022 response thereto, which are expressly incorporated
herein and made a part of the Agreement Documents hereto and shall do everything required by
this Agreement and the Agreement Documents. Provided, however, that nothing herein shall
require CITY to purchase or acquire any items or services from CONTRACTOR.
2. THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the
Agreement Documents and the Unit Price Schedule an amount in accordance with the
compensation schedule set forth in Exhibit "A", attached hereto and incorporated herein.
3. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to CITY with auto repair services upon receipt
of an authorized order from CITY and shall provide the requested items in the timeframe
and as set forth in RFB 23-009 or in the specific purchase order submitted by CITY.
Nothing herein shall obligate CITY to purchase any specific amount of product from
CONTRACTOR or create an exclusive purchase agreement between CITY and
CONTRACTOR. CITY shall not be obligated or required to pay for any items received
until such time as MY has accepted the items in accordance with the order provided to
CONTRACTOR.
B. CONTRACTOR, upon receipt of a purchase order hereunder, shall immediately notify
MY if it has an issue or question related to the fulfillment of the order or whether there
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will be any delay in providing the items requested. Failure of CONTRACTOR to so
notify CITY will preclude CONTRACTOR from seeking payment of any kind for any
items that were delayed in delivery. Upon receipt of notification of the delay, CITY may
at its sole option cancel the order and seek the items from any available source.
C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any
services herein by CITY or by any agent or representative as in compliance with the
terms of this Contract shall not operate as a waiver by the CITY of strict compliance with
the terms of this Contract and the CITY may require the CONTRACTOR replace the
accepted services so as to comply with the warranties and specifications hereof.
D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
4. TERM AND TERMINATION
A. This Agreement is to become effective upon execution by both parties and shall remain in
effect for a period of three (3) years thereafter, unless terminated or renewed as provided
for herein.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's
convenience upon thirty (30) days written notice to CONTRACTOR; b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of
the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a
labor dispute, which threatens to have a substantial, adverse impact upon the performance
of this Agreement, without prejudice to any other right or remedy CITY may have under
this Agreement. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for work, properly performed and accepted prior to the effective date of
termination.
C. Upon mutual Agreement of the parties, this Agreement may be renewed for three (3)
additional one-year terms. Sixty (60) days prior to completion of each extended term of
this Agreement, CONTRACTOR may request and the City may consider an adjustment
to price based on changes in the Producer Price Index (PPI).
5. PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall
submit an invoice to CITY upon completion of the services and delivery of products to CITY as
set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for
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all accepted deliveries and undisputed products delivered and services provided, within thirty (30)
calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION - MEDIATION
A. Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to mediation as a condition precedent to voluntary arbitration or the
institution of legal or equitable proceedings by either party.
B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in Clermont, Lake County, Florida, unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement Agreements in
any court having jurisdiction thereof.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its employees connected with the work of this Project and, in case
any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide
Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall
comply with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the
CITY, for the protection of employees not otherwise protected.
Workers' Compensation and Employer's Liability per the statutory limits of the State of Florida
Chapter 440 F.S. ($500,000 Each Accident and $500,000 Disease -Each Employee with $500,000
Disease -Policy Limit).
7.2. CONTRACTOR'S Commercial General Liability Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business Automobile Liability Insurance as shall protect it from claims for
damage for personal injury, including accidental death, as well as claims for property damages
which may arise from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows:
CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate).
Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit.
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Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to
provide coverage on an occurrence basis.
7.3. Automobile Liability Insurance
Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
7.4. Garage Liability Insurance
Garage Liability: $1,000,000 ($2,000,000 aggregate).
Garage Keeper Liability: $500,000
7.5. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorneys fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) , and (2) is caused in whole
or in part by any negligent act or omission of the CONTRACTOR, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not such acts are caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right to obligation of indemnity which would otherwise exist
as to any party or person described in this Article; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
B. In any and all claims against the CITY or any of its agents or employees by any
employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and
valuable consideration from the CITY for the indemnification provided herein.
8. NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with return
receipt requested and postage prepaid, or by nationally recognized overnight courier service to the
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address of the party set forth below. Any such notice shall be deemed given when received by the
party to whom it is intended.
A. CONTRACTOR:
■ Rachel's Collision Center, LLC.
■ Attn: Rachel Faulkner, Owner
* 917 A West Oakland Avenue, Oakland, FL 34764
A. OWNER:
* City of Clermont
* Attn: Brian Bulthuis, City Manager
* 685 W. Montrose Street, Clermont, FL 34711
9. MISCELLANEOUS
9.1. Attorneys' Fees
In the event a suit or action is instituted to enforce or interpret any provision of this Agreement,
the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as
attorneys' fees at trial or on any appeal, in addition to all other sums provided by law.
9.2. Waiver
The waiver by city of breach of any provision of this Agreement shall not be construed or operate
as a waiver of any subsequent breach of such provision or of such provision itself and shall in no
way affect the enforcement of any other provisions of this Agreement.
9.3. Severability
If any provision of this Agreement or the application thereof to any person or circumstance is to
any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified
in such a manner as to make the Agreement valid and enforceable under applicable law, the
remainder of this Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest
extent permitted by applicable law.
9.4. Amendment
Except for as otherwise provided herein, this Agreement may not be modified or amended except
by an Agreement in writing signed by both parties.
9.5. Entire Agreement
This Agreement including the documents incorporated by reference contains the entire
understanding of the parties hereto and supersedes all prior and contemporaneous Agreements
between the parties with respect to the performance of services by CONTRACTOR.
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9.6. Assignment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either party's assets, this Agreement is personal to the parties hereto and
may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of
city.
9.7. Venue
The parties agree that the sole and exclusive venue for any cause of action arising out of this
Agreement shall be Lake County, Florida.
9.8. Applicable Law
This Agreement and any amendments hereto are executed and delivered in the State of Florida and
shall be governed, interpreted, construed and enforced in accordance with the laws of the State of
Florida.
9.9. Public Records
The CONTRACTOR expressly understands records associated with this project are public records
and agrees to comply with Florida's Public Records law, to include, to:
A. Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the services contemplated herein.
B. Provide the public with access to public records on the same terms and conditions that the
CITY would provide the records and at a cost that does not exceed the cost provided in
this Florida's Public Records law or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR upon the termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. CONTRACTOR shall use reasonable efforts to
provide all records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE
CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT THE CITY CLERK'S OFFICE, (352) 241-7331.
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10. CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Contract as if herein
repeated.
Document Precedence:
A. This Agreement
B. Purchase Order 1 Notice To Proceed
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in RFB 23-009 titled Auto Body Repair Services and
CONTRACTOWs response thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 131h day of
December, 2022.
City of Clermont
Tim Murry, Mayor
Attest:
Tracy Ackroyd Howe, City Clerk
r.
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Rachel's Collision Center, LLC.
By:
(Signature)
Print Name: Rachel Faulkner
Title: Owner
Date: 12/14/22 11:51 EST
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CLANT
SELECTED VENDOR
Rachel's Collision Center, LLC.
VEHICLE HOURLY RATE
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City of Clermont
Procurement Services
Freddy Suarez, Procurement Services Director
685 W. Montrose Street, Clermont, FL 34711
ATTACHMENT "A"
RFB No. RFB 23-009
Auto Body Repair Services
CL AMT
PARTS DISCOUNT
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City of Clermont
Procurement Services
Freddy Suarez, Procurement Services Director
685 W. Montrose Street, Clermont, FL 34711
Request For Bid #RFB 23-009
Title: Auto Body Repair Services
3. SCOPE OF WORK
3.1. Statement of Work
The City of Clermont intends to enter into contract with one or more qualified respondents to
provide body repair of City vehicles, to include but not limited to, removing dents, repairing
collision damage, rust removal, painting all or portions of vehicle bodies, etc.
Where possible, the City of Clermont adjuster will provide the initial estimate for the successful
respondent to begin vehicle repairs. In the event the successful respondent feels that the
estimate is in error or contains hidden and unseen damage was not covered in the initial
estimate, the successful respondent shall contact the Fleet Services representative to write a
supplemental estimate to repair the vehicle damage not covered. This estimate shall be in
accordance with successful respondent bid price for parts and labor (due within 24 hours after
vehicle arrives or is picked -up). The estimate shall indicate labor and/or parts cost by
component. If the estimate is over $500.00, the successful respondent must contact City's
adjuster, or the Fleet Services representative to inspect the vehicle damage and provide a copy
to the City's adjuster and Fleet Services representative. If a scheduled vehicle comes in to be
seen and it is determined that the damage is "not worth repair", or should the successful
respondent choose to do a "no charge repair" the successful respondent must send an email
with those statements to the Fleet Services representative. The successful respondent shall
provide Fleet Services photos of the damage.
All work done without the services of an independent appraiser shall be priced in accordance
with the successful respondent's appraisal. Such appraisal shall be subject to review and
approval by the City before any work may start. No appraisal for City owned vehicles shall be
based on labor or parts discounts other than those contained on the response to this bid and
executed agreement, regardless of the cause of the damage or the eventual liability for repair
costs, unless specifically approved in writing by the City.
3.2. Reauirements
The successful respondent must have a complete body shop meeting the following minimum
requirements:
A. Paint booth.
B. Automotive frame and straightening machines with qualified operator (on -site or under
contract).
C. An inside storage area for police and other vehicles which contain electronic equipment.
For the purpose of this specification "inside storage" includes storage within a secured
area, which could include a locked and fenced area acceptable to the City.
D. The successful respondent awarded the truck portion of the contract must also have the
capability to do body and paint work indoors during inclement weather. The indoor area
must be large enough to handle trucks requiring a minimum 13-foot height clearance.
The City may opt that used parts be utilized depending on the age and value of the equipment
being repair. Successful respondent assumes full liability and responsibility for all vehicles and
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Request For Bid #RFB 23-009
Title: Auto Bodv Repair Services
contents (including radios and other standard or installed equipment), placed in its custody by
the City.
The City reserves the right to perform and inspection of the respondent's workplace during the
evaluation period and any time during the term of the contract and use this inspection as a
means for determining the respondent to which award recommendation will be made. The
acceptability of the size, location, and overall functionality of the service facility shall be
determined by the City in consideration of the RFB requirements. The City's best interest shall
prevail in this regard, and the decision of the City in this regard shall be final.
3.3. Vehicle Types
This solicitation and proceeding contract covers the following vehicle types:
A. Passenger vehicles (sedans, light trucks up to 14,500 GVW and similar equipment such
as vans, etc.) including fiberglass work.
B. Trucks (vehicles over the size indicated above) including fiberglass.
C. Specialty vehicles (fire apparatus and fire equipment) requiring higher than usual
standards in quality or repairs, finish, etc. including fiberglass work.
The City reserves the right to assign vehicles that require specialized or proprietary repairs,
finish, etc. to any other contractor at its discretion depending on the nature and extent of the
specialized or proprietary work required.
Successful respondent shall be required to use OEM parts on all repair work except when the
City opts that used parts be utilized.
3.4. Pickup and Delivery
Successful respondent must be able to provide free pickup and delivery of vehicles, including
flat bed, when required. Upon return of finished vehicle(s), operator will remain until the vehicle
is inspected and accepted. If it is determined that the vehicle is not properly repaired, the
operator will return the vehicle to the contractor's shop for repair and deliver at no extra charge.
3.5. Federal and State Safety Regulations
Contractor shall comply with all federal and state safety regulation but not limited to
Occupational Safety and Health Administration (OSHA) and the Department of Workforce
Development (DWD) regulations.
3.6. Cost Estimates
The successful respondent must furnish all labor, equipment, and supervision to provide body
repairs on noninsured losses in accordance with the following:
A. Individual cost estimates for each vehicle or piece of equipment will be provided by the
successful respondent before any actual work will commence. These estimates must
include the proposed time of completion, hours of labor, and an itemized listing of
replacement repair parts. Estimates must be priced per item with replacement repair
parts showing the retail list price of each part less the City's discount percentage.
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Request For Bid #RFB 23-009
Title: Auto Body Repair Services
B. All estimates must be complete and include all parts and charges with the exception of
"hidden" damage, which may not be obvious until repairs are initiated. All estimates must
be completed and available for review within twenty-four (24) hours of delivery of the
vehicle. No repairs must be initiated until a Public Services representative reviews the
estimate and provides a notice to proceed or a purchase order for the work. In no
instance must any repairs costing more than the original estimate be performed without
first notifying the Public Services representative and providing a supplemental estimate
indicating additional parts and labor charges. The City reserves the right to verify,
through independent appraisal, if repairs are required.
C. The successful respondent must notify the Public Services representative before
subcontracting mechanical/service repairs. The City, at its option, may reject
specified/selected subcontractors.
D. All work will commence within 1-2 days of notice to proceed or purchase order. The
successful respondent must provide a turnaround time of 3-4 working days after the
commencement of work. This requirement may be waived at the sole discretion of the
Public Services representative for reasons such as part unavailability, low priority as
determined by the City, etc.
E. All labor must be invoiced at the hourly rate in accordance with the Price Schedule. All
replacement repair parts must be invoiced at retail list price less the discount percentage
set forth in the Price Schedule. All replacement repair parts used must be new OEM
manufactured. If new OEM replacement repairs are no longer available, the successful
respondent must contact the Public Services representative for approval of substitute
replacement repair parts. The City will supply, at its option, any tires required for repair
on a vehicle.
3.7. Auto Body Repair and Painting Requirements
A. The successful respondent must be able to perform complete body repairs as well as
paint vehicles and equipment.
B. All bodywork will require three coats of primer: two (2) during bodywork repair, and a
minimum of one (1) during the painting process. All work must be performed at the same
level of quality that is provided to all customers.
C. Bent parts are to be straightened and reinforced or replaced if necessary.
D. Major Repairs: If metal is rusted through, the repair must be made by cutting out the
damaged area and replacing it with new metal that is equal to or greater than the original
metal thickness. All seams must be mudded and primed twice.
E. Minor Repairs: Sandblast the entire area of rust, pitting are to be filled with heavy build
2-part primer, allowed to dry for eight (8) hours, then sanded and primer applied.
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Request For Bid #RFB 23-009
Title: Auto Bodv Repair Services
3.8. Guarantee
The successful respondent guarantees the service furnished will be of the highest quality,
complying with specifications, and free from all defects in materials and workmanship, for a
period of one (1) year from the date of acceptance, with the exception of paint. Replacements
and repairs under this warranty are to be made by the successful respondent at no cost and to
the satisfaction of the City.
All paint must have a two (2) year minimum warranty against peeling and fading.
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