HomeMy WebLinkAboutItem 06 - Automotive Body RepairITEM It �__ 6
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
t FROM: ROGER NELSON, CITY MANAGER
MEETING DATE: JULY 15, 2003
SUBJECT: REJECTION OF BID NUMBER 157-2003, AUTOMOTIVE BODY
REPAIR -ANNUAL CONTRACT
RECOMMENDATION:
City Council to consider rejection of all bids received under bid number 157-2003 for
automotive body repair. The bid tabulation is attached for review.
FUNDING SOURCE:
Not Applicable
BACKGROUND:
Bids were taken in accordance with Local Government Code Chapter 252, Subchapter
B, Section 252.021 (a) and Section 252.041 (a). The bid advertisement was posted in
the Grapevine Sun on May 15, 2003 and May 22, 2003.
The purpose of this bid was to establish annual contract pricing for automotive repair
services required on an as needed basis by Fleet Services.
Bids were sent to nine vendors with four vendors responding. Bids requested unit pricing
for a per hour labor rate and parts discount. The parts discount received from the four
responding vendors quoted parts discounts based on both cost plus and list less pricing.
While it is very clear which of the bids provided the lowest cost for labor, it is difficult to
determine exactly which bid presented represents the lowest price for parts.
It is recommended that all bids are rejected and this service is re -bid. It is also
recommended that the re -bid specifications be based on body, paint, mechanical and
material labor rates and that the specifications specifically request a cost plus basis for
the parts discount. While it is understood that the costs between each vendor may still
vary it will be requested in the specifications that the successful vendor must supply
actual costs at the time of invoicing.
Staff recommends approval of rejection of all bids and to re -bid this service.
CD
July 10, 2003 (9:18AM)
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BID 157-2003 AUTOMOTIVE BODY REPAIR -ANNUAL CONTRACT
SAM PACKES FORD
MIRACLE AUOT PAINTING
PARTS DISCOUNT:
BODY LABOR RATE:
PAINT LABOR RATE:
MECHANICAL RATE:
PAINT SUPPLIES:
sagowl=
I W-0:161 :41 MITI 14111111111111111
LIST LESS 30%
$29.00/HOUR
$29.00/HOUR
$55.00/HOUR
$20.00/HOUR
COST PLUS 15%
$32.00/HOUR
CRAIGS COLLISION CENTER PARTS DISCOUNT: 5%
LABOR RATE: $34.00/HOUR
LABOR RATE MECHANICAL: $60.00/HOUR
MATERIAL RATE: $24.00/HOUR
CLASSIC CHEVROLET PARTS DISCOUNT: 5% GM
2% FORD
LABOR RATE: $34.00/HOUR
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0 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS,
GRANTING A REVOCABLE LICENSE TO OPRYLAND
HOTEL — TEXAS LIMITED PARTNERSHIP TO OCCUPY,
MAINTAIN AND UTILIZE CERTAIN PUBLIC RIGHTS-OF-
WAY WITHIN THE LIMITS OF THE CITY OF GRAPEVINE
FOR THE PURPOSE OF THE INSTALLATION AND
MAINTENANCE OF PRIVATE TELECOMMUNICATIONS
SYSTEM; PROVIDING FOR THE TERMS AND CONDITIONS
OF THIS LICENSE; PROVIDING A SAVINGS CLAUSE,
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
Section 1. That a revocable License, subject to the terms and conditions of this
ordinance, is hereby granted to OPRYLAND HOTEL — TEXAS LIMITED PARTNERSHIP
hereinafter referred to as "Licensee," to occupy, maintain and utilize for the purpose set
out herein, in, on, above or below the subsurface space of certain public rights-of-way of
r. Grapevine, Texas (the "City"), within the limits of the dedicated rights-of-way of said streets
and alleys shown on EXHIBIT "A" attached hereto and incorporated herein.
Section 2. That this License is granted for an indefinite term, unless terminated
according to other terms and provisions herein contained.
Section 3. (a) That there is hereby granted, to Licensee, for an indefinite
term, from passage of this revocable License ordinance (hereinafter referred to as the
"License") (unless otherwise terminated as provided for herein), the non-exclusive right and
privilege to have, acquire, construct, expand reconstruct, and maintain in, along, across,
or through, and under the public streets, alleys, and rights-of-way of the City, as shown on
EXHIBIT "A", a Telecommunications Network (the "Network"). Licensee may not operate
or use the Network in any manner without the express written consent and agreement of
the City and shall not allow any other person or entity the use of the Network in any
manner.
(b) The City and the Licensee agree that this License does not
permit the Licensee to use the Network as a telecommunications provider and the
Licensee agrees that it is not the intent of the Licensee to be a telecommunications
provider. In the event Licensee does desire to provide telecommunications services, it
shall provide written notice to the City in advance of undertaking such services.
The Licensee further agrees that it will allow no other person or entity to buy capacity in or
to use the Network in any manner, except by sale to such person or entity a portion or
component of the Network ("Network Elements"), which may be one or more fiber strands,
or conduit space, but always in such a manner that the person or entity who is purchasing
such Network Elements will own and have control over the physical facilities in the public
rights-of-way in such a manner that they will be lawfully required to have express consent
from the City to own or operate such Network Elements. Licensee shall verify with the City
that such a person or entity has a franchise or consent to use the rights-of-way prior to
allowing that person or entity to purchase and use in any manner the Network.
Section 4. That the License hereby granted is subject to the following terms and
conditions:
(a) All facilities of the Licensee which are designed and installed
within City rights-of-way shall be in accordance with the City Code of
Ordinances and the requirements of the City's Right -of -Way (ROW)
Management Ordinance and the Tree Preservation Ordinance.
All portions of the Network and any other facilities installed or maintained by
the Licensee shall be placed underground.
(b) The Licensee shall obtain a permit from the Engineering
Department of the City prior to commencing any construction, reconstruction
or maintenance pursuant to the requirements of ROW ordinance.
Section 5. That this License is granted subject to the following conditions, terms
and reservations:
(a) That at such time as this License is terminated or canceled for
any reason whatsoever, the Licensee, upon orders issued by the City, acting
through its City Manager or designee, shall remove all installations,
improvements and appurtenances owned by it situated in, under or attached
to the Licensed area, and shall restore the premises to their former condition,
normal wear and tear excepted, in accordance with the reasonable
requirements of the City Manager at the sole cost of Licensee. In the event,
upon termination of this License, Licensee shall fail to remove its
installations, improvements and appurtenances and to restore the Licensed
area in compliance with orders issued by the City, or such work is not done
to the reasonable satisfaction of the City Manager, then in either event the
City shall have the right to do all work necessary to restore said area to its
former condition, normal wear and tear excepted, or cause such work to be
done, and to assess the cost of all such work against Licensee; in neither
event shall the City be liable to Licensee on account thereof.
(b) The License is nonexclusive and is made to expressly subject
and subordinate to the right of the City to use the Licensed area for any
public purpose. The governing body of the City reserves the right at any time
to unconditionally revoke this License, at will, by resolution duly passed by
said governing body, giving Licensee not less than one hundred eighty (180)
ORD NO. 2
days notice of said revocation. Upon passage of said resolution, all rights
granted hereunder shall thereupon be considered fully terminated and
canceled and the City shall not be held liable by reason thereof. Said
resolution shall be final and shall not be subject to review by the courts.
Licensee shall have the right of cancellation upon giving the City sixty (60)
days written notice of its intention to cancel, and in the event of termination
or cancellation by the City or Licensee, as the case may be, this License
shall become null and void and Licensee or anyone claiming any rights under
this instrument shall remove any improvements and encroachments from
said area at Licensee's expense. Failure to do so shall subject Licensee to
the provisions contained in Subsection (a) above. All work shall be done at
the sole cost of Licensee and to the reasonable satisfaction of the City
Manager of the City, or his designee.
(c) It is further understood that if and when the City, in the exercise
of its discretion, shall determine that the grade of any street, alley, sidewalk
or parkway should be modified or changed, or that any other work should be
done in connection with any public improvement which will affect the
Licensed area, and/or any of Licensee's installations and improvements
thereon, any modifications or changes in construction or reconstruction of
any public improvements attributable to Licensee's use of the Licensed area
and/or its installations and improvements thereon, shall be made at the sole
expense of Licensee and to the reasonable satisfaction of the Public Works
Department of the City.
(d) INSURANCE. Agents of Licensee that perform
construction or maintenance in the public rights-of-way, shall obtain and
maintain in full force and effect throughout the term of this License, and any
extension or renewal thereof, insurance (general liability, worker's
compensation, etc) pursuant to the requirements of the ROW Ordinance.
(e) INDEMNIFICATION
(1) As a condition hereof, Licensee agrees and is bound to
indemnify, defend, and hold the City whole and harmless as required by the
ROW Management Ordinance.
(2) This License is subject to any existing utilities or
communication facilities, including drainage, presently located within the
Licensed area, owned and/or operated by the City or any utility or
communications company, public or private, and to any vested rights
presently owned by any utility or communications company, public or private,
for the use of the Licensed area for facilities presently located within the
boundaries of said Licensed area. It is the intent of the foregoing that this
permission herein is made expressly subject to the utilization of the Licensed
area for communication and utility purposes, both public and private,
ORD NO. 3
including drainage, over, under, through, across and along the hereinabove
described rights-of-way. No buildings shall be constructed or placed upon,
over or across the Licensed area in such a manner as to interfere with the
operation of any utilities and communication facilities. All and any
communication companies and utilities, both public and private, shall have
the right to remove and keep removed all or parts of any buildings which may
in any way endanger or interfere with the construction, maintenance or
efficiency of its respective systems within the Licensed area, and all
communication companies and utilities, both public and private, shall at all
times have the full right of ingress and egress to or from and upon the said
Licensed area for the purpose of constructing, relocating, inspecting,
patrolling, maintaining and adding to or removing all or part of its respective
systems without the necessity at any time of procuring the permission of
anyone.
Section 6. That the License granted hereby shall not become effective until and
unless the Licensee files an acceptance, in writing, to the terms and conditions of this
ordinance with the City Secretary of the City. In the event said acceptance in writing is not
filed within six (6) months after passage of this ordinance as provided herein, then this
ordinance shall be no further effect and shall be considered as having been canceled fully.
Section 7. That the terms and conditions contained in this License shall be
binding upon Licensee, its successors and assigns.
Section 8. That this License may not be assigned without prior written approval
from the City Manager, or his designee, which consent shall not be unreasonably withheld.
Such assignment shall recite that it is subject to the terms, restrictions, and conditions
contained in this ordinance. The assignee shall deliver a copy of this assignment, along
with the assignee's written acceptance of the provisions of this ordinance to the City
Secretary within ten (10) days of such assignment. Should Licensee fail to obtain prior
approval for assignment of this License or fail to provide the City with the required written
acceptance and a copy of the assignment, the City Manager may terminate this License.
Section 9. That the City Secretary is hereby authorized and directed to certify a
copy of this ordinance for recording in the Deed Records of Tarrant County, Texas, which
certified copy shall be delivered to the City Manager, or his designee. Upon receipt of the
acceptable certificate of insurance, the City Manager, or his designee, shall deliver to
Licensee the certified copy of this ordinance. The City Manager, or his designee, shall be
the sole source for receiving certified copies of this ordinance one (1) year after its
passage.
Section 10. If any section, subsection, sentence, cause, phrase, term, provision,
condition, covenant or portion of this License ordinance is for any reason held invalid or
unenforceable by any court of competent jurisdiction, the remainder of this License
ordinance shall not be affected thereby but shall be deemed as a separate, distinct and
independent provision, and such holding shall not affect the validity of the remaining
ORD NO. 4
portions hereof, and each remaining section, subsection, sentence, clause, phrase, term,
provision, condition, covenant and portion of this License ordinance shall be valid and
enforceable to the fullest extent permitted by law.
Section 11. All notices required or permitted to be given to either party by the other
party under any provisions of this License shall be in writing and shall be deemed served:
(a)When delivered by hand or by Federal Express or
similar service to that party's address set forth below during normal
business hours; or
(b) When mailed to any other person designated by
that party in writing herein to receive such notice, via certified mail,
return receipt requested.
Notice shall be given to the following:
If to City: City Manager, City of Grapevine
200 South Main St./P.O. Box 95104
Grapevine, Texas 76051 / 76099
If to Licensee: OPRYLAND HOTEL —TEXAS LIMITED PARTNERSHIP
David Breeding, VP, Design and Construction
1 Gaylord Drive
Nashville, TN 37214
Section 12. That this ordinance shall take effect from and after its passage and at
such time as OPRYLAND HOTEL — TEXAS LIMITED PARTNERSHIP submits written
acceptance, which written acceptance shall be attached to this ordinance and labeled
Exhibit "B".
Section 13. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace,
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of July, 2003.
ORD NO. 5
ATTEST:
UAI---• 9 W. iv m I rol I•
ORD NO. 6
Exhibit "A" to ROW License
Page 1 of I — OPRYLAND
HOTEL —TEXAS LIMITED
PARTNERSHIP
I
ACCEPTED:
OPRYLAND HOTEL — TEXAS LIMITED PARTNERSHIP
Name: David Breeding
Title: VP, Design and Construction
Date of Acceptance:
ORD NO. 7