HomeMy WebLinkAboutResolution - 2022-R0056 - Contract 16183 with Fleetwash, Inc.Resolution No. 2022-R0056
Item No. 7.30
January 25, 2022
RESOLUTION
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Service Contract No. 16183 for mobile car wash
services as per ITB 22-16183-SB, by and between the City of Lubbock and Fleetwash, Inc. of
Fairfield, New Jersey, and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council on January 25, 2022
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Se ret ry
APPROVED AS TO CONTENT:
W Z'�� _
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/RES.ServiceContract 16183 mobile car wash
1.14.22
Resolution No. 2022-R0056
City of Lubbock, TX
Contract for
Mobile Car Wash Services
Contract 16183
THIS CONTRACT made and entered into this 25th day of January . 2022, by and between the
City of Lubbock ("City"), and Fleetwash, Inc. ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Mobile Car Wash Services and
bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized
the execution, in the name of the City of Lubbock a contract with said Contractor covering the
purchase and delivery of the said Mobile Car Wash Services.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as
the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which are attached
hereto and made part hereof, Contractor will deliver to the City, Mobile Car Wash Services and
more specifically referred to as Item one (1) on the bid submitted by the Contractor or in the
specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done
the work provided for in this Contract and to complete and finish the same according to the
attached specifications, offer, and terms and conditions contained herein.
3. The contract shall be for a term of one (1) year, with the option of two (2), one year extensions,
said date of term beginning upon formal approval. All stated annual quantities are
approximations of usage during the time period to be covered by pricing established by this bid.
Actual usage may be more or less. Order quantities will be determined by actual need. The City
of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or
maximum amount of services under this bid and resulting contract. The Contractor must
maintain the insurance coverage required during the term of this contract including any
extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with
the Purchasing and Contract Management Department as required by contract or contract may
be terminated for non-compliance.
4. Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City
Council date of formal approval. The rate may be adjusted upward or downward at this time at
a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price
Index (PPI), which ever is most appropriate for the specific contract for the previous 12-months
at the City's discretion, the effective change rate shall be based on either the local or national
index average rage for all items. If agreement cannot be reached, the contract is terminated at
the end of the current contract period.
5. This contract shall remain in effect until the first of the following occurs: (1) the expiration date,
(2) performance of services ordered, or (3) termination of by either party with a 30 day written
notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest
and best bidder as it deems to be in the best interest of the city.
6. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or hold
itself out as, an agent or representative of City. In no event shall Contractor be authorized to
enter into any agreement or undertaking for or on behalf of City.
7. Insurance Requirements
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed
Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named
underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall
furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE
NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE
SHALL HAVE BEEN DELIVERED TO THE CITY.
SECTION B. The City reserves the right to review the insurance requirements of this section during
the effective period of the contract and to require adjustment of insurance coverages and their limits
when deemed necessary and prudent by the City based upon changes in statutory law, court decisions,
or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as
are approved by the City, the 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 by
companies approved by the State of Texas and acceptable to the City, in the following type(s) and
amount(s):
TYPE OF INSURANCE
GENERAL LIABILITY
® Commercial General Liability
® Occurrence
(AUTOMOTIVE LIABILITY
® Any Auto
COMBINED SINGLE LIMIT
General Aggregate
Products-Comp/Op AGG
Personal & Adv. Injury
Contractual Liability
Med Exp
Per Occurrence
N WORKERS COMPENSATION — STATUTORY AMOUNTS OR
OCCUPATIONAL MEDICAL AND DISABILITY
® EMPLOYERS' LIABILITY
COPIES OF ENDOSEMENTS ARE REQUIRED
1 000 000
X
X
X
X
1 000 000
500 000
$1,000,000
® City of Lubbock named as additional insured on AutolGeneral Liability on a primary and non-contributory bases.
® To include products of completed operations endorsement.
® Waiver o subro ation infavor of the City of Lubbock on all coverages, except
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City and all endorsements
thereto and may make any reasonable request for deletion, revision, or modification of particular
policy terms, conditions, limitations, or exclusions (except where policy provisions are established by
law or regulation binding upon either of the parties hereto or the underwriter of any of such policies).
Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such
changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees,
and elected representatives for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care
together with the indemnification provision, shall be underwritten by contractual liability
coverage sufficient to include such obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices
not less than 30 days prior the change, which notice must be accompanied by a replacement
CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract Management
City of Lubbock
1314 Avenue K, Floor 9
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by
the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents
as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by
the insurance company exonerate the Contractor from liability.
8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
9. The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior
to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this document, this provision shall
control.
10. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times, reserves
the right to audit Contractor's records and books relevant to all services provided to the City
under this Contract. In the event such an audit by the City reveals any errors or overpayments
by the City, Contractor shall refund the City the full amount of such overpayments within 30
days of such audit findings, or the City, at its option, reserves the right to deduct such amounts
owing the City from any payments due Contractor.
11. All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of non -appropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the contract, the City
will terminate the contract, without termination charge or other liability, on the last day of the
then -current fiscal year or when the appropriation made for the then -current year for the goods
or services covered by this contract is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the
City shall not be obligated under this contract beyond the date of termination.
12. The Contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent be
given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the
Subcontractor that complies with all contract Insurance requirements.
13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive
material contained herein and any additional associated documents and Amendments. The City
disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by
the parties. In the event of conflict between these terms and conditions and any terms and
conditions provided by the Contractor, the terms and conditions provided herein shall prevail.
The terms and conditions provided herein are the final terms agreed upon by the parties, and any
prior conflicting terms shall be of no force or effect.
14. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist
organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas
Government Code, as a company known to have contracts with or provide supplies or services
to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign
terrorist organization' shall have the meaning given such term in Section 2252.151, Texas
Government Code.
15. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
contract and the contractor or vendor agrees that the contract can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that
subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor
agrees to: (1) preserve all contracting information related to the contact as provided by the
records retention requirements applicable to the governmental body for the duration of the
contract; (2) promptly provide to the governmental body any contracting information related to
the contract that is in the custody or possession of the entity on request of the governmental
body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental
body all contracting information related to the contract that is in the custody or possession of the
entity; or (B) preserve the contracting information related to the contract as provided by the
records retention requirements applicable to the governmental body.
16. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a
contract that: (1) is between a governmental entity and a company with 10 or more full-time
employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the governmental entity. (b) A governmental entity may not enter into a contract
with a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
17. The Contractor shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without
prior written consent of the City, unless otherwise required by law.
18. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials,
officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of
any kind, character, type, or description, including without limiting the generality of the
foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any
person, or injury to any property, received or sustained by any person or persons or property, to
the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its
agents, employees, and/or subcontractors, related to the performance, operations or omissions
under this agreement and/or the use or occupation of city owned property. The indemnity
obligation provided herein shall survive the expiration or termination of this agreement.
19. This Contract consists of the following documents set forth herein: Specifications, and the
Bid Form.
-----INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
CITY OF LUBBOCK CONTRACTOR
"- 4 1 --� BY_ " �*, W6k;C�
Daniel M. Pope, Aayor Authorized Representative
ATTEST:
QdAs,', 0 '/�c
Reb cca Garza, City Secre ry
APPROVED AS TO CONT NT:
A, R. , - -
Dominic Esperat, Assis nt rector Fleet Services
AP ED AS TO FORM: APW
Ke li Leisure, Assistant City Attorny
Print Name
Address
A) Q 70 b 41
City, State, & Code
City of Lubbock, TX
ITB 22-16183-SB
Mobile Car Wash Services
Specifications
The City of Lubbock Fleet Services is seeking bids for mobile car wash services to be performed at the
Fleet Services yard. The Contractor will be responsible for taking proper care of and protecting the
condition of the vehicle on which service is being performed.
The Contractor shall comply with all federal, state and local laws which apply and are now in effect or
hereafter promulgated for car washing service operations as follows: EPA Section 301 of the Clean
Water Act, TCEQ publication RG-434 and City of Lubbock Storm Water Regulation 22.11.
The Contractor shall obtain a Mobile Wash Permit from the City of Lubbock Storm Water Department
and have permit available for review upon request. The Contractor shall have one year experience with
three retail customer references and provide an equipment list.
The Contractor shall furnish all labor, water, cleansers, materials and equipment for the complete
cleaning of City of Lubbock vehicles.
The Vehicles will include light duty cars, pick-up trucks, vans and sport utility vehicles as well as
heavy duty trucks including refuse trucks and aerial units from 37' up to 125'.
All vehicles that are washed shall be provided with the same care given to detail and workmanship as
the Contractor gives regular retail customers.
SERVICES SPECIFICATIONS:
Option A: Exterior Wash Only
1. Wash exterior of vehicle to remove all dirt, debris, tree sap and tar.
2. Dry exterior of vehicle manually or use soft water to prevent spotting — to include all windows and
mirrors.
Option B: Interior and Exterior Service Wash
1. Wash exterior of vehicle to remove all dirt, debris, tree say and tar.
2. Clean wheels and tires to remove road dirt, mud and brake dust.
3. Vacuum interior of vehicle including seats, floor mats and carpets.
4. Clean dashboard and door panels
5. Clean all windows inside and out
6. Clean all mirrors inside and out
7. Dry exterior of vehicle manually or use soft water to prevent spotting — to include all windows and
mirrors
8. All trash shall be removed
HOURS OF OPERATION
Services are to be performed between the hours of 8 a.m. to 5 p.m., Monday through Friday,
weather permitting. After hour washing permitted with authorization.
PROCEDURAL REQUIREMENTS AND AMENDMENTS
The Contractor shall comply with all written or verbal procedural instructions that may be issued
from time to time by the Fleet Services Representative.
During the period of contract, no change is permitted in any of its conditions and specifications
unless the Contractor receives written approval from Fleet Services.
Should the Contractor find, at any time, that existing conditions make modification in requirements
desirable; they shall promptly report such a matter to Fleet Services for consideration and decision.
RECEIPTS AND BILLING
The Contractor must have a work order number issued by Fleet Services authorizing the service
before being performed. The Contractor will provide a receipt for each wash performed with the
following information:
1. Department name, unit number, and license plate number.
2. Detailed services performed on the vehicle.
3. All charges for services performed on the vehicle.
4. Signature of the driver or City of Lubbock Representative.
The Contractor shall consolidate the car wash receipts and invoice Fleet Services once a month.
Invoices shall be submitted for pay to:
City of Lubbock
Fleet Services
206 Municipal Drive
Lubbock, TX 79403
City of Lubbock - Fleet Department
ITB 22-16183-SB Mobile Car Wash Services
Bid Sheet
Vendor: Fleetwash. Inc. UOM Unit Price
#1-I - Light Duty Cars, Pickups, Vans, Sport Utility Vehicles, I
Ton and Below, per specifications
Fleetwash, Inc
#1-2 - Heavy Duty Trucks, 1 Ton with Aerial Units up to 42'
(including refuse trucks), per specifications
Fleetwash, Inc
# 1-3 - Heavy Duty Trucks above 1 Ton with Aerial Units 42' to
125', per specifications
Fleetwash, Inc
#2-1- Light Duty Cars, Pickups, Vans, Sport Utility Vehicles, 1
Ton and Below, per specifications
Fleetwash, Inc
#2-2 - Heavy Duty Trucks, I Ton with Aerial Units up to 42'
(including refuse trucks), per specifications
Fleetwash, Inc
#2-3 - Heavy Duty Trucks above 1 Ton with Aerial Units 42' to
125', per specifications
Fleetwash, Inc
#3-1 - Additional Charge for Extra Muddy Vehicles
Fleetwash, Inc
#3-2 - Additional Charge for Degreasing (Oil or Hydraulic)
Fleetwash, Inc
EA $13.50
EA 27.50
EA 32.50
EA 23.50
EA 37.50
EA 42.50
EA 5.00
EA 0.00
City of Lubbock - Fleet Department
rrB 22-16183-SB Mobile Car Wash Services
Bid Tabulation Sheet
Vendor
Location
UOM
Unit Price
# I-1 - Light Duty Cars, Pickups, Vans, Sport Utility Vehicles, 1
Ton and Below, per specifications
Fleetwash, Inc
Fairfield, NJ
EA
$13.50
Erlys Janitorial Services
Lubbock, TX
EA
21.00
Raider Mobile Wash and Detailing
Idalou, TX
EA
35.00
# 1-2 - Heavy Duty Trucks, 1 Ton with Aerial Units up to 42'
(including refuse trucks), per specifications
Fleetwash, Inc
Fairfield, NJ
EA
27.50
Erlys Janitorial Services
Lubbock, TX
EA
4500
Raider Mobile Wash and Detailing
Idalou, TX
EA
50.00
# 1-3 - Heavy Duty Trucks above 1 Ton with Aerial Units 42' to
125', per specifications
Fleetwash, Inc
Fairfield, NJ
EA
32.50
Raider Mobile Wash and Detailing
Idalou, TX
EA
50.00
Erlys Janitorial Services
Lubbock, TX
EA
65.00
#2-1 - Light Duty Cars, Pickups, Vans, Sport Utility Vehicles, 1
Ton and Below, per specifications
Fleetwash, Inc
Fairfield, NJ
EA
23.50
Erlys Janitorial Services
Lubbock, TX
EA
45.00
Raider Mobile Wash and Detailing
Idalou, TX
EA
no bid
#2-2 - Heavy Duty Trucks, 1 Ton with Aerial Units up to 42'
(including refuse trucks), per specifications
Fleetwash, Inc
Fairfield, NJ
EA
37.50
Erlys Janitorial Services
Lubbock, TX
EA
65.00
Raider Mobile Wash and Detailing
Idalou, TX
EA
no bid
#2-3 - Heavy Duty Trucks above I Ton with Aerial Units 42' to
125', per specifications
Fleetwash, Inc
Fairfield, NJ
EA
42.50
Erlys Janitorial Services
Lubbock, TX
EA
8500
Raider Mobile Wash and Detailing
Idalou, TX
EA
no bid
#3-1 - Additional Charge for Extra Muddy Vehicles
Fleetwash, Inc
Fairfield, NJ
EA
5.00
Raider Mobile Wash and Detailing
Idalou, TX
EA
15.00
Erlys Janitorial Services
Lubbock, TX
EA
20.00
#3-2 - Additional Charge for Degreasing (Oil or Hydraulic)
Fleetwash, Inc
Fairfield, NJ
EA
0.00
Raider Mobile Wash and Detailing
Idalou, TX
EA
15.00
Erlys Janitorial Services
Lubbock, TX
EA
50.00
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
12022-838493
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Fleetwash Inc
Fairfield, NJ United States
Date Filed:
01/10/2022
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City Of Lubbock
Date Acknowledged:
01/10/2022
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
16183
Mobile Car Wash Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling I
Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1011
Complete No& I • a and 611 there are interested parties.
OFFICE USE ONLY
Complete Nos. 1. 2. 3, S. and 6 It there are no Interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity tiling form, and the dry, state and country of the business entitys place
of business.
2022.838493
Reetwash Inc
Fairfield, NJ United States
Date Filed:
01/1012022
2 Name of govemmental entity or state agency that Is a party to the contract for which the orm is
being tiled.
City Of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a
description of the services. goods, or other prop" to be provided under the eootracL
16183
Mobile Car Wash Services
4
Name of Interested Party
City. State. Country (place of business)
Nature of Interest
(chock applicable)
Controlling
intermediary
6
Check only it there Is NO Interested Party,
x
6 UNSWORN DECLARATION
Lorraine Matarazzo
My nSma i5 — — — ----------_ _---------_--. and my date of
bights N/A
26 Law Drive Fairfield NJ 07004 USA
My address is
i
(«soot) WY) 141WW) Grp codes (00Uy)
1 declare under penally of perjury that the foregoing is true and correct.
NJ
10 January 22
Executed ti County. State of on the
-day of -, 20
(monol (year)
1-0"
-&
99nauff a al ttut um � of oorltrac11n9 tY
Forms prOvidW by Texas EthieS Commission WWW.ethiCs.State.bt.uS Version V1.1.191b5cdc