HomeMy WebLinkAboutResolution - 2023-R0099 - Contract 17112 with Lubbock Allstar Truck Wash & Lube 2.28.23Resolution No. 2023-R0099
Item No. 5.15
February 28, 2023
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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. 17112 for drive through truck
wash services as per RFP 23-16980-SB, by and between the City of Lubbock and Lubbock
Allstar Truck Wash & Lube, LLC of Lubbock, TX 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 February 28, 2023
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
OelliLeisure, Senior Assistant City Attorney
ccdocs/RES.ServiceContract 17112 drive thru truck wash
2.1.23
Resolution No. 2023-R0099
City of Lubbock
Drive through Truck Wash Services
Agreement
Contract 17112
This Service Agreement (this "Agreement') is entered into as of the 28 day of February 2023
("Effective Date") by and between Lubbock Allstar Truck Wash & Lube LLC (the Contractor), and the
City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 23-16980-SB Drive through Truck Wash
Services and
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Drive through
Truck Wash Services, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — General Requirements
3. Exhibit B — Best and Final Offer
4. Exhibit C — Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibit B and Exhibit C attached hereto.
Article 1
1.1 The contract shall be for a term of one (1) year, with the option of two (2), one (1) year extensions,
said date of term beginning upon formal approval. This Contract will renew automatically for the
additional terms, unless either Party gives 90-day written notice to terminate the Contract.
1.2 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.
1.3 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.
1.4 A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or
Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor, etc.
that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such
documentation to the City, and at the City's sole discretion, the contractual rate may be further
adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of
the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director
of Purchasing and Contract Management written, quarterly documentation to justify the ongoing
adjustment. If no such documentation is timely received, the rate will automatically revert to the
initial, awarded rate.
1.5 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.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance
with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement
shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor
and supersedes any and all previous agreements, written or oral, between the parties relating to the
subject matter hereof. No amendment or modification of the terms of this Agreement shall be
binding upon the parties unless reduced to writing and signed by both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of
this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any
parties otherwise to insist upon strict performance of any provision hereof shall not constitute a
waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective
heirs, representatives and successors and may be assigned by Contractor or the City to any
successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to
this Agreement or the breach thereof, shall be formally discussed and negotiated between the
Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or
other matters in question within 30 days of written notification from the aggrieved Party to the
other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity.
2.9 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.
2.10 The City reserves the right to exercise any right or remedy 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.
2.11 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 of insurance from the
Subcontractor that complies with all contract insurance requirements document, this provision
shall control.
2.12 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.
2.13 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits
the City from entering into a contract with a vendor that is identified by The Comptroller as a
company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign
terrorist organization.
2.14 Texas Public Information Act. 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 contract 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.
2.15 No Boycott of Israel. 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.
2.16 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it
does not, and will not for the duration of the contract, have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association or (2) the
verification required by Section 2274.002 of the Texas Government Code does not apply to the
contract. If Contractor is a company with 10 or more full-time employees and if this Agreement
has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government
Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and will not discriminate during the term of
the contract against a firearm entity or firearm trade association.
2.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract,
boycott energy companies or (2) the verification required by Section 2274.002 of the Texas
Government Code does not apply to the contract. If Contractor is a company with 10 or more full-
time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies
that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies;
and will not boycott energy companies during the term of the Agreement. This verification is not
required for an agreement where a governmental entity determines that these requirements are
inconsistent with the governmental entity's constitutional or statutory duties related to the issuance,
incurrence, or management of debt obligations or the deposit, custody, management, borrowing,
or investment of funds.
2.18 Confidentiality. 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.
2.19 Indemnify. 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.
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
Tray Payne,
A
Garza, City Secretary
APPROVED AS TO CONTENT:
Dominic Esperat, Dir ctor ot Fleet Operations
VED S TO FORM
elli Leisure, Assistant City Attorney
CONTRAC R
BY:
e eve
Print Name
Address
City, State, Z p Code
City of Lubbock, TX
RFP 23-16980-SB
Drive Through Truck Wash Services
GENERAL REQUIREMENTS
1. SCOPE OF WORK
Exhibit A
The City of Lubbock (City) is seeking proposals for Drive Through Truck Wash Services (for Medium
to Heavy Duty Vehicles - includes Trash Trucks and Aerial Units from 37' up to 125').
In order to assure adequate coverage, the City may make multiple awards to provide the service desired,
if multiple awards are in the best interest of the City.
2. SPECIFICATIONS
2a. Exterior Wash Only
Wash exterior of vehicle to remove all dirt, debris, tree sap and tar.
Dry exterior of vehicle manually or use soft water to prevent spotting - to include all windows
and mirrors.
2b. Procedural Requirements and Amendment
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.
2c. Receipts And Billing
The Contractor must provide a receipt weekly for all washes performed with the following
information:
Unit number and license plate number.
Detailed services performed on the vehicle.
All charges for services performed on the vehicle.
Signature of the driver or City of Lubbock Representative.
The Contractor shall consolidate the car wash receipts and invoice Fleet Services once a week.
Invoices shall be submitted for pay to:
City of Lubbock Fleet Services
Attn: Contract Compliance Specialist
206 Municipal Drive
Lubbock TX 79403
806-775-2271
Or email to: PAlcantar@mylubbock.us and LMobbs@mylubbock.us
City of Lubbock
RFP 23-16980-SB
Drive Through Truck Wash Services
Best and Final Offer
Exhibit B
Allstar Truck Wash
Lubbock, TX
Items
Quantity
Required
UOM
Unit Price
Total Cost
# 1- I
Medium Duty Trucks
620
EA
#1-2
Heavy Duty Trucks (1 ton and larger, some with
aerial units up to 42', includes trash trucks)
520
EA
Fj
92-1
Additional Charge for Degreasing (oil or
hydraulic)
I
EA
42-2
1 Additional Charge for Extra Muddy Vehicles
1
EA
j
u
Exhibit C
INSURANCE REQUIREMENTS
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.
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.
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):
Commercial Liability Requirements: $ 1 M occurrence / $2M aggregate (can be combined with
an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most
important of all insurance policies in a contractual relationship. It insures the Contractor has broad
liability coverage for contractual activities and for completed operations.
Commercial General Liability to include Products — Completion/OP, Personal and Advertising
Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person).
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, 9th Floor
Lubbock, Texas 79401
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.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1afl
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.
CERTIFICATION OF FILING
Certificate Number:
12023-975979
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Allstar Truck Wash
Lubbock, TX United States
Date Filed:
01/25/2023
2
Name o governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
17112
Drive Through Truck Wash Services
4
Name of Interested Patty
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
Allstar Truck Wash
Lubbock, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is V,-�P \ c)r dcA 1 /� � and my date of birth is
My address is V l6 1 of 1 V ' J—1 �, 24 tom, 3kSk—.
(street) (City) (state) (zip code) (country)
I declare under penalty of pequry that the foregoing is true and correct.
Executed in �IUD c County, State of �Vl �(� on the-jaday of Wf I , 2Q.3
(month)' (year)
Signature of rized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us version v3.5.i.3acdtsocu
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested panties.
7-7
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
12023-975979
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Allstar Truck Wash
Lubbock, TX United States
Date Filed:
01/25/2023
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:
01/25/2023
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
17112
Drive Through Truck Wash Services
4
Name of Interested Parry
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Allstar Truck Wash
Lubbock, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is ,
(street) (city) (state) (zip code) (country)
I 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 V3.5.1.3ac88bco