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HomeMy WebLinkAboutResolution - 2019-R0262 - Fleetwash - 07/23/2019 Resolution No. 2019-RO262 Item No. 6.25 July 23, 2019 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. 14712 for Mobile Car Wash Services at Fleet Services as per ITB 19-14712-JM, 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 July 23, 2019 DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Secretar APPROVED AS TO CONTENT: Markrwoo , Assistant City Manager APPROVED AS TO FORM: I K li Leisure, Assistant City Attorney ccdocs/RES.Serv. Contract 14712 Mobile Car Wash Services at Fleet Services June 25, 2019 Resolution No. 2019-RO262 Contract 14712 City of Lubbock,TX Contract for Mobile Car Wash Services at Fleet Services THIS CONTRACT made and entered into this3r day of July , 2019, 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 at Fleet 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 at Fleet 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 at Fleet Services and more specifically referred to as Items One through Eight 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 year, with the option of two, 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. 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. 5. 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. 6. 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 COMBINED SINGLE LIMIT GENERAL LIABILITY ® Commercial General Liability General Aggregate $500,000 ❑ Claims Made ® Occurrence Products-Comp/Op AGG X ❑ W/Heavy Equipment Personal&Adv. Injury X ❑ To Include Products of Complete Operation Endorsements Contractual Liability X Fire Damage(Any one Fite) Med Exp(Any one Person) PROFESSIONAL LIABILITY ❑ General Aggregate AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non-Owned Autos Per Occurrence S500,000 EXCESS LIABILITY ❑Umbrella Form Each Occurrence Aggregate GARAGE LIABILITY ❑ Any Auto Auto Only-Each Accident ❑ Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100%of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100%of the Total Material Costs ❑ CARGO ® WORKERS COMPENSATION—STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ®EMPLOYERS' LIABILITY $500,000 OTHER:COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributo,y bases. ® To include products of completed operations endoisenieni. ® Waiver ofstibrogation in favor 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 1625 13'1'Street,Room 204 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. 7. 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. 8. 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. 9. At any time during the tenn 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 IN WITNESS WIIEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK CONTRAC OR BY DANIEL M. POPE, MAYOR Authoed epi se r�� ntati e Lotwiona ATTEST: Print Name A��)Azu-cel a6 E Lain VR I vf1 Rcbe a Garza, City Secreta y Address L (Alp6ilcIdsN� APPR VED AS TO CONTENT: City, State, Zip Code Billy Taylor, Director of Fleet Services APV� AS,T FORM: Kelli Leisure, Assistant City Attorn City of Lubbock,TX ITB 19-14712-JM Mobile Car Wash Services at Fleet Services Scope of Services 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 Stonn Water Department and have pen-nit 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 ininrors 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. BID FORM City of Lubbock,TX Purchasing and Contract Management Mobile (Car Wash Services at Fleet Services ITB No. 19-14712-JM In compliance with the Invitation to Bid 19-14712-JM, the undersigned Bidder having examined the Invitation to Bid and Specifications,and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material,equipment,labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced(either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 19-14712-JM is by reference incorporated in this contract.The Bid Form must be completed in blue or black ink or by typewriter. Exterior Wash Only Unit ITEM QTY of UNIT PRICE MONTHLY (+�-) Measure DESCRIPTION BID TOTAL Light Duty Cars, Pick-ups,Vans,Sport A 51) I. 25 Each Utility Vehicles; I Ton and Below,per $ a .$ 2i14 specifications Hcavy Duty Trucks, I Ton with Aerial a 2. 25 Each Units tip to 42'(Including Refuse $ �. D $ 51D Trucks),per specifications Heavy Duty'rrucks above I Ton with Q 3. 5 Each Aerial Units 42'to 125',per $ ��, v $ specifications 02 Interior and Exterior Service Wash 41 Unit ITEM QTY of DESCRIPTION UNIT PRICE MONTHLY Measure BID TOTAL Light Duty Cars, Pick-ups,Vans,Sport 4. 25 Each Utility Vehicles; 1 Ton and Below,per $ 20.� $ specifications 1 Heavy Duty Trucks, t Ton with Aerial 5. 25 Each Units tip to 42'(Including Refuse $ 'trucks). per specifications 6 Heavy Duty Trucks above I Ton with Q Q 6. 5 Each Aerial Units 42'to 125', per $ 3 q, g $ ��q • 1 s ccifications Additional Charges ITEM DESCIOPTION UNIT PRICE BID 7. Additional Charge for Extra Muddy Vehicles S. Additional Charge for Degreasing(Oil or Hydraulic) $ 5--0 p p-P R V t ,- Unless otherwise specified herein,the City may award the bid either item-by-item or on an all-or-none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for Mobile Car Wash Services at Fleet Services with onr,or more contractors.In order to assure adequate coverage,the City may make multiple awards,selecting multiple vendors to provide the products desired,if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid,however,is an option reserved by the City,based on the needs of the City. PAYMENT TERMS AND DISCOUNTS- Bidder offers a prompt payment discount of %,net_calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Fortin,payment terms will be NET THIRTY DAYS.The City will pay the succcssfid bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements,whichever event occurs later. Discounts for payment in Icss than ten days will not be considered. MOST FAVORED PRICING:The Bidder certifies that the price quoted is not in excess ofthc lowest price charged anyone else,including its most favored customer, for like quality and quantity of the products/services;does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/scrviccs of like quality and quantity; and does not include any provision fur discounts to selling agents. if at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality,at a lower net price(s)than provided herein,supplier agrees to notify the City and sell same product(s)at the lower prices)on all deliveries made daring the period in which such lower price(s)is etTcctivc. INTERLOCAL PURCHASING (optional). The City desires to make available to other local governmental entities of the State of Texas,by mutual agreement with the successful bidder,and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act(Chapter 791,Government Code),the right to purchase the same services,at the prices quoted,for the period of this contract. Each bidder shall indicate on the Bid Fcn-m in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications,and pricing would apply? Other governmental entities that might have interests in this contract are Frenship independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District,South Plains Association of Governments,City of Texarkana,Texas Tech University,West Texas Municipal Power Agency,Lynn County,and City of Wolfforth. YES NO • IPyou(the bidder)checked YES,the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible,but not obligated,to purchase materials/scrvices under the contract(s)awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY �1 a corporation organized under the laws of the State of W!Rg.eyor a partnership consisting of or individual trading as -- - ----- ----- ---------of the City of_--- F-r—,G 1� - Firm: _ - --� o�Q41AfQ( 1G'---------- Address: W__ --I-I- 1 y fg,/� ,ill NS 0-1 e® Cit 11'� State: Zip Bidder acknowledges receipt of the following addenda: Addenda No. Addenda No. Addenda No. Addenda No. Date Date Date Date M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific Ameriel I Other(Specify) JBy Date: AerlhorLed Rep a alive nurse sQigneby liand(' Officer Name and Title: Y Now J yf ld Mgna P1, Please Print ^ Business Telephone Number �r5a i r 4"6 66 FAX: E-mail Address: �RY'�[nCe e. ke 1y ' CV FOR CITY USE ONLY Bid Form Item Number(s)Awarded to Above Named Firm/Individual: Date of Award by City Council(Jbr bicls over$50,000): Date P.O./Contract Issued: RETURN COMPLETED&SIGNED BID FORM ALONG Willi CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER,THE CLOSING DATE AND TIME,AND YOUR COMPANY NAME AND ADDRESS.