HomeMy WebLinkAboutResolution - 2016-R0240 - Fleetwash - 07/28/2016Resolution No.2016-R0240
Item No.6.14
July 28,2016
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,Contract No.12917 for mobile car washing services for Fleet
vehicles,as per ITB 16-12917-SS,by and betweenthe City of Lubbock and Fleetwash,Inc., of
Lubbock,Texas,and related documents.Said Contract is attached heretoand incorporated inthis
resolution as if fullyset forth hereinandshall be includedinthe minutesof the City Council.
Passed by the City Councilon July 28,2016
DANIEL M.POPE,MAYOR
ATTEST:
SUA*^fc
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Scott Snider,Assistant City Manger
APPROVED AS TO FORM:
Justin ssis(ant City Attorney
ccdocs/Rl-S.Contract 12917 -Fleetwash.Inc.-Mobile Car Washing Services
July 8.2016
Resolution No. 2016-RO240 Contract 12917
City of Lubbock, TX
Contract for
Mobile Car Washing Services for Fleet Services
THIS CONTRACT made and entered into this 28th day of July, 2016, by and between the City of Lubbock
("City"), and Fleetwash Inc.. ("Contractor").
WHEREAS, the City of Lubbock duly advertised for bids for Mobile Car Washing 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 Washing 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 Washing Services and more specifically
referred to as Items One thru 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 Contractor shall perform the work according to the procedures outlined in the Bid Form and
Specifications attached hereto. 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. The rates may be adjusted upward or
downward at this time at a percentage not to exceed the effective change in the Consumer Price Index
(CPI) or Product Price Index (PPI), whichever 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 rate for all items. If agreement cannot be reached, the contract is terminated at the end of
the current contract period. 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 wiII
be determined by actual need. The City does not guarantee any specific amount of compensation, volume,
minimum or maximum amount of services under this contract.
4. This contract shall remain in effect until the expiration date, performance of services ordered, or
termination of by either parry with a thirty (30) day written notice. Such written notice must state the
reason for cancellation. 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.
S: Purchase/Bid Docs7ITB 16-12917-SS Mobile Car Washing Services at Fleet Services
6. INSURANCE
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 fumish 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.
INSURANCE COVERAGE REQUIRED
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. 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 ❑ Other
❑ Claims Made ® Occurrence
❑ W/Heavy Equipment
❑ To Include Products of Complete Operation Endorsements
COMBINED SINGLE LIMIT
General Aggregate $L000,000
Products-Comp/Op AGO X
Personal & Adv. Injury X
Contractual Liability X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
PROFESSIONAL LIABILITY
❑ General Aggregate
LIABILITY
®
Any Auto
❑
Scheduled Autos
❑
Non -Owned Autos
EXCESS LIABILITY
❑
Umbrella Form
❑ All Owned Autos
❑ Hired Autos
Combined Single Limit
Per Occurrence $L000.000
Each Occurrence
Aggregate
GARAGE LIABILITY
❑
Any Auto
Auto Only - Each Accident
❑
Each Accident Aggregate _
❑
BUILDER'S RISK
❑ 100% of the Total Contract Price
❑
INSTALLATION FLOATER
❑ 100% of the Total Material Costs
❑
POLLUTION
❑
CARGO
®
WORKERS COMPENSATION — STATUTORY
_
AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY
®
EMPLOYERS' LIABILITY
W0.000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis
® To include products ofcompleted operations endorsement.
® Waiver ofsubrogation in favor ofthe City of Lubbock on all coverages, except
The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on
all coverage's. All copies of the Certificates of Insurance shall reference the contract number for which the insurance
is being supplied.
S: Purchase/Bid Docs/ITB 16-12917-SS Mobile Car Washing Services at Fleet Services
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies 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.
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 and Contract Management
City of Lubbock
1625 13s' 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.
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 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 thirty (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.
S: P=bwe/Bid DocsATB 16-12917-SS Mobile Car Washing Services w Fleet Services
10. 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 nonappropriation 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.
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 on insurance from the Subcontractor that
complies with all contract insurance requirements.
12. This Contract consists of the following documents set forth herein; Invitation to Bid No. 16-12917-SS,
Specifications, and the Bid Form.
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 L OCK
DANIEL M. POPE, MAYOR
EST:
Reb ca Garza, City Secre ry
I
APPROVED TO C T TE
Scott Snider,AssistantCity Manager
APPROVED AS TO FORM:
` 1
Justin P u , Ass' tant City Attorney
CONTRACTOR
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Print N ne �e.A J�� i�c
.)ni Sn; L A l e—
Address
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City, State, Zip Code
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S: PmhasdBid Docs/1T8 16-12917-SS Mobile Car Washing services at Fleet Services
REVISED
Bid Form
Mobile Car Washing Services at Fleet Services
City of Lubbock, TX
ITB 16-12917-SS
In compliance with the Invitation to Bid 16-12917-SS, 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 16-12917-SS 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
DESCRIPTION
UNIT PRICE
MONTHLY
(+)
Measure
BID
TOTAL
Light Duty Cars, Pick-ups, Vans, Sport
1.
25
Each
Utility Vehicles; 1 Ton and Below, per
$ i 11 c p
O
$ .�,y s0
specifications
l
Heavy Duty Trucks, 1 Ton with Aerial
2.
25
Each
Units up to 42' (Including Refuse
p
$ Ci D
$ ua%A 'so
Trucks), per specifications
Heavy Duty Trucks above 1 Ton with
3.
5
Each
Aerial Units 42' to 125', per
^p
$ aA l 9 g
g I y9 q 0
s ecifications
Interior and Exterior Service Wash
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
s ecifications
Heavy Duty Trucks, 1 Ton with Aerial
5.
25
Each
Units up to 42' (Including Refuse
$ 3y.�($
$
Trucks), per specifications
Heavy Duty Trucks above 1 Ton with
6.
5
Each
Aerial Units 42' to 125'. per
q
$ 3 1 9 $
1
$ I n Q Q J
—1 1
s ecifications
• t
Additional Charges
ITEM
DESCRIPTION
UNIT PRICE BID
7.
Additional Charge for Extra Muddy Vehicles
$ s O 0
8.
Additional Charge for Degreasing (Oil or Hydraulic)
$ _ O —
9.
Per mile charge for more than 25 miles outside of city limits
$ _ O —
S: Purchase/Bid Docs/FM 16-12917-SS Mobile Car washing Services at Fleet Services
REVISED
City of Lubbock, TX
Purchasing and Contract Management
ITB 16-12917-SS
Scope of Services
The City of Lubbock Fleet Services is seeking bids for mobile car wash services to be performed at various Department
locations throughout the City. 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 is responsible for the Best Practices Method
for cleaning up of the runoff water. Some examples are: mat, vacuum, or a berm. The City of Lubbock's Storm Water
Department will make unannounced spot checks to see that the Contractor is in compliance and if the Contractor is not,
they will be citied with a fine.
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.
S: Purchase/Bid Docs/rIB 16-12917-SS Mobile Car Washing Services at 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
S: Purchase/Bid Docs/IIB 16-12917-SS Mobile Cat Washing Services at fleet Services
City of Lubbock, TX
Fleet Services
Bid Tabulation
July 28, 2016
ITB 16-12917-SS
Mobile Car Washing Services at Fleet Services
Item
Qty UOM Description/Vendor Location
Unit Price
Monthly
Annual
Exterior Wash Only
1
25 EA Light Duty Cars, Pick-ups, Vans, Sport Utility Vehicles; I ton and below
Fleetwash Inc. Lubbock, TX
$ 11
275
3,294
2
25 EA Heavy Duly Trucks, 1 ton with Aerial Units up to 42' (including Refuse Trucks)
Fleetwash Inc. Lubbock, TX
25
625
7,494
3
5 EA Heavy Duty Turcks about 1 ton with Aerial Units 42' to 125'
Fleetwash Inc. Lubbock, TX
30
I50
1,799
Interior
and Exterior Service Wash
4
25 EA Light Duty Cars, Pick-ups, Vans, Sport Utility Vehicles; I ton and below
Fleetwash Inc. Lubbock, TX
21
525
6,294
5
25 EA HeavyDuty Trucks, 1 ton with Aerial Units up to 42' (including Refuse Trucks)
Fleetwash Inc. Lubbock, TX
35
875
10,494
6
5 EA Heavy Duty Turcks about 1 ton with Aerial Units 42' to 125'
Fleetwash Inc. Lubbock, TX
40
200
2,399
Additional Charges
7
Additional Charges for Extra Muddy Vehicles
Fleetwash Inc. Lubbock, TX
5
8
Additional Charge for Degreasing (Oil or Hydraulic)
Fleetwash Inc. Lubbock, TX
N/C
9
Per mile charge for more than 25 miles outside of the city limits
Fleetwash Inc. Lubbock, TX
N/C
Overall
Fleetwash Inc. Lubbock, TX
31,774
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
Complete Nos. 1 - 4 and 6 if there are interested parties.
complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-94680
Date Filed:
08/04/2016
Date Acknowledged:
08/04/2016
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
2 Name of governmental entity or state agency that is a party to the contract for which the forms
being filed.
CITY OF LUBBOCK
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.
12917
VEHICLE WASHING
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
DESTEFANO, PHILIP
FAIRFIELD, NJ United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said , this the day of _
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos, 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, s, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2016-94680
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
FLEEfWASH INC
FAIRFIELD, NJ United States
Date Filed:
08/04/2016
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:
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.
12917
VEHICLE WASHING
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
DESTEFANO, PHILIP
FAIRFIELD, NJ United States
X
5
Check only if there is NO Interested Party. ❑
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Joseph Scott Spagnoli
Notary public of New Jersey
My Commission Expires 11/13/2018 Signature of author' tl agent f co cting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me, by the said 1 t'b �w`l �i/tl L , this the
20 /%tocenify which, witness my hand and seal of office.
/� I —
i� day of Av L r ,
Signat(rr of officer administering oath Printed name of oKcel'administering oath
Title of officer administering oath
Forms provicrdd by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277