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HomeMy WebLinkAboutResolution - 2017-R0329 - Racer Classic Car Wash - 09/14/2017Resolution No.2017-R0329 Item No.6.23 September 14,2017 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. 13363 for car wash services,by and between the City of Lubbock and Racer Classic Car Wash of Lubbock, Texas 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 September 14, 2017 . ATTEST: JlQaJA^. Rebfecca Garza,City Secretary APPROVED AS TO CONTENt: ~^>frpUcS^ Scott Snider, Assistant City Manager APPROVED AS TO FORM: Lelli Leisure,Assistant City Attorney ccdocs/RES.Contract-13363RacerClassic 07.11.17 DANIEL M.POPE,MAYOR Resolution No. 2017-R0329 City of Lubbock, TX Car Wash Services Service Agreement Contract 13363 This Service Agreement (this "Agreement") is entered into as of the 141h day of September, 2017 ("Effective Date") by and between Racer Classic Car Wash of Lubbock, TX, (The Contractor), and the City of Lubbock, TX (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 17-13363-SG, Car Wash Services. 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 Car 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 — Specifications 4. Exhibit C — Best and Final Offer 5. Exhibit D — Insurance Requirements Scope of Work Contractor shall provide the services that are specified in Exhibit A and B. The Contractor shall comply with all the applicable requirements set forth in Exhibit C and D attached hereto. Article 1 Services 1.1 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 terminate for non-compliance. 1.2 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. Such written notice must state the reason for cancellation. The City of 1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.4 All funds for payment by the City under this Agreement 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 Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Contractor 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 Agreement beyond the date of termination. 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 of 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 do. 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. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUB CK /-I- Daniel M. Pope, M yor ATTEST: Re ecca Garza, City Secre ary APPROVED AST CONTENT: Billy Taylor, Dire for o Fleet Services APPROPi TO FORM: Kelli L isure, Assistant City Attorney -:2, Z Address 4- -City, State, Zip C de 3 Exhibit A a) 3 City of Lubbock, TX RFP 17-13363-SG Car Wash Services II. GENERAL REQUIREMENTS INTENT 1.1 The City of Lubbock (hereinafter called "City") is inviting interested firms and individuals, (hereinafter called "Proposer") to submit a proposal for Car Wash Services at various City of Lubbock location(s), utilizing a Radio -Frequency Identification (RFID) system. 1.2 Include with proposal the facility locations, business hours, contact numbers, and pricing for unlimited monthly washes per vehicle. EVALUATION CRITERIA 2.1 The following criteria will be used to evaluate and rank submittals: a) Proposed Services (35%) b) Price (30%) c) Experience/Qualifications (25%) d) References (10%) PROPOSAL FORMAT 3.1 Proposals should provide a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. 3.2 The proposal should be bound in a single volume where practical. All documentation submitted with the proposal should be bound in that single volume. 3.3 If the proposal includes any comment over and above the specific information requested in the RFP, it is to be included as a separate appendix to the proposal. 3.4 The proposal must be organized into the following response item sections and submitted in an indexed binder. a) Cover letter addressed to the Honorable Mayor and City Council that states the Proposer's understanding of the services to be provided. Include any additional information believed necessary that is not requested elsewhere in the RFP. b) Proposer's specific expertise in areas pertinent to the project to include a listing and brief description of similar projects completed (with the dates of completion) or in progress and a list of references by name, address, and telephone number for each project listed. This list of projects in progress shall include the phase of work that each project is currently in (i.e. design, bid, construction), and the estimated completion date. c) A brochure of past work, with emphasis on comparable projects. d) List of principal(s) of the Proposer and amount of time that principal(s) will be involved in the project. e) List of other professionals to be used, if applicable, with a record of experience in projects of this nature. Identification of principal(s) and percentage of time the principal(s) will be involved in the project. f) The organizational structure of the employees who will be assigned to this project along with resumes of those individuals. If a joint venture is expected, then provide the organizational structure of the sub -contractor and resumes of those persons who will be involved in the project. g) List of facilities, addresses, phone and fax number of each facility, the manager of each facility, and business E-mail address of each facility manager. h) The Proposer must assure the City that he/she will to the best of his/her knowledge, information and belief, be cognizant of, comply with, and enforce, where applicable and to the extent required, all applicable federal or state statutes and local ordinances including, but not limited to the Davis -Bacon Federal minimum wage requirements. i) Describe the Proposer's methodology for handling errors and omissions. j) Disclosure of any obligations posing a potential conflict of interest, including service on City boards and/or commissions and any current contracts with the City of Lubbock. This would apply to the Proposer as well as consultants subcontracted by the Proposer. k) Any material which the proponent wishes to submit and which is not specifically requested in the above categories. 1) Proposers strongly encouraged to explore and implement methods for the utilization of local resources, and to outline how they would address outreach issues in their proposal. It is also the desire of the City that the City of Lubbock program serve, as much as practicable, to stimulate growth in all sectors of the local business community. Describe how your firm would facilitate this process, and provide any relevant information about similar efforts on previous projects. Exhibit B City of Lubbock, TX RFP 17-13363-SG Car Wash Services III. SPECIFICATIONS SCOPE a) This specification is for car washing services for the City of Lubbock, hereinafter referred to as "City," owned vehicles. The City of Lubbock would like to utilize a Radio -Frequency Identification (RFID) system, provided by the vendor to insure proper billing of each vehicle run through the car wash. b) City owned vehicles are grouped so that the appropriate washing charges can be determined and applied. This Contract is to be used for City Vehicles only, not personal. 2 Purpose Services a) The City is seeking proposals for Car Washing Services utilizing an RFID system to include unlimited monthly wash with a monthly fee. The City reserves the right to make multiple contracts. b) All detergents/soaps/rinses utilized by the vendor shall not contain any acids. All products utilized by the vendor shall be environmentally friendly. c) Vendor shall provide car washing services strategically located throughout the City. 1) Vendor shall provide fully -equipped facilities located strategically throughout the City where any City employee, operating a City owned vehicle, may drive-thru and wash their vehicle. Each facility shall accommodate the washing of any type and size, as specified on Price Proposal Sheet. Each facility shall include, at a minimum but not limited to, the following equipment: vacuum, brush or brushless washing system and trash receptacles. 2) Exterior cleaning of vehicles shall include, but not be limited to, the following: wash vehicles with soapy water and rinse with clear water; tires, rims, and lower exterior panels around vehicles will be steam cleaned; and all exterior surfaces, including windows and mirrors, are to be cleaned and be free of streaks, spots, and lint. 3) If the vendor has an "extremely dirty, or a too muddy or dirty" wash policy, they must provide a copy of the policy with their proposal to the City with an explanation of the reasons and use of this policy. d) The vendor will perform the duties necessary for washing, to include the washing of wheels, tires, wheel wells, front and rear bumper areas, and the entire exterior body of the vehicle, or provide the operator of the vehicle the availability of a high-pressure vehicle washer and/or heavy-duty, high-powered vacuum cleaner. 1) The vendor shall be open for business for a minimum of eight (8) hours per day, six (6) days a week, excluding holidays. 2) The City of Lubbock Fleet Services Department will provide the vendor a list of vehicles with license plate numbers, divided by City departments. 3 OTHER REQUIREMENTS a) Vendor Qualifications 1) The City reserves the right to visit the proposer's facility or facilities to determine if the proposer is capable of providing these services and at the level of volume as specified herein. b) Invoices 1) For unlimited monthly washes i) Invoices shall include, at a minimum, the vehicle license plate number, the department name, the description of service(s) provided during the billing cycle, the monthly price and total price(s). ii) City employees utilizing this service shall be equipped with an RFID vehicle tag prior to service. Monthly billing invoices will be required to be mailed to the Fleet Services Department for departmental review prior to payment. The vendor shall provide a detailed, monthly invoice each month for all services performed the previous month. The vendor agrees to accept purchasing card payments for services without any additions or surcharges. Exhibit C City of Lubbock, TX RFP 17-13363-SG Car Wash Services Price Proposal Sheet DATE: S - �3- f Unlimited Monthlv Wash Price Proposal ITFM QT} UONI DESCRIPTION MONTHLY PRICE EXTENDED COST _ 1. 1055 Each Class 1 — 2 Vehicles: '/: tons trucks and $ smaller vehicles, and 3/4ton trucks 5, (,p (A S I Class 3— 5 Vehicles: 1-ton trucks and i$ 2. 352 Each medium duty trucks: 9,800 GVNN R — 33,000 GVZVR I i tJ� S LOCATIONS n 162 Sl;d e I o I U 'A ; vex, f►�j )-� 1 b+`11 .21S F�Arn kFor!/ )-110 M!ie,__Nva LA HOURS OF OPERATION -730 - 730 M - sc-- Ia-(4c 54- -136- -736 ru -Sc 1y -U 5r` fSan� - -7joM M -SA, to—& Sc� 73b. -73o M-S� Ib-lp 5k. CONTACT NAMF,PHONF it is the responsibility of the vendor to update Contact information, should it change throughout the term of the contract. Proposer's Initials Exhibit D City of Lubbock, TX RFP 17-13363-SG Car Wash Services 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. 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 COMBINED SINGLE LIMIT GENERAL LIABILITY ® Commercial General Liability ❑ Other General Aggregate $1,000,000 ❑ 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 PROFESSIONAL LIABILITY AUTOMOTIVE LIABILITY ❑ Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto ❑ BUILDER'S RISK ❑ INSTALLATION FLOATER ❑ POLLUTION ❑ CARGO ❑ All Owned Autos ❑ Hired Autos Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Combined Single Limit Each Occurrence Each Occurrence Aggregate Auto Only - Each Accident Each Accident Aggregate ❑ 100% of the Total Contract Price ❑ 100% of the Total Material Costs ❑ WORKERS COMPENSATION —STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ❑ EMPLOYERS' LIABILITY $ 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 of completed operations endorsement. ❑ Waiver of subrogation in favor of the City of Lubbock on all coverages, except The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. 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 thirty (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 13`' 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. 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, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2017-234245 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Racer Wash Management, LLC Lubbock, TX United States Date Filed: 07/10/2017 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 Purchasing & Contract Management 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. 13363 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 FQAVIT_ _ I swear, oZzgent7�acttffg- he above disclosure is true and correct. MISTI ANN DUFFEY Notary ID 4t 124654481 My Commission Expires Lc-, -' .�*�b June 22. 2020 antrac g business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said t-'t.I1cye +.J Z c\ , ,\- this the 20 ( �7 , to certify which, witness my hand and seal of office. i �� day of Signature of officer administerik hth3 Printed name of officer administering oath Title of officer administering oAth runny Niuvweu uy i exas tmics Commission www.etnics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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: 2017-234245 Date Filed: 07/10/2017 Date Acknowledged: 07/12/2017 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Racer Wash Management, LLC Lubbock, TX United States 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 Purchasing & Contract Management 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. 13363 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 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 V1.0.883