HomeMy WebLinkAboutResolution - 2009-R0190 - Contract - Xstream Auto Clean - Vehicle Washing Service Facilities - 05_14_2009i
Resolution No. 2009—RO190
May 14, 2009
Item No. 5.29
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, Contract 9007 for vehicle
washing service facilities as per RFP 08-078-MA, by and between the City of Lubbock
and Xstream Auto Clean, 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 this 14th day of Map , 2009.
e7�'h�
TOM MARTIN, MAYOR
ATTEST:
'-O�Lael -.e — L
Reh cca Garza, City Secretary
APPRO'V ED AS TO CONTENT:
171kv'-J� 4'--d
MaAYearwc,A, Assistant City Manager
Chief Information Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vu,/ccdocs/Chad/Resolutions/RES.Contract-Xstreatm Auto Clean
May 7, 2009
Resolution No. 2009-RO190
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Vehicle Washing Service Facilities
THIS CONTRACT. made and entered into this 14th day of May 2009, pursuant to a resolution
heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and
Xstream Auto Clean and Contract Number 9007, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for proposals for Vehicle Washing Service
Facilities and were received and duly opened as required by law; and
WHEREAS, after careful consideration of the proposals submitted by Contractor, the City of
Lubbock has heretofore adopted a resolution authorizing the acceptance of such proposal and the
execution, in the name of the City of Lubbock a contract with said Contractor covering the of the said
Vehicle Washing Service Facilities.
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:
ARTICLE l: SCOPE
To furnish Vehicle Washing Service Facilities. The Specifications for services are attached as
Exhibit A are attached and made part of this contract for the entire duration thereof.
ARTICLE H: CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE
The following contract documents shall be construed in a court of law in this order of
precedence: (1) Contract; (2) the Request for Proposal Number 08-078-MA entitled Vehicle Washing
Service Facilities (the "RFP") and all terms, conditions, and requirements thereto, is incorporated into
this Agreement by reference as if fully set forth herein. In cases wherein the teens, conditions, and
requirements of this Agreement conflict with the RFP, the terms, conditions, and requirements of the
RFP shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
CITY OF LUBBOCK
Tom Martin, Mayor
ATTEST:
2
ebe ca Garza, City Secretary
CONTRACTOR
BY
Authorized _Repres ntati
Ad ress.�l� --7 9 �
APPROVED AS TO CONTENT:
Mark J'eaAvoed, Assistant City Manager
APPR AST FORM:
Assistant City Attorney
CITIOF LLBBOCK
Vehicle Washing Service Facilities
1) SCOPE AND PURPOSE
Resolution No. 2009—RO190
a) Scope - This specification is for vehicle cleaning and washing services for the City of Lubbock,
hereinafter referred to as "City" owned vehicles.
b) Purpose - To provide the City with a reliable source for Vehicle Wash Services for all City
departments under this contract.
c) "City" -owned vehicles are grouped on Exhibit B so that the appropriate washing charges can be
determined and applied.
d) Definitions — All references to "wash", "washing" or "vehicle washing" regardless of its
grammatical intent is defined as the exterior portion of the vehicle.
2) APPLICABLE SPECIFICATIONS
a) The contractor shall provide all labor, parts, equipment, tools, transportation and supervision
required to perform the services required by this contract. It is the intention of this bid to acquire
complete vehicle washing services from experienced local vendors,
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 self service vehicle 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 vehicle may drive thru and wash their vehicle.
Each facility shall accommodate the washing of any type and size of vehicle/truck
equipped with various types and sizes of ancillary equipment. Each facility shall include
at a minimum but not limited to the following equipment: vacuum, brush or brushless
washing system, trash receptacle and disposable rags.
(2) Exterior cleaning of vehicles shall include, but not be limited to the following: Wash
vehicles with soapy water and rinse with clear water. Wheels, tires and lower exterior
panels around vehicles will be steam cleaned. All exterior surfaces including windows
and mirrors are to be cleaned and shall be free of streaks, spots and lint.
d) The Contractor will perform duties necessary for washing to include washing of wheels, tires,
wheel wells, front and rear bumper areas, and the entire exterior of the body of the vehicle or
provide operator availability of a high pressure vehicle washer and/or heavy duty, high powered
vacuum cleaner.
(1) Contractor shall be open for business a minimum of eight (8) hours per day, six (6) days
per week, normally excluding Sundays and Holidays.
(2) The Fleet Department will provide successful vendor a list with license plate numbers
divided by City Department. Monthly billing invoices will be required to the City
Department on a monthly basis for reviewing prior to payment.
3) OTHER REQUIREMENTS
a) Vendor Qualifications
i} Bidders shall have an operation facility to perform vehicle washing in order to qualify for
award.
ii) The City reserves the right to visit the bidder's facility to determine if bidder is capable of
providing these services and at the level of volume as specified in the contract.
b) Invoices
i) Invoices shall include at a minimum: the vehicle license plate number, the department name,
the description of each service(s) received during the billing cycle, the unit and total prices.
ii) Payment - City Departments will pay for these services from a monthly invoice after review.
4) II. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed
Insurance Certificate, along with a copy of the additional insured endorsement, 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. 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):
7TVPE AMOUNT
Commercial General Liability insurance $300,000
General Aggregate
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 ten-ns, conditions, limitations, or exclusions (except where policy provisions are
established by ]aw 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 pa}the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts anu
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.
f. All copies of the Certificates of Insurance shall reference the project name or bid number for
which the insurance is being supplied.
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, Purchasing Manager
City of Lubbock
1625 13`h Street, Room L04
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.
RFP #08-078-MA, 1,'eNc)e Washing Servire?s Fac.fit,
SUBMIT TO: s ,
CITY OF LUBBOCKLUBBOCK,
Purchasing &Contract ManagementCITY OF LC i // s ' TEXAS
1625 13'°Street, Rm zaa (t REQUEST FOR
Lubbock, Tx 79401-3S30
CONTACT PERSON-: AN EQUAL PROPOSAL
OPPORTUNITY
Marta Alrarea EMPLOYER #oS_o%S-MA
i TEL: 806.775.216 7
FAX: 806.7-5.2 i 64
http:. purchasing. ci.lubbock.tx.us
TITLE: Vehicle Washing Services Facilities SUBMITTAL DEADLINE:
August 20, 2008, 2:00 p.m. CST
PRE PROPOSAL DATE, TIMEANDLOCATION:9:00a.Tm.,August am'proposalsrcrehcdafterthe rin+canddwelistrdabovv,regardless
of the mode ajdeliver��, shall be' rrnrrnad uuop,ar��d.
13, 2008, in Purchasing Conference Room 204, City Hall,
1625 13'h Street, Lubbock, Texas.
R FCPC)Nr1FNT N A MF
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MAILING ADDRE S:
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CITY - S'C`A-T1E - ZIP:
TELEPHONE NO:
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FAX NO:
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L TAX ID NO. OR SOCIAL SECURITY NO.
IF RETURNING AS A"NO RESPONSE", PLEASE STATE REASON.
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND
ALL PROPOSALS iN WHOLE OR IN PART AND WAIVE ANY INFORMALITY
iN THE COMPETITIVE PROPOSAL PROCESS. FURTHER, THE CiTY
RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE
IN THE BEST INTEREST OF THE CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
REQUEST PERMITS COMPETITIVE PROPOSALS. IT iS THE OFFEROR'S
RESPONSIBILITY TO ADVISE. THE CITY OF LUBBOCK PURCHASING
CANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY
OMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE
REQUIREMENTS STATED IN THiS RFP TO A SINGLE SOURCE. SUCH
NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
RECEIVED BY THE, PURCHASING MANAGER NO LATER THAN FiVE (5)
BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE,
THE OFFEROR HERESY ACKNOWLEDGES RECEIPT OF AND AGREES iTS PROPOSAL. IS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT.COM
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be
interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their
immediate family, benefit From the award of this proposal to The above firm?_ YES— NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED OFFEROR HAVING EXAMINED THE REQUEST FOR PROPOSAL, AND BEING
FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING, AN INDIVIDUAL AUTHORIZED TO BIND THE
COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION ,MAY RESULT Ili PROPOSAL REJECTION.
By my signature I certify that this oflcr is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person
submitting an offer for the same materials, supplies, equipment, or services), and is in all respects fair and without collusion or fraud. I further ugrce that rf thr
oiler is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it ma}now or
hereafter acquire under the Anti-trust laws of the I'nited Statcs and the State of Texas for price fixing relating to the particular commodity(s) or service (s)
purchased or acquired by the City of Lubbock. t e C"y's discretion, such assignment shall be made and become effective at the time the City tenders final
payment to the vendor.
authorized StyglIM - _ Title
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Print Type Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
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Resolution No. 2009-RO190
CITY OF LUBBOCK
INVITATION TO BID
ADDENDUM "A"
Xstream AutoClean is an express exterior car wash and does not clean the interior of vehicles. A self
service area is available for self vacuuming and interior cleaning, with interior care products available
for purchase (see below for items and prices).
Xstream AutoClean cannot wash the following:
• Dually or dual rear wheel vehicles
• Vehicles over 90" in height
• Excessively muddy vehicles (mud packed in wheel wheels or on rocker panels)
• Vehicles with any loose items or debris of any kind in the bed
• Vehicles with any type of oil or tar that may be transferred to car wash cloth or brushes
• Any vehicle deemed to be unwashable by Xstream AutoClean
Pricing on all car wash packages and items are to be based on Xstream AutoClean's standard House
Account pricing as follows:
• 10% on monthly purchases from $25-$199
• 15% on monthly purchased $200 and over
Xstream AutoClean Items & Prices (before 10% or 15% discount):
• Clean Wash - $6
• Xtra Clean Wash - $8
• Protect Wash - $10
• Shine Wash - $12
• Xtra Protect Wash - $15
• Self Service/Vacuum Tokens - $1
• Hanging Air Freshener - $1
• Paper Detailing Towel - $1
• Armor All Sponge Pad - $1
• Glass Cleaning Wipe - $1
Exhibit A
City Vehicles
FIO
Codes
Facilities
Health
Cemetery
Fire
Water
Municipal Court
Building Inspection
Solid Waste
Streets
Traffic
Stormwater
and others as needed