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HomeMy WebLinkAboutResolution - 2012-R0226 - Contract - Racer Wash Management LLC - Vehicle Washing Services - 05_30_2012Resolution No. 2012—RO226 May 30, 2012 Item No. 5.28 RESOLUTION IBE 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. 10607-1 for vehicle washing services for City fleet, by and between the City of Lubbock and Racer Wash Management, LLC dlb/a Racer Classic Car Wash, 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 TTEST: Garza, City (APPROVED AS 'TO C V u1 Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Weaver, Assistant City Attorney Contract -Racer Classic Car Wash ay 11, 2012 30, 2012 Unffbrrn FacshMe Signature of Public OffieWs Ad, Ch. 618, Tx Gov't Code Resolution No. 2012-RO226 CONTRACT 10607-1 CITY OF LUBBOCK, TX SERVICE AGREEMENT This service Agreement (this "Agreement") is entered into as of the 30`h day of May, 2012 ("Effective Date") by and between Racer Wash Management, LLC., dba Racer Classic Car Wash (the "Contractor"), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals for Vehicle Washing Services for City Fleet; and WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City of this service; and WHEREAS, Contractor desires to perform as an independent Contractor to provide Vehicle Washing Services for City Fleet 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 — Price Proposal 4. Exhibit C — Insurance Scope of Work The Contractor shall provide the services that are specified in Exhibit A. The Contract shall comply with all applicable requirements set forth in Exhibit B and C attached hereto. Article 1 Services The Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A. The City agrees to pay the amounts stated in Exhibit B, to the Contractor for performing services. 1.1 The Contractor shall use its commercially reasonable efforts to render services under this agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. 1.2 All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for the 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 current fiscal year, or when appropriation made for the current year for the goods or services covered by the Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of the Agreement, cancellation shall be accepted by the Contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under the 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 constructed 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 there by. 2.6 The waiver of a breach of any Provision of this Agreement by any parties of the failure of any parties otherwise to insist upon strict performance of any provision here of 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 the Contractor the City of 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 thirty (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 the 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 is option reserves the right to deduct such amounts owing the City from any payments due to the Contractor. 2.10 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. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LU CK, Glet ert n, ayor Un ft m FecokMW Signature of Public CMdals Act, Ch. 818, Tx Gov't Code ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: �1 Scott Snider, Assistant City Manager APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney Printed Name _ / �v . Address City, State, Zip Code Resolution No. 2012-R0226 EXHIBIT A GENERAL REQUIREMENTS 1 INTENT 1.1 The City of Lubbock (hereinafter called "City") is inviting interested firms and individuals, (hereinafter called "Proposer") to submit a proposal for light duty vehicle washing at contractors' location(s). 1.2 The specifications give are basis for the comparison of evaluation of proposals. 1.3 Included with proposal the facility locations and pricing per vehicle per wash. 2 SCOPE AND PURPOSE 2.1 This specification is for vehicle cleaning and washing services for the City of Lubbock, hereinafter referred to as "City" owned vehicles. 2.2 To provide the City with a reliable source for vehicle washing services for all City departments under this contract. 2.3 City owned vehicles are grouped so that the appropriate washing charges can be determined and applied. 2.4 Definitions — All references to wash, washing, or vehicle washing, regardless of its grammatical intent, is defined as the exterior portion of the vehicle. 3 APPLICABLE SPECIFICATIONS 3.1 The City is seeking proposals for vehicle cleaning and washing services to include, but not limited to, providing an unlimited monthly wash with a fee, a per unit wash service with a per unit fee, and a self -wash service with a per unit fee. 3.2 The vendor 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 proposal to acquire complete vehicle washing services from experienced local vendors. 3.3 All detergents/soaps/rinses utilized by the vendor shall not contain any acids. All products utilized by the vendor shall be environmentally friendly. 3.5 Vendor shall provide vehicle washing services strategically located throughout the City. a) 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 of vehicle 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 and/or self -wash bays, trash receptacles, and disposable rags. b) 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. c) 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. 3.6 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. a) The vendor shall be open for business for a minimum of eight (8) hours per day, six (6) days a week, excluding holidays. b) The City of Lubbock Fleet Services department will provide the vendor with a list of vehicles with license plate numbers, divided by City departments. Monthly billing invoices will be required to be mailed to the City of departmental review prior to payment. 4 OTHER REQUIREMENTS 4.1 Vendor Qualifications a) Vendor shall have an operational facility to perform vehicle washing in order to qualify for consideration of award. b) The City reserves the right to visit the vendor's facility or facilities to determine if the vendor is capable of providing these services and at the level of volume specified herein. 4.2 Invoices a) For unlimited monthly washes 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 unit price and total price(s). ii. City employees utilizing this service shall show their vendor's wash card prior to service. iii. City departments shall pay for these services from a monthly invoice after review. 4.3 For Per Unit Washes a) City employees utilizing this service shall show their vendor's wash card prior to service, and shall use their City provided purchasing card for payment. The vendor agrees to accept purchasing card payments for services without any additions or surcharges. 5 CONTRACT TERM 5.1 The contract shall be for a term of one (1) year, with the option of four (4), one (1) 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 proposal. Actual usage may be more or less. Ordered quantities will be determined by actual need. b TERMINATION OF CONTRACT 6.1 This contract shall remain in effect until the expiration date, performance of services ordered, or termination by either party 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. PROPOSAL SUBMITTAL FORM UNIT PRICE PROPOSAL DATE: 3 f 1sbK/C� RFP 12-10607-CI, Vehicle Washing Services for City Fleet Proposal ot'-1�,AL P Offeror) Self Service Unit Price ()TY — Resolution No. 2012—RO226 EXHIBIT B RA tom' LLOLSS t c, (hereinafter called ITEM +� U"M DESCRIPTION UNIT PRICE' 1. 1055 Each Class 1 — 2 Vehicles: %: tans trucks and S S smaller vehicles, and % ton trucks Class 3 — 5 Vehicles: 1-ton trucks and S 2. 352 Each medium duty trucks: 9,800 GVWR — n33,000 GVWR &JZ J'� Class 6 — 8 Vehicles: Bucket trucks, S S 3. 241 Each refuse and recycling trucks, dump trucks: 33,001 GVWR and above Unlimited Monthly Wash Unit Price Proposal EXTENDED COST ITEM QTY UOM DESCRIPTION UNIT PRICE' EXTENDED COST 4. 1055 Each Class 1 —2 Vehicles: '% tons trucks and S pq S smaller vehicles, and % ton trucks �. Class 3— 5 Vehicles: 1-ton trucks and S S 5. 352 Each medium duty trucks: 9,800 GVWR — �O 00 33,000 GVWR Class 6 — 8 Vehicles: Bucket trucks, S S 6. 241 Each refuse and recycling trucks, dump NIA trucks: 33,001 GVWR and above Per 1Init Wash Unit Price Prormwal ITEM QTY UOM DESCRIPTION UNIT PRICE* EXTENDED COST 7. 1055 Each Class l —2 Vehicles: Yz tons trucks and S 00 S smaller vehicles, and % ton trucks Class 3— 5 Vehicles: 1-too trucks and S S 8. 352 Each medium duty trucks: 9,800 GVWR — l� ,gyp 33,000 GVWR Class 6 — 8 Vehicles: Bucket trucks, S S 9. 241 Each refuse and recycling trucks, dump NlA trucks: 33,001 GVWR and above ' If the unit price and the extended price are at variance, the unit price shall prevail. Oti'eror's Initials Resolution No. 2012-RO226 EXHIBIT C 11►6Yi1:".1 0110 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. 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 AMOUNT General Liability Commercial General Liability per $1,000,000 Occurrence Endorsements General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability All copies of the Certificates of Insurance shall reference the RFP or proposal number for which' the insurance is being supplied. 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. f. All copies of the Certificates of Insurance shall reference the project name or proposal 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, Director of Purchasing and Contract Management City of Lubbock 1625 13`h 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.