Contract - Mister Car Wash - 4/12/2018 CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF
VEHICLE CLEANING SERVICES
WITH
MISTER CAR WASH
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT (referred to herein as the "Agreement"), is for purchase of vehicle
cleaning services for the Police and Fire Departments and related services, and is made on the
day of the month of (�• , 2018, by and between the CITY OF ROUND
ROCK, a Texas home-rule municipality, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664-5299 (referred to herein as "City"), and MISTER CAR WASH,
whose offices are located at 222 East 5th Street, Tucson, Arizona 85705 (referred to herein as
"Vendor"). This Agreement supersedes and replaces any previous agreements between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City has determined that there is a need for the delineated goods and
services; and
WHEREAS, City desires to contract for the provision of such goods and services, and
City desires to purchase same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW,THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
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1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Mister Car Wash
whereby City is obligated to buy specified goods and Vendor is obligated to sell same. The
Agreement includes the following: (a) City's Invitation for Bid designated IFB 18-002 dated
January 2018; (b) Vendor's Response to IFB; (c) contract award; and (d) any exhibits, addenda,
and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be
resolved by giving preference in the following order:
(1) This Agreement;
(2) Vendor's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Vendor to comply
with promised delivery dates, specifications, and technical assistance specified.
G. Vendor means Mister Car Wash, or any of its corporate structures, successors or
assigns.
2.01 EFFECTIVE DATE, TERM,ALLOWABLE RENEWALS, PRICES FIRM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. The term of this Agreement shall be for sixty (60) months from the effective date
hereof.
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C. Prices shall be firm for the duration of this Agreement. No separate line item
charges shall be permitted for invoicing purposes, including but not limited to equipment rental,
demurrage, costs associated with obtaining permits, or any other extraneous charges.
D. City reserves the right to review the relationship at any time, and may elect to
terminate with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Mister Car Wash to supply the goods as outlined in IFB 18-002 dated
March 2017, and Response to 1FB submitted by Vendor, all as specified in Exhibit "A" attached
hereto and made a part hereof for all purposes. The intent of these documents is to formulate an
Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by
Vendor in its Response to the IFB.
The goods and services which are the subject matter of this Agreement are described in
Exhibit"A"and, together with this Agreement, comprise the total Agreement and they are fully a
part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED; COSTS
A. All bid items set forth in Option No. 1 of"Attachment A: Bid Form" of Exhibit
"A"are awarded to Vendor.
B. The City shall be authorized to pay the Vendor an amount not-to-exceed Fifty-
Eight Thousand Eight Hundred and No/100 Dollars ($58,800.00) for the term of this
Agreement.
5.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
6.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
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granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 27 1.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently-negotiated"piggyback"procurements.
7.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may affect such termination by
giving Vendor a written notice of termination at the end of its then-current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City if:
A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor,
or supplier about goods delivered or the service performed that causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed that causes the
payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
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9.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives
to any City officer, employee or elected representative with respect to the performance of this
Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal
Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
11.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain same from another source or supplier(s).
12.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid IFB 17-009
(including all attachments and exhibits), and its bid response; and as set forth at
http://www.roundrocktexas.gov/, p-content/uploads/2014/12/corr insurance 07.20112.pdf
13.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Cliff Saylor, Support Services Division Manager
City of Round Police Department
2701 North Mays Street
Round Rock, TX 78665
512-671-2833
csaylorgroundrocktexas.gov
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
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15.01 DEFAULT
If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified
services elsewhere, Vendor agrees that it will not be considered in the re-advertisement of the
service and that it may not be considered in future bids for the same type of work unless the
scope of work is significantly changed. Vendor shall be declared in default of this Agreement if
it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
hereunder;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
16.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten(10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, in the event of
material and substantial breach by City, or by written mutual agreement to terminate.
E. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after notice of termination, Vendor shall
submit a statement detailing the goods and/or services satisfactorily performed under this
Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if
undisputed. The parties agree that Vendor is not entitled to compensation for services it would
have performed under the remaining term of the Agreement except as provided herein.
17.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
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other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all federal and state laws, City's Charter and Ordinances, as amended, and with all
applicable rules and regulations promulgated by local, state and national boards, bureaus and
agencies.
B. Vendor acknowledges and understands that City has adopted a Storm Water
Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal
Separate Storm Sewer System(MS4) and to be in compliance with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Vendor agrees to perform all operations on City-owned facilities in
compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into
the MS4. The Vendor agrees to comply with of the City's stormwater control measures, good
housekeeping practices and any facility specific stormwater management operating procedures
specific to a certain City facility. In addition, the Services Provider agrees to comply with any
applicable TCEQ Total Maximum Daily Load (TMDL) Requirements and/or I-Plan
requirements.
C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this contract. The signatory executing this Agreement on behalf of
Vendor verifies Consultant does not boycott Israel and will not boycott Israel at any term of this
Agreement.
19.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
20.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
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A. When delivered personally to recipient's address as stated in this Agreement; or
B. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Mister Car Wash
225 East 5th Street
Tucson, AZ 85705
Notice to City:
City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
22.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
City and Vendor. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
23.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
24.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
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way affect the validity or enforceability of any other portion or provision of this Agreement. Any
such void provision shall be deemed severed from this Agreement, and the balance of this
Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions hereof shall not prevent this entire Agreement from being void
should a provision that is of the essence of this Agreement be determined to be void.
25.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
[Signatures on the following page.]
IN WITNESS WHEREOF, City and Mister Car Wash have executed this Agreement on
the dates indicated.
City of Round Rock, Texas Mister Car Wash
By: By:
Printed Name. Printed Name: N s j-
Title: 01 Title
Date Signed: Date Signed:
For City,Attest:
By: .
Sara L. White, City Clerk
For City, roved as to Form:
By:
Stephan L. heets, City Attorney
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ROUND R TEXAS
PURCHASING 1?fVlSIQlV
City of Round Rock, `texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.Dov
INVITATION FOR BID (IFB)
Vehicle Cleaning Services for Police and Fire
SOLICITATION NUMBER 18-002
December 2017
Exhibit "A"
City of Round Rock
Vehicle Cleaning Services for Police and Fire
IFB No. 18-002
Class/Item: 928-93/924-18/928-75
December 2017
POLICE DEPARTMENT AND FIRE DEPARTMENT VEHICLE CLEANING SERVICES
PART
GENERAL REQUIREMENTS
1. SOLICITATION PACKET: This solicitation packet is comprised of the following:
Description Index
Part I—General Requirements Page(s)2-5
Part II—Definitions, Standard Terms and Conditions Page 5
and Insurance Requirements
Part III-Supplemental Terms and Conditions Page(s)5-8
Part 1V—Specifications Page(s)8-9
Attachment A—Bid Sheet Page 10
Attachment B—Reference Sheet Page 11
Attachment C—Addendum Acknowledgement Form Page 12
2. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may
contact:
Oscar Wise,CTCM
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-5456
E-mail: owise@roundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specifications only. No
authority is intended or implied that specifications may be amended or alterations accepted prior to
solicitation opening without written approval of the City of Round Rock through the Purchasing
Department.
Revised 09/17 Page 2 of 12
Exhibit "A"
City of Round Rock
Vehicle Cleaning Services for Police and Fire
IFB No. 18-002
Class/Item:928-93/924-18/928-75
December 2017
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released December 4,2017
Deadline for submission of questions December 15,2017 @ 5:00 PM, CST
City responses to questions or addendums December 19,2017 @ 5:00 PM, CST
Deadline for submission of responses December 29,2017 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due
date noted above. A copy of all the questions submitted and the City's response to the questions
shall be posted on the City's webpage in the form of an addendum at
httt)s://www.roundi-ocktexas.gov/businesscs/solicitations/
Questions shall be submitted in writing to the"Authorized Purchasing Contact". The City reserves
the right to modify these dates. Notice of date change will be posted to the City's website:
4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
littpsJ/www.roundrocktexas.Lyov/businesses/solicitations/ for any updates pertaining to the
solicitation described herein. Various updates may include addendums, cancellations, notifications,
and any other pertinent information necessary for the submission of a correct and accurate response.
The City will not be held responsible for any further communication beyond updating the website.
5. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due
date noted in PART I, Section 3—Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Oscar Wise
Purchasing Department
221 E.Main Street
Round Rock,Texas 78664-5299
5.1 Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title,
number, due date and "DO NOT OPEN".
5.2 Facsimile or electronically transmitted responses are not acceptable.
5.3 Responses cannot be altered or amended after opening.
5.4 No response can be withdrawn after opening without written approval from the City for an
acceptable reason.
5.5 The City will not be bound by any oral statement or offer made contrary to the written
specifications.
5.6 Samples and/or copies shall be provided at the Respondent's expense, and shall become the
property of the City.
6. BIDDER RESPONSE REQUIREMENTS: The City of Round Rock makes no warranty that this
checklist is a full comprehensive listing of every requirement specified in the solicitation. This list is
only a tool to assist participating Respondents in compiling their final responses. Bidders are
encouraged to carefully read the entire solicitation.
Bidders shall submit one (1) evident signed "Original" and three (3) copies of the response
requirements including any required attachments and one(1)electronic copy of the IFB response on
a flash drive.The samples and/or copies shall be provided at the Respondent's expense, and shall
become the property of the City.
Revised 09/17 Page 3 of 12
Exhibit "A"
City of Round Rock
Vehicle Cleaning Services for Police and Fire
IFB No. 18-002
Class/Item:928-93/924-18/928-75
December 2017
This invitation for bid (IFB) does not commit the City to contract for any supply or service.
Respondents are advised that the City will not pay for any administrative costs incurred in response
preparation to this IFB;all costs associated with responding to this IFB will be solely at the interested
parties' expense. Not responding to this IFB does not preclude participation in any future
RFPIRFQ/IFB.
6.1 For your bid to be responsive,the attachments identified below must be submitted with
your response:
6.1.2 Attachment A: BID SHEET:The bid response shall be submitted on itemized, signed
Bid Sheet provided in the solicitation packet. Failure to complete and sign the bid sheet
may result in disqualification. If there is a conflict between the unit price and extended
price,the unit price will take precedence.Submission of responses on forms other that
the City's Solicitation Document may result in disqualification of the response.
6.1.3 Attachment B:REFERENCE SHEET: Provide the name, address,telephone number
and E-MAIL of at least three (3) valid Municipal, Government agencies or firms of
comparable size that have utilized services that are similar in type and capacity within
the last two (2) years. City of Round Rock references are not applicable. References
may be checked prior to award. If references cannot be confirmed or if any negative
responses are received it may result in the disqualification of submittal.
6.1.4 Attachment C:ADDENDUM ACKNOWLEDGEMENT FORM:Provide signed copy of
the Addendum Acknowledgement Form or a signed copy of each issued addendum
with bid upon submission.
7. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all
responses, or to accept any response deemed most advantageous, or to waive any irregularities or
informalities in the response received that best serves the interest and at the sole discretion of the
City. All solicitations received may be evaluated based on the best value for the City. In determining
best value,the City may consider:
7.1 Purchase price;
7.2 Reputation of Respondent and of Respondent's goods and services;
7.3 Quality of the Respondent's goods and services;
7.4 The extent to which the goods and services meet the City's needs;
7.5 Respondent's past performance with the City;
7.6 The total long-term cost to the City to acquire the Respondent's goods or services;
7.7 Any relevant criteria specifically listed in the solicitation.
Respondents may be contacted for clarification of bid and/or to discuss details of the services
they are proposing. This may include a presentation and/or the request for additional
material/information.
8. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing
Definitions, Standard Terms and Conditions, all documents submitted in response to a solicitation
shall be subject to the Texas Public Information Act. Following an award, responses are subject to
release as public information unless the response or specific parts of the response can be shown to
be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under
any circumstances
8.1 Information in a submittal that is legally protected as a trade secret or otherwise confidential
must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that
section of the document. The City will not be responsible for any public disclosure of
confidential information if it is not clearly marked as such.
Revised 09/17 Page 4 of 12
Exhibit "A"
City of Round Rock
Vehicle Cleaning Services for Police and Fire
IFB No. 18-002
Class/Item: 928-93/924-18/928-75
December 2017
8.2 If a request is made under the Texas Public Information Act to inspect information designated
as confidential,the Respondent shall, upon request from the City,furnish sufficient written
reasons and information as to why the information should be protected from disclosure.The
matter will then be presented to the Attorney General of Texas for final determination.
9. CERTFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code
requires the successful offeror to complete a Form 1295 "Certificate of Interested Parties" that is
signed and notarized for a contract award requiring council authorization. The "Certificate of
Interested Parties"form must be completed on the Texas Ethics Commission website,printed,signed
and submitted to the City by the authorized agent of the Business Entity with acknowledgment that
disclosure is made under oath and under penalty of perjury prior to final contract execution. Link to
Texas Ethics Commission Webpage:https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm
PART II
DEFINITIONS,STANDARD TERMS AND CONDITONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this
solicitation,the Bidder agrees that the City's Definitions,Standard Terms and Conditions, in effect
at the time of release of the solicitation, shall govern unless specifically provided otherwise in a
separate agreement or on the face of a purchase order.Said Definitions,Terms and Conditions are
subject to change without notice. It is the sole responsibility of Bidders to stay apprised of changes.
The City's Definitions, Standard Terms and Conditions can be viewed and downloaded from the
City's website at: https://www.roundrocktexas.gov/departments/purchasing/
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in
Standard Insurance Requirements.The City's Standard Insurance Requirements document can be
viewed and downloaded from the City's website at:
https://www.roundrocktexas.gov/departments/purchasing!
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM:The terms of the awarded agreement shall include but not be limited to the
following:
1.1. The term of the Agreement shall begin from date of award and shall remain in full force for sixty
(60)months.
1.2. Upon expiration of the contract term,the Contractor agrees to hold over under the terms and
conditions of this agreement for such a period as is reasonably necessary to re-solicit and/or
complete the project up to 90 days.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The
Respondent shall:
2.1. Be firms, corporations, individuals or partnerships normally engaged in providing washing and
cleaning services for City of Round Rock PD and FD vehicles as specified herein and have
adequate organization, facilities, equipment, financial capability, and personnel to ensure
prompt and efficient service to the City;
2.2. Provide all labor, supplies and materials required to satisfactorily perform the services as
specified herein and own or acquire at no cost to the City all construction aids,appliances,and
equipment Respondent deems necessary and maintain sole responsibility for the maintenance
Revised 09/17 Page 5 of 12
Exhibit "A"
City of Round Rock
Vehicle Cleaning Services for Police and Fire
IFB No. 18-002
Class/Item:928-93/924-18/928-75
December 2017
and repair of Respondent's vehicles, equipment,tools and all associated costs. The City shall
not be responsible for any Respondent's tools,equipment or materials lost or damaged during
the performance of the services specified herein;
2.3. Be domiciled in or have a home office inside the United States. Respondents domiciled outside
the United States, or not having a home office inside the United States will not be included for
consideration in this procurement process.
3. SAFETY: The City reserves the right to remove any employee from City property for violation of
federal, state, and local health, safety and environmental laws, ordinances, rules and regulations.
The Respondent shall:
3.1. Ensure that all employees comply with all Occupational Safety and Health Administration
(OSHA),State and City safety and occupational health standards and other applicable federal,
state, and local health,safety,and environmental laws ordinances,rules and regulations in the
performance of these services;
3.2. Be held responsible for the safety of their employees and unsafe acts or conditions that may
cause injury or damage to any persons or property within and around the work site. In case of
conflict,the most stringent safety requirement shall govern;
3.3. Indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines penalties and liability of every kind arising from the breach of the Successful
Respondents'obligations under this paragraph.
4. WORKFORCE: Successful Respondent shall:
4.1 Ensure Respondent's employees perform the services in a timely, professional and efficient
manner;
4.2 Ensure Respondent's employees,while working on City property,wear a company uniform that
clearly identifies them as the Respondent's employee;
4.3 Employ all personnel for work in accordance with the requirements set forth by the United
States Department of Labor. The City reserves the right to verify citizenship or right to work in
the United States.
5. PRICING: The Bidder shall determine and submit a fixed cost for the work and shall include all
incidental costs,labor,overhead charges,travel,payroll expenses,freight,equipment acquisition and
maintenance,demurrage,fuel surcharges,delivery charges,costs associated with obtaining permits,
insurance, bonds and risk management. No separate line item charges shall be permitted for either
response or invoice purposes.
6. PRICE INCREASE: Contract prices for the cleaning and washing of City of Round Rock PD and FD
vehicles shall remain firm throughout the initial twelve (12) month term of the contract. A price
increase to the agreement may be considered on the anniversary date of the Contract each year and
shall be equal to the consumer price index for that year, but at no time can the increase be greater
than 15%for any single line item.
6.1 Consumer Price Index (CPI): Price adjustments will be made in accordance with the
percentage change in the U.S. Department of Labor Consumer Price Index (CPI-U) for all
Urban Consumers. The price adjustment rate will be determined by comparing the percentage
difference between the CPI in effect for the base year six-month average (January through
June OR July through December);and each(January through June OR July through December
six month average)thereafter. The percentage difference between those two CPI issues will
be the price adjustment rate. No retroactive contract price adjustments will be allowed. The
Consumer Price Index(CPI)is found at the Bureau of Labor Statistics, Consumer Price Index
website: http://www.bls.gov/cpi/.
Revised 09/17 Page 6 of 12
Exhibit "A"
City of Round Rock
Vehicle Cleaning Services for Police and Fire
IFB No. 18-002
Class/item:928-93/924-18/928-75
December 2017
6.2 Procedure to Request Increase:
6.2.1 Mail the written price increase request with the rate detail comparison and
comprehensive calculation and any supporting documentation to the designated City
Contract Specialist a minimum of 45 days prior to the annual Contract anniversary
date. The detailed written calculation will be verified and confirmed. All written
requests for increases must include the City of Round Rock contract number,
solicitation reference information and contact information for the authorized
representative requesting the increase. Price increase requests shall be sent by mail
to:
City of Round Rock
Purchasing Department
Attn: Contract Specialist
221 East Main Street
Round Rock,TX 79664-5299
6.2.2 Upon receipt of the request,the City reserves the right to either,accept the escalation
and make change to the purchase order within 30 days of the request, negotiate with
the Vendor or cancel the agreement or purchase order if an agreement cannot be
reached on the value of the increase.
7. PERFORMANCE REVIEW:The City reserves the right to review the awarded respondents'
performance anytime during the contract term.
8. ACCEPTANCE/INSPECTION:Acceptance inspection should not take more than five(5)working
days.The awarded respondent will be notified within the time frame if the services delivered are not
in full compliance with the specifications. In the event the services are not performed to the
satisfaction of the City;the vendor shall agree to reperform services to specification at no additional
cost to the City. If any agreement or purchase order is cancelled for non-acceptance,the needed
services may be purchased elsewhere and the vendor may be charged liquidated damages.
9. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of
any minimum or maximum purchase is made or implied. The City will only order the services/goods
needed to satisfy requirements within budgetary constraints, which may be more or less than
indicated.
10. WORKFORCE: Successful Respondent shall:
10.1 Ensure Respondent's employees perform the services in a timely, professional and efficient
manner;
10.2 Ensure Respondent's employees,while working on City property,wear a company uniform that
clearly identifies them as the Respondent's employee;
10.3 Employ all personnel for work in accordance with the requirements set forth by the United
States Department of Labor. The City reserves the right to verify citizenship or right to work in
the United States.
11. PERMITS:The Successful Respondent shall verify and obtain all necessary permits,licenses,and/or
certificates required by federal, state and local laws, ordinances, rules or regulations for the
completion of the services as specified if required for the project.
12. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single
award, split award, primary and secondary award, non-award, or use any combination that best
serves the interest and at the sole discretion of the City. Award announcement will be made upon
City Council approval of staff recommendation and executed agreement. Award announcement will
appear on the City's website at http://www.roundrocktexas.-gov/bids.
Revised 09/17 Page 7 of 12
Exhibit "A"
City of Round Rock
Vehicle Cleaning Services for Police and Fire
IFB No. 18-002
Class/Item: 928-93/924-18/928-75
December 2017
13. POST AWARD MEETING: The City and Successful Bidder(s) may have a post award meeting to
discuss, but not be limited to the following:
13.1 The method to provide a smooth and orderly transition of services performed from the current
contractor;
13.2 Provide City contact(s) information for implementation of agreement.
13.3 Identify specific milestones,goals and strategies to meet objectives.
14. POINT OF CONTACT/DESIGNATED REPRESENTATIVE:
14.1 Contractor's point of contact: In order to maintain consistent standards of quality work
performed across the City,the City shall be provided with a designated and identified point of
contact upon award of the contract to include contact information. The City's designated
representative shall be notified by the Respondent immediately should the point of contact
change.
14.2 The City's designated representatives shall be:
Damaris Morales Karen Johnson
Logistics Officer Logistics Officer
Police Department Fire Department
Phone: (512)671-2836 Phone: (512)218-3209
E-mail: damoralesProundrocktexas.nov Email:kjohnson@roundrocktexas.gov
PART IV
SPECIFICATIONS
1. Introduction: Round Rock,Texas,with a population of around 105,000, is located 15 miles north of
Austin in the Central Texas hill country. Round Rock is the 31st largest City in Texas, according to
the 2010 U.S. Census Bureau data.
2. Purpose: The City of Round Rock, herein after called "the City" seeks bids from qualified firms
experienced in providing exterior and interior washing and cleaning of Police and Fire vehicles.
3. Contractor Services:
This Invitation for Bid (IFB)for professional cleaning and washing services covers the requirements
for the washing and cleaning of City vehicles for the Round Rock Police and Fire Departments. City
personnel must be allowed to remain in their vehicles to insure full accountability. The Police
Department will have approximately 250 vehicles that may use this service.The Fire Department will
have approximately 30 vehicles that may use this service. The City reserves the right to add
additional City vehicles to this contract which will include another 50 vehicles. The successful
Respondent shall have the means and the ability to provide cleaning/washing and vacuuming
services to include, but not limited to the following:
3.1 Wash: Basic Exterior vehicle tunnel wash with no additional options.Automated tunnel wash
allows the occupant to remain in the vehicle during the wash cycle as it moves thru the tunnel
via a conveyor track. First,the vehicle enters a pre-soak area that wets the vehicle down
before the application of any detergents.Then, high-powered jets of water and strong
detergents are sprayed on the vehicle. A cloth friction wash system of soft cloths is then
moved around against the surface of the vehicle.Then,as the vehicle moves past the
scrubbers,the cloth strips brush along the vertical surfaces of the car.The vehicle may move
thru a high-pressure washer system of rotating water jets that spray concentrated streams of
water onto the vehicle. Next,the vehicle moves through a rinse arch that removes whatever
residue remains. The final step is when the vehicle moves thru the automated blow-drying
process.
Revised 09/17 Page 8 of 12
Exhibit "A"
City of Round Rock
Vehicle Cleaning Services for Police and Fire
IFB No. 18-002
Class/Item: 928-93/924-18/928-75
December 2017
3.2 Rinse: Complete tunnel rinsing of the exterior of the vehicle which removes all
cleaning agents used in the exterior washing operation.
3.3 Drying: Drying of the vehicle will either be performed by a blower in the tunnel or
hand dried by staff by hand when vehicle exits the tunnel.
3.4 Carpets: Interior vacuum of the floor area. This will either be performed by City
personnel at a self-service cleaning/vacuuming bay or by staff with the City personnel
in attendance.
3.5 Dash: Remove dust from dash,console and door panels and seats. This will either
be performed by City personnel at a self— service cleaning/vacuuming bay with
cleaning materials available or by staff with the City personnel in attendance.
3.6 Business Hours: regular hours of operation shall be at a minimum 8:00 AM to 7:00
PM Monday through Friday(except City Holidays).
3.7 Damage: The Contractor shall be responsible for any damage by the Contractor to
City vehicles or equipment. Any damage shall be repaired at the Contractor's
expense.
3.8 Billing:The Contractor shall provide each Department a Monthly Billing Statement.
The statement shall be submitted in an electronic format that may be sorted by the
Department. The statement shall include at a minimum: invoice number, City Asset
Number,vehicle license plate number,quantity, description of services, unit price(s)
and total price. Charges shall be based on actual services provided to the City.
3.9 Pricing Options:The City is seeking pricing for two basic cleaning service options.
(See Attachment A — Bid Sheet). The City reserves the right to select Option A,
Option B or both options.
3.9.1 Option A-Cost per vehicle per single visit
3.9.2 Option B-Monthly flat rate cost for unlimited number of cleaning services per
vehicle.
Revised 09/17 Page 9 of 12
Exhibit "A"
City of Round Rock
Vehicle Cleaning Services for Police and Fire
IFB No. 18-002
Class/Item: 928-93/924-18/928-75
December 2017
ATTACHMENT A
BID SHEET
1. ATTACHMENT A-BID SHEET is posted in Solicitation Documents for IFB No. 18-002 Vehicle
Cleaning Services. in an Excel format on the City of Round Rock website at:
https:/fwww.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/
1.1 In order to be considered responsive Attachment A- Bid Sheet must be completed, signed by
an authorized representative and returned by the deadline for submission of response indicated
in Part I Section 3—Schedule of Events.
1.2 The Respondent, by submitting and signing Attachment A— Bid Sheet, acknowledges that
he/she has received and read the entire document packet sections defined above including all
documents incorporated by reference,and agrees to be bound by the terms therein.
1.3 In order to do business with the City of Round Rock you must be registered with the City's
Vendor Database.To register, click the link below:
https:Nroundrock.munisselfservice.comNendors/default.assx.
1.4 By the signature affixed on Attachment A-Bid Sheet, the Respondent hereby certifies that
neither the Respondent nor the entity represented by the Respondent, or anyone acting for
such entity has violated the antitrust laws of this State,codified in Section 15.01 et seq.,Texas
Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or
indirectly, the response made to any competitor or any other person engaged in such line of
business.
1.5 The Respondent agrees,if this Offer is accepted within 120 calendar days after the Due Date,
to fully comply in strict accordance with the Solicitation,specifications and the amounts shown
on bid sheet.
Revised 09/17 Page 10 of 12
Exhibit "A"
City of Round Rock
Vehicle Cleaning Services for Police and Fire
IFB No. 18-002
Class/Item: 928-93/924-18/928-75
December 2017
ATTACHMENT B:
BIDDERS REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: /g- 00Z
RESPONDENT'S NAME: h,115-/ (,/-W- G%�, DATE: jZIZ?//7
Provide the name,address,telephone number and E-MAIL of at least three(3)valid Municipal,Government
agencies or firms of comparable size that have utilized services that are similar in type and capacity within
the last two(2)years.City of Round Rock references are not applicable. References may be checked prior
to award. If references cannot be confirmed or if any negative responses are received it may result in the
disqualification of submittal.
1. Company's Name �'lr , jf� ,. ~1cjCiCc A
Name of Contact
Titleof Contact
!7l)c.� Tca1J -RXtCC
E-Mail Address
r
Present Address
City,State,Zip Code Nb
Telephone Number Fax Number: ( )
2. Company's Name
Name of Contact
Title of Contact
E-Mail Address
Present Address
City,State,Zip Code 15-0/ne
Telephone Number ( �jg )S7b- �/ Fax Number: (�g
3. Company's Name
Name of Contact
Title of Contact V/Iz uiZEp �
E-Mail Address
Present Address
City, State,Zip Code -77�x_5oN, A-7
Telephone Number �( _(-zo ) 7,?V- 8-/67 Fax Number: (_Z ) -7cl/ -6_cy/
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Revised 09/17 Page 11 of 12
Exhibit "A"
City of Round Rock
Vehicle Cleaning Services for Police and Fire
IFB No. 18-002
Class/Item: 928-93/924-18/928-75
December 2017
ATTACHMENT C:
ADDENDUM ACKNOWLEDGMENT FORM
NOTE: If multiple addendums have been issued, respondents may complete and return this attachment
with their proposal in place of the individual addendums to be submitted. Failure to provide either this form
or the individual addendums with signatures may result in disqualification of the proposal.
Addenda Acknowledgment: The undersigned acknowledges the receipt of the following Addenda:
Addendum#: Dated:
Addendum#: Dated:
Addendum#: Dated:
Addendum#: Dated:
Addendum#: Dated:
Respondent(Company):
ink in
Signature : � �--
9 ( )
Name(Typed/printed): "v�i5i�-1' �'
Title: -' l"!"=SS 1�t0,--L >1-1t�07- Date: /�'��
Revised 09/17 Page 12 of 12
Exhibit "A"
P10--
�RG�UN�D�RO�CCK TEXAS
CITY OF ROUND ROCK
INVITATION FOR BID(IFB)
VEHICLE CLEANING SERVICES FOR POLICE AND FIRE
IFB No. 18-002 Addendum No. 1 Date of Addendum: 12119/17
Addendum No. 1, dated December 19,2017 is being issued to respond to all questions submitted by
the deadline on December 15 c@ 5:00 p.m.for IFB No.18-002 Vehicle Cleaning Services for Police
and Fire as outlined below:
1. Question: In Part IV Paragraph 3.6 — It states: "Business Hours: Regular hours of operation
shall be at a minimum 8:00 AM to 7:00 PM Monday through Friday (except City Holidays). Are
business hours of operation required from Sam-7pm? Our typical hours of operation are Sam-
6pm. If the wash is open 2 days per week from 8am-7pm will that qualify and meet your
requirements?
Answer: The minimum regular hours of operation shall be 8:00 A.M. to 7:00 P.M. Monday-
Friday (except City Holidays)
Approved : �✓ V� /� / Date:
pP b Y
Oscar Wise, Purchaser
By the signatures affixed below this addendum is hereby incorporated into and made a part of the
above referenced solicitation.
ACKNOWLEDGED `
Vendor Au h ri ed Si atur$ Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH
YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR
RESPONSE FROM CONSIDERATION FOR AWARD.
Page 1 of I
Exhibit "A"
loft
Attachment A-Bid Sheet
Vehicle Cleaning Services for Police and Fire
IFB No.18-002
The Respondant represents by their signature below that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation documents
contained iftFB
No 18-002 City of Round Rock Vehicle Cleaning Services,The Respondent acknowledges that he/she has received and read the entire solcitation packet,attachments and all documents
Incorporated by reference,and agrees to be bound by the terms therein.
Special Instructions:All prices must be quoted In order to be considered responsive. Be advised that exceptions taken to any portion of the solicitation may jeopardize acceptance
of the bid The
City reserves the right to purchase more or less than the quantities indicated below,The Respondant may bid on Option A,Option B or both options.Pricing for Additional Services are
for
"inofrmation only"and not required.
Option A-Cost per Vehicle per Single Visit
Annual
No. Description Estimated Unit Unit Cost per Visit Extended Total
Number of Visits
1 Basic Vehicle Cleaning Services-Cost per Single Visit 3,360 ea $ � $ Oc,y 7t',,,[�
Option -Total Cost
Option B-Monthly Flat Rate
Estimated Flat Rate Cost par
No. Description Quantity or Unit Month Extended Total
Vehicles
Basic Vehicle Cleaning Services-Monthly flat rate cost for
2 unlimited number of basic cleaning services per vehicle. 330 ea $ 8 9:7 X 12 months
Option B -Total Cost $ C/(,,o -I U
Additional Services-(Information Only)List any additional services and unit cost for Option A or Option 8 In addition to the Bask Vehicle Cleaning Services
NO. Description Unit Cost Per Visit(Option A) Unit Cost Per Month(Option B)
r
%vcc. tc� J�'7. 5-U
o CGCNrt vic' 7
s
6
7
a
s
10
11
COMPANY NAME: /"(I`' I YVJ'7�
SIGNATURE OF AUTHORIZED REPRESENTATIVE:
PRINTED NAME:
PHONE NUMBER: �G ' t'n�J "�y��1� X�(/7
EMAILADDRESS !!r( +'ly'/ f��rC/� �tcyr�7•CC��
Exhibit "A"
i
CERTIFICATE OF INTERESTED PARTIES FORM 1295
j 10f1
3
3
" 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
l
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
i of business. 2018-322305
Mister Car Wash
I Tucson,AZ United States Date Filed:
2 Name of government entity or state agency that is a party tot the contract for which the form Is 03/06/2018
being filed.
City of Round Rock 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.
IFB#18-002
Vehicle Cleaning Services
Nature of interest
4 Name of Interested PartY City,State,Country(Place of business) (check applicable)
Controlling I Intermediary
Car Wash Partners, Inc. Tucson,AZ United States X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION 1
My name isand my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of rperjury that the foregoing is true and correct.
Executed in t r t County, State of, gUr"A -,ori the(Oday of k�- 120(?
Anno C.t ten.4arg .� r-'' (month) (year)
Newry Pub41c,Arixa� '° '� O
Pima CourNy
My Commw#wn expires ,.
Nov*~13,20is i
n
Signature of authorized agent of conte ting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-322305
Mister Car Wash
Tucson,AZ United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/06/2018
being filed.
City of Round Rock Date Acknowledged:
03/12/2018
g 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.
IFB#18-002
Vehicle Cleaning Services
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Car Wash Partners, Inc. Tucson,AZ United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523