CM-08-05-127CITY MANAGER BLUE SHEET
DATE: May 16, 2008
SUBJECT: City Manager Approval
ITEM: A multiple year agreement with THE WASH TUB to clean City
owned vehicles.
Department:
Staff Person:
Justification:
Police Department
Rick White/Sherrill Voll
The City seeks to establish a multiple -year service
agreement with a responsible bidder to clean City -owned
vehicles. The City issued an invitation for bids, and bids
were received from two companies. The best value bid was
with THE WASH TUB. For $14,149.90, THE WASH TUB will
provide the City with 1,800 standard vehicle cleaning
services (at $7.25 each), 10 detail vehicle cleaning
services (at $109.99 each), as well as associated goods
and services. It is recommended that the City enter into
this agreement with THE WASH TUB.
Funding:
Cost: $14,149.90
Source of funds: General Fund
Background Information: N/A
Updated 3-10-05
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
VEHICLE CLEANING SERVICES FROM
VIZZA WASH, L.P. dba THE WASH TUB
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of vehicle cleaning services, and for related goods and
services, referred to herein as the "Agreement," is made and entered into on this the 1»' day
of the month of IA 000. , 2008, between the CITY OF ROUND ROCK, TEXAS, a
home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas
78664, referred to herein as the "City," and VIZZA WASH, L.P. dba THE WASH TUB, whose
offices are located at 16035 University Oak, San Antonio, Texas 78249, referred to herein as the
"Vendor." This Agreement supersedes and replaces any previous agreement between the named
parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase vehicle cleaning services, and to purchase
associated 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;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and Vendor is obligated to sell same. The Agreement
includes: (a) City's Invitation for Bid designated IFB 08-018 Re -bid, Specification Number 01-
962-13-02 revised November 2007; (b) Vendor's Response to IFB; (c) contract award; and (d)
any exhibits, addenda, and/or amendments thereto. Any conflicts or inconsistencies in the
contract documents shall be resolved by giving preference in the following order:
00135082/jkg
(1) This Agreement;
(2) Purchaser'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. Vendor means Vizza Wash, L.P. dba The Wash Tub, or any of its successors or
assigns.
2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for five (5) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be renewed for
successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such
renewals, with such renewals to occur on or before the expiration date of the preceding term, and
with such renewals being absolutely predicated upon the express written agreement of both
parties. Such renewals are permitted only provided Vendor has performed each and every
contractual obligation specified in this original Agreement.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. 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. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
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D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
08-018 Re -bid, Specification Number 01-962-13-02 revised November 2007, and Response to
IFB 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
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 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.
7.01 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
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 271.101 and Section 271.102.
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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.
8.01 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 effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
9.01 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 in the event:
(a)
(b)
There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
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.
10.01 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
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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.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB
08-018 Re -bid (including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Joe Rendon
Shop Superintendent
Round Rock Vehicle Maintenance
901 Luther Peterson Place
Round Rock, Texas 78664
512-218-5571
15.01 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.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re -advertisement of the service and that it may not
5
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 under
this Agreement;
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.
17.01 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, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. 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 such notice of termination, Vendor
shall submit a statement showing in detail 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.
18.01 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
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
6
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.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties each 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.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. 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:
Vizza Wash, L.P. dba The Wash Tub
16035 University Oak
San Antonio, TX 78249
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
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Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 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.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. 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.
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
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.
25.01 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
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 of this section shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined to
be void.
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26.01 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.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By:
Printede. OUnKS . Ous-e,
Title: � ,A MQxvOSIt
Date Signed:
Attest:
By:
Sara L. White, City Secretary
For City, A
By:
Step
proved as to 1 orm:
L. Sheets, City Attorney
Vizza Wash, L.P. dba The Wash Tub
By:
Printed . me: 6 4 r
Title: L"
Date Signed: j y- o 7
9
SPECIFICATION NO.
01-962-13-02
REVISED: NOV. 2007
CITY OF ROUND ROCK
VEHICLE CLEANING SERVICES
PART 1
GENERAL
1. PURPOSE: The City seeks to establish a multiple year service Agreement with a responsible
bidder to clean City owned vehicles throughout the Agreement year and any extensions.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and
bid document:
2.1. Bidder identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide the goods, equipment or services.
2.2. City — Identifies the City of Round Rock, Travis and Williamson County, Texas.
2.3. Agreement — A mutually binding legal document obligating the Vendor to furnish the goods,
equipment or services, and obligating the City to pay for it.
2.4. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or
purchase order.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or
Services written on the City's standard Purchase Order form and which, when accepted by the
Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice
the City for Goods or Services specified, and the City's commitment to accept the Goods or
Services for an agreed upon price.
2.7. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified.
2.8. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a
Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the
Vendor's obligations arising from a contract with the City.
3. CLARIFICATION: For clarification of specifications, bidders may contact:
Carolyn Brooks
Purchaser
City of Round Rock
Telephone: 512-218-5457
cmb .round-rock.tx.us
The individual listed above may be contacted by telephone or visited for clarification of the specifications only.
No authority is intended or implied that specifications may be amended or alterations accepted prior to bid
opening without written approval of the City of Round Rock through the Purchasing Division.
Page 1 of 7
EXHIBIT
1
ttAtt
SPECIFICATION NO.
01-962-13-01
DATED: OCT. 2007
4. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code
(House Bill 914) requires that any vendor or person considering doing business with a local government
entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of
interest with a local government entity. The Conflict of Interest Questionnaire form is available from the
Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may
be mailed or delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
Christine Martinez, City Secretary
221 East Main Street
Round Rock, Texas 78664
4.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result in the disqualification of the vendor's bid.
PART II
GENERAL CLAUSES AND CONDITIONS
1. LABOR: The Vendor shall provide all labor necessary to perform the service work. The Vendor shall
employee all personnel for work in accordance with the requirements set forth by the United States
Department of Labor.
2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate
attachment to the bid. The sheet shall be labeled as such.
3. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and equipment. We
encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003,
latest revision standards, technically equivalent to the American National Standards Institute/American
Society for Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing
these standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's
position that the total quality management concepts contained within these standards can result in reduced
production costs, higher quality products, and more efficient use of energy and natural resources.
Manufacturers should note that future revisions to this specification might require ISO certification.
4. ENVIRONMENT: It is the intent of the City to purchase good and services having the least adverse
environmental impact, within the constraints of statutory purchasing requirements, departmental needs,
availability, and sound economical considerations. Suggested changes and environmental enhancements
for possible inclusion in future revisions of this specification are encouraged.
5. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall
be responsible and liable for the safety; injury and health of its working personnel while its employees are
performing service work.
6. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use,
or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees,
subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited.
Violation of this requirement shall constitute grounds for termination of the service.
7. BEST EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value
will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically
listed in the solicitation.
7.1 Bid price
7.2 Reputation of the bidder and of bidder's goods and services.
7.3 The quality of the bidder's goods or services.
7.4 The extent to which the goods or services meet the City's needs
7.5 Bidder's past relationship with the City. All vendors will be evaluated on their past performance
and prior dealings with the City to include, but not limited to, failure to meet specifications, poor
quality, poor workmanship, late delivery.
7.6 The total long-term cost to the Municipality to acquire the bidder's goods or services.
Page 2 of 7
SPECIFICATION NO.
01-962-13-02
REVISED: NOV. 2007
8. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official
or Employee evaluating or considering the bids prior to the time a bid decision has been made.
Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in
order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid.
Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award
of the bid then in evaluation, or any future bid.
7. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12
month periods of time from the effective date and shall remain in full force and effect unless and until it
expires by operation of the term stated or until terminated or extended as provided herein. The City
Manager reserves the right to:
7.1. Renew the Agreement for two additional periods of time not to exceed twelve months for each
renewal provided bother parties agree.
7.2. Review the following at the end of each twelve-month review period or renewal:
7.2.1. Vendor performance
7.2.2. Price
7.2.3. Continuing need
7.2.4. Advancements in technologies and or service
7.3. The City may terminate the Agreement with or without cause or may continue through to the next
twelve-month review or renewal period.
8. PRICE: The price bid shall be firm for the duration of the Agreement or extension periods. No separate line
item charges shall be permitted for either bidding or invoice purposes, which shall include equipment rental,
demurrage, and cost associated with obtaining permits or any other extraneous charges.
9. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
http://stats.bls.gov/Dpi/home.htm. Any price increase shall be requested by the Vendor in writing and
accompanied with the appropriate documentation to justify the increase. The vendor may offer price
decreases in excess of the allowable percentage change.
10. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly
quantities, as determined by the City's budget for the fiscal year in question. The City may effect such
termination by giving Vendor a written notice of termination at the end of its then current fiscal year.
11. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days
prior written notice to the other party. Vendor shall provide the City with 120 days written notice prior to
cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or
liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation,
without penalty, at any time the City deems the vendor to be non-compliant with contractual
obligations.
12. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes
the City to purchase the services elsewhere may be charged the difference in service if any and shall not be
considered in the re -advertisement of the service and may not be considered in future bids for the same
type of work unless the scope of work is significantly changed.
13. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative
bodies or tribunals in any matter affecting the performance of the resulting agreement, including without
limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations,
and licensing laws and regulations. When requested, the Vendor shall furnish the City with satisfactory
proof of its compliance.
Page 3 of 7
SPECIFICATION NO.
01-962-13-02
REVISED: NOV. 2007
14. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local
standards, codes and ordinances and the terms and conditions of the services of the City of Round Rock,
Texas, as well as other authorities that have jurisdiction pertaining to equipment and materials used and
their application. None of the terms or provisions of the specification shall be construed as waiving any
rules, regulations or requirements of these authorities. The successful bidder shall be responsible for
obtaining alt necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round
Rock fees and costs will be waived).
15. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and
employees from and against any and all suits, actions, legal proceedings, claims, demands, damages,
costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the
resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers,
agents, servants and employees.
16. INSURANCE: The successful Bidder shall meet or exceed ALL insurance requirements set forth by the City
as identified in Attachment A to the specifications. Any additional insurance requirements of participating
or cooperative parties will be included as subsequent Attachments and shall require mandatory compliance.
17. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At
the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory
evidence of freedom from liens shall be delivered to the City.
18. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement
shall lie in Williamson County.
19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered
an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'
Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from
time to time may have in force and effect.
PART 1I1
SPECIFICATIONS
1. SCOPE: This specification describes a service to clean the interior and exterior of vehicles owned by the
City of Round Rock. Services shall include washing, rinsing, wiping off exterior, cleaning windows inside
and outside, vacuuming and deodorizing interior and cleaning tires. Detail services shall include, but not
limited to the addition of spot treating, shampooing, steam cleaning carpet and upholstery, and scrubbing
vinyl interior.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance
criteria of the cleaning service as well as certain details to which the successful bidder shall conform.
Bidders shall be responsible for fumishing all labor, material and equipment necessary to clean vehicles to
meet or exceeds all of the requirements as set forth herein.
3. BIDDER QUALIFICATIONS: The opening of a bid shall not be construed as the City's acceptance of such
bidder as qualified and responsible. Alt bidders shall:
3.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of
commodity or provision of the services as specified herein.
3.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
3.3. Furnish the following information with their bid submittal:
3.3.1.
3.3.2.
3.3.3.
Location of facility(ies).
Cleaning process used.
Type of equipment used.
3.4. Provide references to include the name, address, telephone number and point of contract of at
least three entities for which the bidder has preformed similar service and or utilized the exact
technology within the past three years. Any negative responses received may result in
disqualification of bid.
3.5. Identify any subcontractors to be used for this project. Experience, qualifications and references of
the subcontractors shall be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
Page 4 of 7
SPECIFICATION NO.
01-962-13-02
REVISED: NOV. 2007
4. SERVICE REQUIREMENTS: Vendor shall:
4.1. Have at least one facility available within the Round Rock city limits and shall be open for business
a minimum of five days during the week from 8:OOam through 6:OOpm.
4.2. Have a minimum of one English-speaking employee on the job at all times.
4.3. Be responsible and liable for damage to City vehicles caused by the fault and/or
negligence of the vendor
4.4. Provide a receipt for each vehicle washed.
5. STANDARD WASH: Shall include, but not limited to the following:
5.1. Wash the outside of the vehicle, rinse, and wipe off.
5.2. Vacuum the inside of the vehicle.
5.3. Clean windows inside and outside.
5.4. Apply tire protectant to all tires.
5.5. Deodorize interior
6. DETAIL WASH: Vendor shall detail vehicle only when requested by Agreement Administrator. Detail shall
include the following at a minimum:
6.1. Wash the outside of the vehicle, rinse, and wipe off.
6.2. Vacuum the inside of the vehicle.
6.3. Clean windows inside and outside.
6.4. Apply tire protectant to all tires.
6.5. Deodorize interior
6.6. Shampoo and/or steam clean carpet
6.7. Apply stain remover on tuff carpet stains.
6.8. Shampoo and/or steam -clean upholstery.
6.9. Apply stain remover on tuff upholstery stains
6.10. Scrub vinyl interior
7. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum
or maximum purchase is made or implied. The City will only order the services needed to satisfy operating
requirements, which may be more or less than indicated.
8. AGREEMENT ADMINISTRATOR: All work performed under this contract will be supervised and verified by
the City representative(s) noted below.
Primary Contact -Joe Rendon, Vehicle Maintenance at 512 218-5571
Jennifer Soto, Police Department at 512-218-6675
Karen Johnson, Fire Department at 512-218-3203
PART IV
SERVICE, ACCEPTANCE AND PAYMENT
1. ACCEPTANCE: Acceptance inspection should not take more than one working day. The vendor will be
notified within this period if the unit serviced is not in full compliance with the specifications. If any purchase
order is canceled for non-acceptance, the needed service may be purchased elsewhere and the vendor
may be charged full increase, if any, in cost and handling.
2. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to the
following address:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, TX78664-5299
Page 5 of 7
SPECIFICATION NO.
01-962-13-02
REVISED: NOV. 2007
3. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies,
materials, equipment, or the day on which the performance of services was completed or the day on which
the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later.
The Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for
payments not made in accordance with this prompt payment policy; however, this policy does not apply to
payments made by the City in the event:
3.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be late; or
3.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
3.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor
and its suppliers conceming supplies, material, or equipment delivered or the services performed
which caused the payment to be late; or
3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase
order or agreement or other such contractual agreement.
4. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with
this agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 et seq., and
which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq.
Page 6 of 7
CLEANING SERVICE QUESTIONAIRE
Please Complete and Return This Form with the Solicitation Response
Bidder Name
SPECIFICATION NO.
01-962-13-02
REVISED: NOV. 2007
Phone No.
Contact Fax No.
Name and address of facility(ies)
Type of Equipment Brushless, Brush and/or Hand Wash (explain process and equip)
Provide the name, address, telephone number and point of contract of at least three firms that have
utilized similar service for at least 2 year. References may be checked prior to award. Any negative
responses received may result in disqualification of bid.
1. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Fax Number
Fax Number (
Fax Number (
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION OF AWARD.
7 of 7
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION. FREIGHT PREPAID AND
ALLOWED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
Vendor location
/001 G /'AI'* 14II Q/4
A„ 4o0 , TX -)860
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BID OPENING DATE 1
BID NUMBER IN LOWER LEFT
HAND CORNER OF SEALED BID
ENVELOPE & SNOW RETURN
ADDRESS OF BIDDING FIRM.
BIDDING INFORMATION:
Vehilce Cleaning Service
BID NUMBER 08-018 REBID
OPENING DATE: 1/8/2008 at 3:00 P.M.
BID LOCATION:
221 E. Main Street, Council
Chambers, Round Rock, TX 778664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
'ODDER SHALL SIGN BELOW
Failure to sign bld . ' Is
Hos
Authonz IgnatureDate
AA 7 14 4.7f
Print Name
See 1.7 of Bidding Instructions on page 3
(/
TAX ID NO.: '71 - 239 7++0''/ 0
The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is made or
implied. The City will only order the amount needed to satisfy operating requirements.
/� 1
LEGAL BUSINESS NAME: '%I L LA WA S I, L r akK t WGII 7706
1
ADDRESS: / 3S VA,; ✓ L4.(/4O . k
ADDRESS: -'1-S..w.♦%y %
�O 2 f q
CONTACT: 6Ar' y S17.#4- ec1L
TELEPHONE NO.: 2/ b • 4/V?- 8t Z ed- Zl Z
BUSINESS ENTITY TYPE L/3
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, 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 bid made to any competitor or any other person engaged in such line of business."
Bidder agrees to comply with all conditions set forth in this IFB.
This is for a five year agreement with two 12 -month renewal options for Vehicle Cleaning Services in accordance with Specification
No. 01-962-13-02, revised 12-2007 (7 pgs)
The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is made or
implied. The City will only order the amount needed to satisfy operating requirements.
BID SHEET
ITEM #
DESCRIPTION
QTY
UNIT
UNIT
PRICE
EXTENSION
1
Standard Vehicle Cleaning
1,800
7. L $
7. 2 S
2
Detail Vehicle Cleaning
10
to O) _ get
/09 9 9
GRAND TOTAL
DELIVERY IN DAYS
1 of 2
CLEANING SERVICE QUESTIONAIRE
Please Complete and Return This Form with the Solicitation Response
Bidder Name Wei sit %v.4 (4i Wa.iL
Contact
Vary Jt.vtitJ)-
SPECIFICATION NO.
01-962-13-02
REVISED: DEC. 2007
Phone No. 2/0- W- - UGW
Fax No. al " y93-.Cgd f
Name and address of facility(ies) 06,4 l oh /I 0 / jT //.— 24
/.32L fie. v..a 20,p44
Type of Equipment Brushless, Brush and/or Hand Wash (explain process and equip)
Provide the name, address, telephone number and point of contract of at least three firms that have
utilized similar service for at least 2 year. References may be checked prior to award. Any negative
responses received may result in disqualification of bid.
AMt.or,
1. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
fJ. u[c lZ..,S/7�ty/cr
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9Y1 /Oral D..
,11-4.,.‘, 7X
(2/o )990.7700
Al* r4-1- A.k' Ly ►l,
/r) crlc 60 Mt
Fax Number (X/e
) f94- 3 903
&M
�-/b doe-A✓t
Doe—.4 7( 2100,
(moo ) or -fool.
Fax Number
)'(3 y. �..
I0JA, NFt y 1 /
fit
Z119 A/ 4//o
(a/o ) lof9- Lico
Fax Number ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION OF AWARD.
7of7