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HomeMy WebLinkAboutResolution - 2022-R0279 - Contract 16539 with South Plains Towing 6.14.22Resolution No. 2022-RO279 Item No. 6.22 June 14, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Service Contract No. 16539 for towing services for fleet as per ITB 22-16539-SB, by and between the City of Lubbock and South Plains Towing of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: I Rebecca Garza, City SecretCy APPROVED AS TO CONTENT: 9/'Oe Erik Rejino, Assistant City Manager APPROVED AS TO FORM: hzhl�j' e i Leisure, Assistant City Attorney June 14, 2022 ccdocs/RES.ServiceContract 16539 SP Towing- Towing Services for Fleet 5.26.22 Resolution No. 2022-RO279 Contract 16539 City of Lubbock, TX Contract for Towing Services for Fleet THIS CONTRACT made and entered into this 14th day of .Tune , 2022, by and between the City of Lubbock ("City"), and South Plains Towing, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Towing Services for Fleet and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Towing Services for Fleet. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Towing Services for Fleet as primary contractor and more specifically referred to on the Bid Form submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The contract shall be for a term of one (1) year, with the option of two (2), one year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 4. Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City Council date of formal approval. The rate may be adjusted upward or downward at this time at a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price Index (PPI), which ever is most appropriate for the specific contract for the previous 12-months at the City's discretion, the effective change rate shall be based on either the local or national index average rage for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 5. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 6. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 7. Insurance Requirements SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE OF INSURANCE GENERAL LIABILITY Aggregate $2,000,000 Occurrence $1,000,000 Can be combined with an Excess Liability to meet requirement AUTOMOTIVE LIABILITY Occurrence $1,000,000 PROFESSIONAL LIABILITY Aggregate $2,000,000 Occurrence $1,000,000 CARRIER CARGO LIABILITY Motor Carrier Cargo Insurance is required for this project and must cover, at minimum, the value of the full load that is being hauled. GARAGEKEEPERS LEGAL LIABILITY Per Location, at least $1,000,000 WORKERS COMPENSATION and EMPLOYER LIABILITY Statutory If the vendor is an independent contractor with no employees and exempt from Workers Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include driver's license. OTHER: COPIES OF ENDORSEMENTS ARE REQUIRED City of Lubbock named as additional insured on all Liability on a primary and non-contributory basis except Professional Liability and Workers Comp Waiver of subrogation in favor of the City of Lubbock To include products of completed operations endorsement Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment Carriers must meet AM Best rating of A- or better IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1314 Avenue K, 9th Floor Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 9. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 10. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 11. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 12. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 14. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such term in Section 2252.151, Texas Government Code. 15. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 16. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 17. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. 18. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. 19. The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 20. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. 21. This Contract consists of the following documents set forth herein; Invitation to Bid No. 22- 16496-SB, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. C?TY O ADIT: v Rebecca Garza, City Secretary APPR VED AS TO CONTENT: . ' .& IQ Dominic Esperat, Director Fl t Services P VED S TO FORM: lli Leisure, Assistant City Attorney zed Representative AV1, Print Name 301 Address L,,1t64,7-y 7�l 03 City, State, Zip Code City of Lubbock, TX Purchasing and Contract Management ITB 22-16539-SB Towing Services General Requirements Introduction and Intent The City of Lubbock hereinafter referred to the ("City") is issuing this Invitation to Bid for towing services. The intent of this bid is to establish one (1) or multiple contracts for provision of on -call towing services for City owned vehicles or equipment. There is no guarantee to Contractors (s) of any specific minimum order amounts under the awarded contract. Work will be requested on an as needed basis under the terms and conditions established under this ITB throughout the term of the contract. Towing services will be for, but not limited to: a) The Contractor must be able to respond "upon request" for towing services twenty-four (24) hours a day (7) days a week, three -hundred -sixty-five (365) days a year (including holidays). In addition, the successful Contractor(s) must have covered telephone services twenty-four (24) hours per day, seven (7) days per week, and three hundred -sixty-five (365) days a year, to receive towing calls from the City personnel. b) The Contractor will retrieve the vehicle or equipment from breakdown location and tow the units to the Fleet maintenance facility or to a specified vendor for repair, unless otherwise specified. The Contractor will be responsible for any work required to render the disabled vehicle or equipment for towing such as retrieval, uprighting, removal or parts, et cetera. In addition, the Contractor shall be responsible for the removal of any debris including, but not limited to, glass and other items at the site requiring towing. c) Requested tows are primarily within a thirty (30) mile radius of primary facility, but may on occasion be outside the thirty (30) mile radius d) The Contractor shall have and maintain appropriate insurance to cover any damage done to any vehicle or equipment being towed under this contract by whatever means. This shall include any damage done during retrieval, hauling/ towing and disconnection or unloading or any other means. e) The Contractor shall provide City personnel with a signed, legible copy of the tow trip tick prior to departing from the drop off location. The tow tick will indicate the following information. • The location of the hook up and the drop off point • The date of the tow • License number • Start time and finish time of the tow • The hours charged • The rate charged per hour • The total price Estimated Usage There is no guarantee to the Contractor of any specific or minimum order amounts under the awarded contract(s). Contractor's Duties and Responsibilities The work covered by this bid consists of, but not limited to, towing services for disabled City -owned vehicles or equipment identified by designated City personnel. The disabled vehicles or equipment will range from light duty vehicles and will include Class 6 up to Class 8, including but not limited to cars, trucks, SUV's vans, tractors trailers, including vehicles with or without trailers or other equipment and vehicles that may be unloaded or loaded with materials and/or equipment. The towing contract will also include construction equipment such as bulldozers, backhoes, tractors, etc. The Contractor shall provide tow vehicles capable of towing light duty vehicles up to one ton and heavy- duty vehicles and equipment (from 19,501 lbs. to 33,001 lbs. gross vehicle weight and greater). The Contractor will be notified of the approximate location of the vehicle or equipment type including make, model, color, and if possible the vehicle license plate number. Towed vehicles or equipment shall be moved to the City's Fleet Department, unless another location is specified. (a) The Contractor will be required to cooperate with designated City personnel and to follow the instructions. Contractor's towing vehicles shall be able to tow using the method or other methods that are standards of the industry. (b) All Contractors bidding must have been in business for at least three years and meet all Federal, State and City laws, ordinances, licensing, and regulations relating to the wrecker service business. Requirements: Federal Occupational Safety and Health Act: The Contractor agrees to comply with the conditions of the Federal Occupational Safety and Health Act of 1970, the Texas Industrial Safety and Health Act of 1970, and the standards and regulations issued thereunder, and certify that all items furnished or used under the order will conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless the City of Lubbock and its employees from damages assessed as a result of Contractor's failure to comply with the Acts and the standards issued thereunder and for the failure of the items furnished under this order to so comply. (a) Contractor further agrees to indemnify and hold the City and its officers and employees harmless from any liability to the owner of the vehicle or equipment towed, Contractor's employees, and all other persons for any loss, costs, or injuries to persons or property resulting from the acts or omissions of Contractor or its agents. Contractor shall pay all damages to vehicles or equipment entrusted to its custody as the result of its negligence. (b) The Contractor is responsible for the hiring and training of qualified personnel. Contractor is responsible for maintaining and staffing the auto pound with sufficient personnel to ensure its efficient operation. The Contractor remains responsible for the conduct and actions of each of its employees. (c) Contractor's employees or representatives are prohibited from consuming any alcoholic beverages, using illicit drugs, or carrying/possessing any firearm or weapons in the tow truck or on City property. Response to Requests for Towing Service The appropriate response time within Lubbock County is to be within one hour after service requested. If Contractor fails to arrive within the prescribed time, if necessary, another towing service may be contacted by the City and neither the City nor any of its officers or employees shall be liable for any fee, cost or expense incurred in such a situation. Failure to respond in a timely manner, as indicated above, more than three times in a thirty (30) day period shall be grounds for terminating this agreement. Type of Equipment Compaction Equipment to include but not limited to Static Compactors and Vibratory Compactors. Earthmoving Equipment to include but not limited to Articulated 4WD Loaders; Crawler Loaders; Crawler Tractors; Graders; Hydraulic Excavators; Scrapers; Skid Steer Loaders; Tractor Loader Backhoes; Tractor Loaders; Trenchers; and Wheel Dozers. Lifting & Material Handling Equipment to include but not limited to Aerial Lifts; Cranes and Forklifts. Road Maintenance Equipment to include but not limited to Asphalt Pavers; Hydraulic Breakers; Pavement Brooms; Pavement Millers; Reclaimers/Stabilizers; Road Wideners; and Concrete Cutters Minimum Requirements on Towing Equipment Contractor covenants that it has at the time this contract is executed and will maintain during the entire duration of this contract the following: The Contractor must have a sufficient tow truck to handle the call in time prescribed. Contractors tow truck must meet all Federal, State and City laws, ordinances, licensing, and regulations relating to the wrecker service business. (a) The tow -truck must be equipped with a dolly and a flashing light as well as the necessary equipment to clean possible debris from the ground, roadway, etc. and maintain safety at the tow scene, including a heavy duty push broom, dust pan or shovel, and flares. All towing equipment shall be maintained in good working order. The Contractor must be capable of towing all equipment owned by the City for any awarded class. (b) Any tow -truck to be used in performance of this contract shall be equipped with two-way communication. A communication device shall be maintained in operable condition at all times. City of Lubbock, TX Purchasing and Contract Management Vendor Acknowledgement Form In compliance with the Invitation to Bid, the undersigned Bidder having examined the Invitation to Bid, instructions to bidders, General Conditions of the Agreement, Specifications, and being familiar with the conditions to be met, hereby submits the following bid for furnishing the material, equipment, labor and everything necessary for providing the items listed and agrees to deliver said items at the locations and for the prices set forth on the bid form and/or the bid table associated with this bid. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid is by reference incorporated in this contract. Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre -Paid and Allowed Where applicable, delivery days arc: Days After Receipt of Order (ARO) Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or - none basis for any item or group of items shown on the bid. The City of Lubbock is seeking a contract for with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of °/o, net calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored customer, for like quality and quantity of the products/services, does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code). the right to purchase the same services, at the prices quoted, for the period ofthis contract. Each bidder shall indicate on the Bid Form in the space provided below if heishe will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms. conditions, specifications, and pricing would apply? Primary Responses Success: All data Is validl Towing Services Success: All values provided Success: All values provided Success: All values provided Success: All values provided Success: All values provided Success: All values provided Success: All values provided Bid Bid Bid Bid Bid Bid Bid #1-1 #1-2 #1.3 #1.4 #1-5 #1-6 #1.7 Light Duty Vehicles including Cars, Trucks S SUV's up to one ton Class 6-7-819,501 Ibs - 33,001 Ibs and over Compaction Equipment Earthmoving Equipment Liking & Material Handling Equipment Road Maintenance Equipment Per mile charge for more than 25 miles outside of city limits 250 250 12 12 s 12 1 EA EA EA EA EA F-A M,:e $75,00 $ 225.00 $ 275.00 $ 275.00 $275.00 $ 275.00 5 3 00 $ 18.750.00 $ 56,250.00 $ 3,300.00 $ 3.300.00 E 1,650,00 8 3,300.00 il.Olt Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO If you (the bidder) checked YES, the following will apply: Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/senice as needed. ADDENDA Bidder acknowledges receipt of addenda issued in regard to this solicitation: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date INSURANCE REQUIREMENTS I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A -I 10) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of S25,000 and all non -procurement transactions (e.g., sub -awards to sub - recipients). Contractors receiving individual awards of S25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. 1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051. Section 807.051 or Section 2253.153.1 further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran. Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. The following definitions apply to this state statute: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This Certification is required from a Company if the Company has 10 or more full-time employees and the contract for goods or services (which includes contracts formed through purchase orders) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. TEXAS GOVERNMENT CODE 2274 By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least S100,000 or more, Contractor verities that, pursuant to Texas Government Code Chapter 2274. it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Contractor represents and warrants that: (I ) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least S100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. FEDERAL AND STATE SAFETY REGULATIONS Contractor shall comply with all federal and state safety regulation including but not limited to Occupational, Safety and Health Administration (OSHA) and the Department of Workforce Development (DWD) regulations. This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Tetras and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contactor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Bus to be in violation of the FTA terms and conditions. All Environmental Protection Agency (EPA) nrles and regulations must be followed by the Contractor. MASTER AGREEMENT For Federal Transit Administration Agreements authorized by 49 U.S.C. chapter 53, Title 23, United States Code (Highways), the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, as amended by the SAFETEA-LU Technical Corrections Act of 2008, the Transportation Equity Act for the 21st Century, as amended, the National Capital Transportation Act of 1969, as amended, the American Recovery and Reinvestment Act of 2009, Pub. L. 11 1-5. February 17, 2009, or other Federal laws that FTA administers. https:/rw,,%-%v.transit.dot.gov/fundinv,<<Trantee-resource 'sample-fta-iigeements,'fta-Brant-aareetnents The Master Agreement can be found in its entirety on the City of Lubbock website ,,\'"'w.ci.lubbock.tXAN INCOMPLETE INFORMATION Failure to complete or provide any of the information requested in this Request for Proposal, including references, and/or additional information as information as indicated, may results in disqualification by reason of "non -responsiveness". CONTRACTOR ACKNOWLEDGEMENT In compliance with this solicitation, the undersigned bidder, having examined the bid documents, instructions to bidders, documents associated with the invitation to bid, and being familiar with the conditions to be met has reviewed the above information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 • Federal and State Regulations • Master Agreement SUBMISSION INFORMATION An individual authorized to bind the company must slim the fullo%N img :,ectjon. Failure to execute this portion may result in bid rejection. THIS BID IS SUBMITTED BY JOVTL P I a►, 0 5 / Ou11 N " � corporation organized under the laws of the State of / L Xut S J . or a partnership consisting of /' or individual trading as the City of Lu 6boc Tax ID No.: q1- q(&8&`j V e2 Address: 301 1� ►S k,* K t 54" �• , I City: Cv d boc h Statc: / X Zip: �Q7 3 .N1/WBE Firm: Woman I I Black American Native American Hispanic American I I Asian Pacific American Other (Specify) 17 ePlease complete the information below. By Date: O'loZ Authori=ed Representative - must sign by hand Officer Name and Title: ba V t j C V (' 1-4 t L 01-i Business Telephone Number b0 L ` 99) - 0CMCj FAX: - �03 %37b F-mail Address:o.�-�,e[to.h of CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-891666 South Plains Towing Lubbock, TX United States Date Filed: 05/26/2022 2 Name of governmental entity or state agency that is a parry to the contract for which the form is being filed. City of Lubbock, TX Date Acknowledged: 05/26/2022 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. 16539 Towing Services for Fleet 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Luckie, David Lubbock, TX 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 V1.1.191b5cdc CERTIRCATE OF INTERESTED PARTIES - r- complete Nos. 1- 4 and 6 if there are interest parties, OF-F-ICE USE ONLY Complete Nos. li 2. 3, 5, and 6 if there are no interested parbes+ CERTIFICATION OF FILING r11)Name of business entit tfiling fora, and the city, stata and oouretry of the business entity's place e�ifi to Numberf business. 0 - 916 6 outh Plains ToyAng Lubbock, TX United States Date Filed-. 2 Name f governmental entity or state agency that is a party to the contract for which the form i s 05/ / 0 22 be-Ing filed. City of Lubbock, TX Date Acknowledged Provide the identification number used by the governmental entity or Mate agency to track or identify the contract* and provide a description of the services, goods, or other property to be provided under the contr tlt. 16539 Towing SenAces for Fleet Nature of interest Name of Interested Parma City, Mate, Country (place of business) (check applicable) Controlling intermediary Luckie., David Lubbock, TX United States 5 Check only if there is NO Interested Rarer. 6 UNSWORN DE LARATI J My name 6 (Joe1173 rid r�rfef b�rtJ-� J My address i (street) (r-I ty) (state) (zip ) l declare under penalty of perjurer that the foregoing is true and correct_ Executed in County, State of on the day of (morgh) .20 6var) Signature of authorized agent of con tr aciti ng business entity (Declarant) Forms provided by Texas Ethics omm i ion www. th is . t t .t , u Version City of Lubbock ITB 22-16539-SB Towing Services for Fleet BID FORM South Plains Towing Lubbock Wrecker Service Lubbock, TX Lubbock, TX Total Cost $86,553.00 $135,154.25 Quantity Unit Total Unit Total # - Items -----y - - - -- :77- Required _ .. UOM -- Price _._•... Cost Price - Cost #1-1 Light Duty Vehicles including Cars, Trucks & SUV's up to one ton 250 EA $75 $18,750.00 $90 $22,500.00 #1-2 Class 6-7-8 19,501 lbs - 33,001 lbs and over 250 EA 225.00 56,250.00 375.00 93,750.00 #1-3 Compaction Equipment 12 EA 275.00 3,300.00 450.00 5,400.00 #14 Earthmoving Equipment 12 EA 275.00 3,300.00 450.00 5,400.00 #1-5 Lifting & Material Handling Equipment 6 EA 275.00 1,650.00 450.00 2,700.00 #1-6 Road Maintenance Equipment 12 EA 275.00 3,300.00 450.00 5,400.00 #1-7 Per mile charge for more than 25 miles outside of city limits 1 Mile 3.00 3.00 4.25 4.25