HomeMy WebLinkAboutResolution - 2022-R0279 - Service Contract No 16539 - 06/14/2022Resolution 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 June 14, 2022
ATTEST:
Rebecca Garza, City SecretHy
APPROVED AS TO CONTENT:
Ig I 001'e�
Erik Rejino, Assistant City Manager
'APPROVED AS TO FORM:
k
hl'd/1 An j -
e . i Leisure, Assistant City Attorney
ccdocsMS.ServiceContrad 16539 SP Towing- Towing Services for Fleet
5.26.22
CONTRACTOR ACKNOWLEDGEMENT
In compliance with this solicitation, the undersigned bidder, having examined the bid documents,
instructions to bidders, documents associated %,,ith the invitation to bid, and being familiar with the
conditions to be met has reviewed the abo-, a 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
SUBNMISSI€1\ INFORMATION
Atl llldi: IdL-ll ai:thofii«1 No.,. 111_ t°oi':11 mv, ..I, E:1,_
Pol,1101; Illalt rc:,ll11 Ill hid 1'c jic r.:3l1-
THIS BID IS SUBMITTED BY
corporation organized under the laws of the State of'_J CY,tI S or �� p�rlllcrSt�il� CisrlsrstlllZof
or individual tradim, as
the City of LV 6bor-
"I ix ID No.: q7" q(oS$`�
Address: 3a1 �rsk:Kr 54-
city: Lv bbock
Sta:c: / 7C lip: —7q 'T D 3
,11/1! tit✓ Hrrn: I Woman I I i3l-1 d-. Arwrl,�an
ilia -Panic 'wwrican I I A—lar. P�iJrti Am rican
Kalov Al-wricall
0111e1- ISnecit: I
Please complete the information below.
B� ----- -- - - Da.e:y�oZ
AuthorLed Repu-esentulive - tttust ciyrt h. hand
Officer Name and Title: b6v I j ��%G`t t a, ✓
Bmincss Telephone Number_ rVo G ` 02r5) 000!1 i-AV rb'lti - �137A
F-mail Address: �jQ•aT ��#arrig--rD�115�a��` Ito%Co.+•.
of
FEDERAL AND STATE SAFETY REGULATIONS
Contractor shall comply with all federal and state safer y regulation including but not limited 10 OCCupational..
Safety and Health Administration (OSHA) and the IDepwinlent of Workforce Development (DWD)
regulations, This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The
preceding provisions include; in part, cenain Standard Ternis and Conditions required by the Department of
Transportation (DOT), whether or not expressly set forth in [lie preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.IF, are hereby incorporated byreference.
Anything to the contrary herein notwithstanding. all FTA mandated terms shall be deemed to comrol in the
event of a conflict With other provisions contained in this agreement. The C'ontrawtor shall not perforin any
act, fail to perform any act, of refuse to comply with any requests which tt ould cause Bats to be in violation
of the FTA terms and conditions.
All Environirrenial Protection Agency (F A) ritIcs and reMllrla(rons t USI be foliotted by the C'ontractot.
MASTER AGREE N'IENT
For Federal Transit Administration Agreements authoriz,�d by 49 C .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`2005, the Transportation Equity Act for the:
21st Century, as amended, the rational Capital Transportation Act of 1969, as anic-nded. the American
Recovery and Reinvestment Act of 2009, Pub. L. I I 1-5. F ebl-uary 17, 2009, oi- ether federal laths that FTA
administers,
htt;__tt tt tt',trar]tiit.elctt. a)v'tttttett[�". Efti7Clt.' ! „+.t:l"E't �,z?1113: -tt i "t`r.�']i1 :il� It .':
The Master Agreement can be found in its entirety on tltc ('itt of Lubbock tt•Wbsite
INCOMPLETE INFORMATION
Failure to complete or provide any of'the information reyuesIM in this Request for Proposal, includinAly
references, andlor additional intbmtation as information cis indicated, may results in disqualification b",
reason of -'non-responsiveness".
TEXAS GOVERNMENT ODE SECTION 2252,15.2
The undersigned representative of the undersigned conipatay or h usiness, heing an adult o�et, ;iae agave of
eighteen (18) years of age, pursuant to TQY as Oowrturlem Code, Chapter 22152, Section 2252,152, certify that
the company named abode is not listed on the website of the. Comptroller of the Stag of Texas concerning the
Iisting ofcompanIes that. arc idelatified under Section 06,051. Section 07.051 or Sect ion ` 53� 15: , i further
certify that should the abode -named company enter into ai Cot tract that zs on said listir-a', of ccs,.aapatties oil tile
website of the Comptroller of the State of Texas, Nvhi;;tt do business with Iran. Sudan or any Foreign Torrorisl
Organization, I will immediately notify the City of Lubbock Purchasing sand {'o=AM t 3ep.4rt1tt,.W.
TEXAS G[)`ti-ER MENT('01& SECTION 2271,002
Company hereby certifies the following,
1. Company does not boycott Israel; and
2. Company will not boycott Ismael during the teat of the c°ontraact.
The following definitions .haply to this ;state statute:
1) `"Boycott steel" incans i'etislt7#g to deal with, t;'I°minattim, busincss with, of o lac iivist laki r" MY
action that is intended to penalize, inflict economic: lasso) on or limit c-aa:aanwrcNil telations speoificailly with
Israel, or with a person or entity doing business in Israel or in ao Rraaeli-��ontr'olled ILrrdor'y. but (Ines dloa
include an action made for ordinary business purposts,'aand
(2) 'T,'ompany" means an organization, also6 ation. Corporation, partnership, pint veaatui-Q, lilmiec
partnership! limited liability partnership, or liinitecl fiabitityd company, inciuding, a wholly owned soh;a i€ii ary.
miliority-owned subsidiary, parent company- cir affiliate of those ;-¢thins or husiness associations that exists
to lake a prorit,
This Certification is required from a t.-'aampanc if lite Company has i0 or more full-time cmpioyecs anti
the contract for goods or services (which hicl€advs contracts formed tbrotagh purchase orders) has a
Value of $100,000 or more that is to be paid «holly or partly from public funds of the governmental
entih,.
TEXI-XS GOVERNMENT CODE 2274
By entering into this Agreement, Contractor vcrities tl:aat: (1) a dog -s meat, :arts{ %6111 rant; fc',- else duration of tits:
contract, have a practice, policy, „ciidanc _ car clsrc ti a tia2t discri:asiaaatcs a aaiazst a f;rcaml entity or
firearm trade association or (2) the veri;icanoll rCgEaiwal by S,��aion 22174:002 nt'i o Texas Government Castle
does not apply it) the contract.
If Contractor is a c.omparty'ith 10 or more 1,01-time -I-np(we s and if tlai haa�- sa v alrsc of at least
S100,000 or more, Contractor !Gla.,7Lti ta.t, pti-�s $t1Cl°f1ci1 CJic C1la;li-274, t4 dJGti a;add have a practice, policy, guidance.. or directiv c that 'l-WFA O, as fircar m c°nwy or fireai-m trade
association, and will not discrimillaw duranor the torm o the i°ontraci ia4 aillst n fir'c,arm tmflti� or III-earm traldo
association,
Contractor repres;nts and warmits that- (1) it dons not, and will not for the dttvattion of tho con" ict. bc�yeott
energy companies or (2) the E erie€caation required by Seddon 2274. 02 of tlaa: Tcx_sa,� (jokk�rtni ont Code doc:
not apply to the contract.
If Contractor is at company with 10 or more full -lime cmploa c es and if dais Agreement has a value of at Ic ast
S100,000 or more. Contractor r,enfies that, ptarsnaani ter "Pamir- GoVerta9ttent Code Chapter 2274. it does not
boycott enemy companies; and will not boycott energy companics during, ihic tcrm of tfic A reen-font. This
verification is not required for an agreement when, it -Wseromcmal c;ramy determines that thcsc: requirements
are inconsistent with the governmental eraaitv`s constitutional or statot0J'V deeds, related is the issuance,
inCUrrenee, or management of debt obligations or tfre dq-x)s4, Custody, ll mnaaucmcn[_. ors -owing- or inksestment
of funds.
Other governmental entities that might have inicrests in this contract are Frenship Independent School
District, Lubbock Housing Authority, Lubbock County, Lubbock Count, Hospital District, Lubbock
Independent School District, South Plains Association of Governments, City of Texarkana, e-xas Tech
Univvrsity, West Texas :Municipal Power Agency, Lynn C'€ unty, and City of Wolfforth.
YES lit)
If you (the bidder) checked YES, the following will apply:
Governmental entities utilizing Inte;rlocal AgrLements for Cooperadvc Purchasing with the City of
Lubbock will be eligible, but no! obligated, to purc- a c: a naterials/sc;rvicQs ,Antler the coatract(s)
awarded as as resent of this solicitation, All purchases by govemaar mLal entities wher than t1w City of
Lubbock will be billed directly to that govcrr meral al dirtily and paid by Ilia! 0,1V
of Lubbock will not be responsible for another goo rnmenud entity's debts. I aah oovenimental etatity
will order their own lmaterialsr'serTiCc as needed.
Bidder acknowledges receipt ofaddenda issried W a'wg,:rrd to this Solicitation:
Addenda No,
Hate
Addenda No.
DateAddendallo.
_
_._ Date
Addenda No. f
Date
INSURANCE Ili°QUIR[3:1tf;NT
I; tire; amder�signed Bidder certify that the itaAaraiaace r cllaircraaeaats i:OIJ UN'.d in -khP, laid dOcallarefit I1a1Ve Neese
rcvWwcd by me and mN Insurance Agent/Brokm If I im awarded this cont?-act by tht: ol'Laabboc c. i will
Ire able to, within ten (10) business clays after lacing, notified of'such award hV tiro ("'tV of Lubbock, 1-61-11ish da
valid iraSUMICC eertifiCate to tlat City Meeting all of tine r-s:cluirer= eats d;°rmcdin tlds hid.
If the tine-ie requirement s ecificc above is iaot !not, 1110 ( ily has tire; ri"11! to rc,j t this prb pw_ id sand awird tfic
contract to another contractor. It you have any questions cfar; ea'1r11a.� lh st� pleosc Cowl-wr the
Director of Ptlrchasin- &. Contract Mana--!anon, ['Or !I-:.c City of t- lbboc as 7 ;_ 5_ '; 7%,
SUSPENSION AND
Federal La NN (A-102 Coa7111141n RUlc a ud OkkI3 Circtalaal, A_ 110) prohI'llits serer-Fcdcral c raiiaics finnan colin-actirry
ivith or making stab -awards under covercd tr.:ras:adlon." to that rare ti,Uipcmded or debarred or whose
principals arc suspended or debarred. Covi2;cki traan,action iyaclUdc cotrtrtiacts tbr goods, or
services equal to or in excess of S25,000 and .a' r�rta-pa'<ac�rrelaaelat trsarasaa�°tic3a2� to .��., titrl�-Gt���rar��a W 5ar11-
recipients).
Contractors receiving indkidual awards of `x_`5,000 of mole "inn adt must ccr"Eifv that thJ1'
organization and its principals aare not suspend---d or debarred by a tigc.nc y .
Before asr award of $25.1000 or more case be mead;: to your iirrn, yI;t1 rare.€tit CCf-lifV th It voter organi�xaatlun and
its principals are not suspended or debarred by a }°c:deg!w' Qagc:rc v.
[, the tandersi ned agent for the turn manned belc:m, cel"fl-v 111:at n—ilh r.this firm nor its principals are suspi nded
Or debarred by a Federal agency.
Primary Responses
Towing Services
#1-1
Light Duty Vd4d" Including Can, Truck* & 1
awe UP to Of ton
250
FA
$76.00
18.750,06
61-2
Clan li-7-8 19,501 bs 33,001 R4 WW Over
2W
EA
11 (Y)
SM250.00
Compaction Equlixnent I
12
FA
S M-00
4 3,.IW 00
Ear"W-Ving 'Equo-Wrt
12
EA
$27501)
$ 3,3W 00
LftQ & Material HmWUng Equipment
a
EA
$ 210 00
S IASO UO
11-8
Road Maintenance Equiimwa
12
EA
$276.00
$ 3,WOA0
111-7
Per tulle charge for nwe anon 25 rnkes outakia of
city limits
$300
S IDD
City of Lubbock,' `X
Purchasing and Contract Management
Vendor Acknowledgement Form
In compliance ,vith the Invitation to Bid, the, widwsi-nW .Bidder having e.xar ined the lvvita3ticc)n to Bid,
instructions to bidders, General Conditions of the Agreement, Specifications, and being fam liar ,with the
conditions to lie met, horeby submits the f0l.i0win2 bid for furnishing tilt' maticriaal, cquipinena= labor and
everything necessary for providing the itcins listed aslid agrc� a to tic liver, tlitl items in the loc aii+ins and for tits
prices set forth on the bid forrn a€nd!or the bid table associated with illis Laid,
A bid will be subject to being considered irregular a nd may bo rejected if ii shows ornission . alterations of
farm, conditional alternate bids, additions or alternaws in lieu of the items specified, if the unit prices Ure
Obviously unbalanced (either in excess of or b0low rims€ nably cxpcctcd valrlcs), or irregrrlaritics ofally kind,
The Invitation to Bid is by reference inc oi-p lrarted in dais contract.
Where applicable, prices ;are quoted as,, I.O.B. Destinations Freight Pre -Paid and Allowed
Where applicable, delivery days are: Days after Receipt of Order (A RO)
['mess otherwise specified herein, tine City° crtae ac���a�d the bid ci ber• item -by -item or on an all -or -
none basis for any item or group of items shown on the laid.
The City of Lubbock is seeking a contract for with one or nior e contractors. In order to assure adequate
coverage, the City° may snare multipie awards, selecting multiple i-eildo"i to prm ide the products
desired, if multiple awards are in the best intert°st of the City, A decision to make a multiple award of
this Bid, however, is an option reserved by the Caty, based oat the creeds of the City.
PAYMENT TFI2P+<'IS AND DISCOUNTS a Bidder oflt rs as prompt payment discount of
calendar days, Discounts will not he cousidcrQd :rt €ieternlining lo,wv hid, th lers €lt?tr rwise indicated
on the Bid Forrii, pay'rncut tcrms will be ?! FT "T`I-IIRTY DAYS. The Ccity wii, pity the suer csstirf bidder vvithin
thirty days after ills receipt of ai correct inx,oice or after the (ha e of alcce pta Lee, ev,-,nt occurs later.
Discounts for prompt payment requiring paNnleait by tire= City within a stipulated moiler of days Nvill be
interpreted as applying within the stipulatcd mlll)be ° of t, alai€d:ar days after ill ; dwe M receipt by ?lie City, of l
correct invoice or after the date ot'atcclitance slut rite Lis contract rcgL1iVCn1c111s. 101iCh vCr evcnt occurs later.
Discounts for payment in less than ren dalys will Ails he considered
MOST FAVORED PRICING: The Bidder ce°iifi s tlE.at =lit pr ico cnloied is not in ex ess oflbi lowest price
churgc€1 arly�orlc else, ilia lading its .€llost fatVOFIAI a:ustci=ller, for fa., gtaalit,and qu arltity of file
producusls-ervices: does not include all cl€ menl cif profit on ill; sale° sla cxc t,� ot'ilhrt lacrantaalyobtained Icy tllc
Bidder on the same of prOdcrcts serYi4es Of f ke qu ali�y arid quantity; aatid lose, iio-k ln,:ludt, Yiiiy provision. t'or
discounts to selling agents_ If at alit' time during tt.ie c�c,w act pericd, sire ;��ll�h(isr Shc�c ld . 11, €ir €af�f:'r t0l� stole
to any other custorner, ail i:qual ou less illaawtliy of contnict pro lr$6,k ,ya 11& or lw- t,. clIioli`y, at lokl,'°er
net price(s) than provided herein, supplier agrees to noiily thw City acid sill ssamproduct,,,) at the lower
price(s) can all deliveries made during the period ila tvi k:h stria lower pr•i€ c(s) is cffcctlivc.
INTFRL.QCAL PURC"IIASIN6 (optionall: The City desires to a iaake Eavaiiaable to ether local Aga -, claim atai
entitics of tlic .Matt; of Texas, by tttutual agr;,e nc H1 �i l0l, IhC suCc:r saftd bidd€ F, attic lirVP€ H€ % atuilioflzc
interl€ic;all purchasing agreeinents as provided for by th,: Inwrlo al C. oop€:rration Act C'llklpter 791 � Gov>~rrnuent
C"ode), tits right tea purcllai,c site salali sect ice at ill pa is5 CTu€t€ cl, icir tit period c.>ltii is e Clair; 4a; t. T;°�i; i hidd r
shaalI indicate ran the Bid Forin in the space: provided b6oN ; - tic rSlee wiII honor PO[itie:al Strb:iN ision orders
inaddition to orders from tic City of Lubbock. Sl:oaaid 111CSC 0111U g0e'0r11;7lc stall csatitie LhNidC W pal`tieipaw
in this contraict_ would you (tic bidd';r) agree thzlt F'-,U Conditions. speci lc a6ons, aiid pricing would
apply'
(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-Towin1l 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 Towin E ui ment
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.
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 bold 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.
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
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
CITY �F� C
ATT ST
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Dominic Esperat, Director Filet Services
EP S TO FORM:
Aiw6i
realliLeislure, Assistant City Attorney
CON
T
$Y
Authorized Representative
WOJ t ""t i fie,
Print Name
t`) t
Address
Z V-4b 6. 11-1 t
City, State, Zip Code
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.
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
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, 9" 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.
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
GENERAL LIABILITY Aggregate
Occurrence
Can be combined with an Excess Liability to meet requirement
AUTOMOTIVE LIABILITY
PROFESSIONAL LIABILITY
Occurrence
Aggregate
Occurrence
$2,000,000
$1,000,000
$1,000,000
$2,000,000
$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 roust 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
, Resolution No. 2022-RO279
City of Lubbock, TX CO
Contra t.fo
THIS CONTRACT made and entered into thr k)V&f and between the
City cif Lubbock („City„), and("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 o,
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