HomeMy WebLinkAboutResolution - 2022-R0279 - Contract 16539 - 06/14/2022Resolution No. 2022-RO279
City of Lubbock, TX
Contract for ,
Coaft
_ .
HIS CONTRACT made and entered into this 1 t day of uae 02. byf and between the
City of Lubbock ("City"), and Cth,'ft bs Toi wih , ("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 TowlnL, Services r
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:
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 okpnofI year Vnth the Caption of two (2);_c TII syoar i tBlisiiflts, f
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-
S. 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 ingnrsnce rPnJTimmPntc of thk QPrtinn ii„rinrr
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 types) and
amount(s):
CE
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
$2,0001000
$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
All i'm
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;
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.
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.
I I. 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
e e a e o erm�na on.
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 ternns 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
a overnmen
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.
A TTT
Rebecca Garza, City Seciretary
AS TO CONTENT:
Dominic Esperat, Director
PLeis
EpS TO FORM:
.. / NJ/& &
ure, Assistant City Attorney
CONT
BY
uthorized Representative
Print Name
1
Address
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).
Contractors 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.
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.
Re uirements•
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 Re nests for Towinjj 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.
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 C on rarct Management
Vendor Acknowledgement Form
In compliance with the Invitation to Did, the undersigned Bidder having examined tiaei hesitation tea laid,
instructions to bidders, General Conditions of the. Agreement, Specifications, :and being familiar with the
conditions to be area, hereby submits the following bid for furnishing the ruaterial, cglnpinely. labor and
everything necessary for providing the iterns listed and agrees to deliver scald items at the locations kind for the
prices set forth on the bid form and/or the hid to blc assc Cored with this bid.
A bid will be subject to being considered irregular and may %l rejected if it shows ornissions, alterations of
form, conditional alter tatc �idi, additiow, or alternates in lieu of the her s specified, if the twit prices are
obviously unbalanced (either in excess ofor Below r-casc nably, expe tetf values), or irr°c ularitics of any kind,
The Invitation. to Bid is by reference incorporaatcd In this contract -
Where applicable, prices rare.' quoted as: F.O.B. Destination, Freight re -Paid and Allowed
Where applicable, delivery days arc: Days After ecei of Order ( O
t as t id -fl er• item-b tjtee or on an all -Or -
none basis for any item or gr oul! rrf items sho °n an the Bide
The City° of Lubbock is seeking a contract for with one or more contractors. In or der to assure adequate
coverage, the City treaty° retake multiple awards, selecting multiple vendar-s to pro ici the products
desired, if multiple awards are in the best interest of the C lty� A decision to make at multiple award of
this Biel, however, is an option reserved by they City. leased oil the creeds of they C.`ity.
PAYMENT T RMS AND DISCOUNTS - Bidder offersa prompt payment discount of tact
calendar days. D scounts will neat be cover ideiW in detennining low bid_ (;tales othkev visc indicated
on the did I orraa, payment tones will be NT THIRTY DAYS, YS, The City will pay the stucds,sful bidder Aithin
thirty clays after- the receipt of a correct invoice or rafter the dnte 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 ol calendar days aafte€tiac €fate: € f rec Opt by the City` ofa
correct invoice or after the: date of acceptance that mects contract r-e€Ittii-FM lleflts, t0liCh, =Vet cvcta6 €aeetrN €atCr.
Discounts for payment in less than testa drays will not he conaidesred.
NIOS`I' FAVORED PRICING: 'I he Bidder cc�a`tilies cleat the PFicC c l!Otcd is tacit i€a t XCesS to ' tlac lOW cst price
charged ed anyone else, irtclerdin its mosr favor d cut .4ea:aler, or ii1. r quality and quantity of the
prod€actstsen-ices, does not iarcicrde are clement €af' proth on the sale in c° ce—,N ot'tlaat aaonmdl\ obtained by the
Bidder on the sale of produc°ts?>er4 ice s of lips quality and quantity; and doe-., not include �zaav DNA iSior= for
disccabaaats to selling agents_ ifat any three' during ties= coni aci period, th supplicr �1io rldl s;wll or offer fear sale
to idly rather customer, an tat: uai or I ss gvantit ` o ` in-,_,iti r £ ontra d il'OdWAs ::( 1 e € r quzk,;tt, ,ui ra lower
net price(s) than provided herein. itipplier agrees to no fy the City acid sawn sa €aaa product(s) it tile lower
price(s) can all deliveries made during the period in which such lower p.°ic (�(s) li effectivke .
INTFRLOCAL- I'URC°IfASINO (optional): The Ultv dc:sirc,s to oaarke alvailablc to other local �>�ovemnncrval
entities of tfic Stag' of Tcxa-s, by mutual ar";enicm i� ith the succcssflul bidder., and properly prwhoi-iled
MterloLal purchasing a re ements as provided f€ r by €la,." ltaterlcacal (.'ooaperaati€art Act (C hapt�r 701. GovernMent
Code), the right to purchase; dies saine services, al the pries quoted, lbr thperiod ofthis contract, Fach bidd r
shall indicate on the [did Fw-rn in the space provided below i"he. s1he wili honor Political Subdivisioaa orders
in addition to orders iiom tine City Of J_ubbock. Shcatrld tlEc;se o"Iner gove€-nmcntal ;rulde� da°Cidc to participate
in this contract, would you (the bidder) agree that <Fil t rr�a _ conditions. t;csccifi afions, and pricing would
ppiv?
Prima ReSnnses
. _ on;;'
Towing Services
vns Road MAWReMnuEquipment 12 EA $27500 63,300A0
mNe OWW" for more Uw 25 mN m oubkk of 1 Alik t 3-00 _ 13.00
Other governmental entities that Might have i€nlerests in this contract are Frenship Independent School
District, LubbockHousing Authority, Lubbock County, L bhock Count- Hospital District, Lubbock
Independent School District, South Plains Association of Governments. City 171`exr r a, Texas Tech
University, IvVest Texas Municipal Power Agency, Lynn nrn Cy.Ounty, and City ofwolfforth,
YES No ,
» If you (the bidder) checked YS; the following �rvial apply:
Governmental entities, utilizing Interlocal Agreements fOr C:`a,cff I�rtative LIrQ ki i g, with the City o
Lubbock will be eligible, but €got obligated, to purchase treater alsf servic es under the contraac (s)
awarded as a result of this soliell ation- All l�tarchases by governmental entities other than the City of
l.tibbock «will be billed directly to thas goveratma vial entity and paid by ihat gover€unemal rttit) Cil
of Lubbock will not be responsible for another g0verninental entity's, debts- Each gA ei-n nnernta€l c1litity
will order their own material service as rneec d,
Bidder ackoowled es receipt of addenda issraed in regard %) this solicitation.—
Addend;a No.
Date
Addenda No,
Date
Addenda No.
Date
Addernda No,
Date
INSURANCE REQUIREMENTS
1, the undersigned Bidder certify that the insurance re quirertnems contained in this bid docarna;c nt have been
r,e icwvd by me and my Insurance A ctur'Broker, If I arnn awarded this corntt-kact by the City ofIWrtbbock, i will
he able to, )'-ithin tern (10) business days after honing notifiedof such a - ward by the City €aE l�al�haacka furnish it
valid insurance certificate to the City nnlcctirng all of the =-equirements defined in this bid:
If the time requirement s eeificd above is 001 1110t. the CiTy has tha right to re'ice[ dhis prang€nsral arid -Va card the
contract to another contractor. if you have rarnv quesdo ns cony:emin$,r thee rfquireme nts, lease c=a�ratract the
Director of Purchasing & Contrand Matn tmc€nt for tlw City of [,ub ock at (806) 715-2572.
SU'SP NSIO NDI)t-BAR�IIEN-I'C'ERI-11,.'[(,A'I'ION
Federal 1_aNs (A-102 Coo on Rule and OMB Circular A- I t _) prohibits non -Federal eFntitic s €iom contracting
Nvith or making sub -awards under covered trarnsrauticrats €c parties that afe s€as crnded or debarred or whose
principals arc suspended or debarred. Covered include procurernncnt contracts for goods or
services equal to or in excess of S=?5,000 and all trzarasraa;tlo ns, (C.g., sub -awards to sub -
recipients).
Contractors rcceiving individual awards of _25,0 or nna nE:: Eaatt all sub-n°ecilaiennts ttnnast tlaiat tilcir
organization and its principals are not sus e.ndcd or debarred �y a Federal agency,
efore are award of $25,000 or ra`orc can be madc to your tinn, you must certift- that your € gpinization and
its principals are not suspended or debarred by a 1'c;de ai sa
1, the undersigned went for the firm married bclo,, , ceriif %- =hat neither this firrn nor its prin ifrals are suspended
or dcbairred by a Federal agency.
TEXAS GOVERN ME IN TCODE S ;C TICI 22152.1152
The undersigned representati-ve of the unde si€ n d company any° or business,. being an adult overt- the age of
eighteen (1 ) years of age, pttrsuaatt to Texas Government Cade, C`hapwr 2252_ Section `7252,1,5 2: certify that
the company named above is not listed op the website of the Comptroller of the State of Texas concerninly the
listing of companies that are identified cinder Section 806,051. Section 7.t S i orSection 22S3.1i1, t farther
certify that should the above-natraed company% cmer into a contract that is on said lis ing of coaiptttties Oil the
website ofthe Comptrolict-ofthe State of Texas, whi�:h do basiness with lr'ao, Sudan or any Foreign Terrorist
Organization, I will irn ediateiy notify the t..'ity° of a-bbuck Purchasing and Contract f cptartmeot.
TEXAS GOVERNIMENTCODFACTION 227 .002
Company hereby certifies the. following-
1, Company does not boycott Israel: and
1 Company will not boycott Israel during the term of the co trac it
The following definitions sappy to this state sttattatc :
(1) "Boycott Israel" Yncans refusing to deal with, t;"I"#i'hiating husincss actl Ilk's =vidt, tat otherwise taking at.iv
Israel, or with a person or entity doing business in Israel or in at) Israeli-conirolled wt-riiory, but does not
include an action made for ordinary business pttrp€rsest said
(2) "Company" means an organization. association, corporation, parmershtp. Joint t,.orttaaae, limited
partnership. limited liability partnership, or lunited hability t;catrtptanys including ci wholly ownd s-u sidial-v.
maJority-owned subsidiary, parent €orrrp;any, or aff batc of those entitics or business associations that e xists
to rn ake a profit.
This Certification is required from a Company if the Company has I0 or more full-tirtac employces and
the contract for goods or services (which includes contracts forined through purchase orders) has a
value of $100,000 or more that is to be paid wholly or partly from public rands of the governmental
entity.
TEXAS GOVERNMENT CODE 2274
By entering into this Agreement, Contractor verifics that: (1) it does. not, sand will not for the duration of' tfae
contract, have a practice, policy, g tidanc,. of dircctire that disc -Hi tinates against a firearm cratity ctr
firearm trade association or (2) rite verification r��qpti d by Sttution 2274,002 ofth,-- Texas Government Code
does not apply to the contract.
It Contractor is a company with 10 oa More fill-titxac tartplo'yc''s and ifdik �greenlca ttt has a value cif at least
160,000 or more, Contractor verifies that, pursuant tea Iex&< C:go\tininctlt Cade °i)caPtCr 2274, it deans not
have a practice., policy, guidance;, or dircifivc tha€ Jlscrimr uates agaams a firefiraa entity or firearm trade
association: and will not discriminate during the lerin ofthe contract against Fa firearm entity or tiro°aria trade
association,
Contractor repres.-rtts and warrRrits, that° (1) it do0s Tiot, and will not for tile, duration of tit,- contract, boycott
energy companies or (2) the VCI-iktati€ n t' gUiared by Section 2274,002 of the Texas C of ernm,.n-a Cade doll s
not apply to the contract.
If Contractor is a company, with 10 or morc faali-time cmployccs and if this Agrcemont has a value of at l; ast
100,000 or snore. Contractor ten fies [fiat,. pt€t-sttaaaf tea TdXas Go erill-R tat Code C hapi r 2274q it clues not
boycott ciicrl-,,y companies; and will not boycott erwrgy companies during the teat[ of the A tecinent. This
verification is not required €'or an agreerne tit kvhc n-- a &,toy crnincntal entity date[ mines that those ric quir'eauents
are inconsistent witli the governmental entity's c€ nsbtutional or statutory dufie,, related to the issuance,
incurrence. or martagernent of debt obligations or the ckposit, c:rtstody?, Manzlg tat ttt, orrovvin t, or invcstment
of funds,
FEDERAL AND STATE SAFETY REGULATIONS
Contractor shall comply with all federal and state saiet.' r•eoulation including but 1101 limited to Ckcupational,
Safety and Health Administration (OSHA) and the Dep<ir tment of Workforce Development (DXVD)
regulations. This agreement includes incorporation of 1 ederal Transit Administration (FTA) Terins. The
preceding provisions include, in part, certain Standard Terins and Condition,; required by the Department of
Transportation (DOT), whether or not expressly set Furth in the preceding contract provisions. All contractual
provisions rt!quired by DOT, as set forth in FTA Circular 4220.IF, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding. all FTA mandated terms shall b4 deemed it) control in the
event of a conflict with other provisions contained in this a-greement. The Contra for shall not perform any
act, fail to perform anv act, or refuse to comply with any rcquests which M)uld cattsi Bus to be in 6olatiott
of the FTA terms and condititms.
All Environmental Protection Agency (FPA) rules and rcUulationS rmust bt followed by the C'0111ractur.
\lAs,rER AGREEMENT
� � �. �• . ...clap cr _ _ , [ e ,, °ntte , rates
Code (Highways), the Safe, A,t'countable, Flexible, Efficient Transportation Fqurnl .act- A Legacy for Users,
as amended by the SAFETEA-LU Technical Corrections Act of 2008, the Transportation Equity .Act for the
2lst Century, as amended, the National Capital '1 rtnsportation Act of 1969, as amended, the American
Recovery and Reinvestment Act of 2009, Pub. I.. I 1 1-5. February 17, 2009, or other Federal lags that FTA
administers.
tt[ti(ltl1" 'lTcltit' ;; ::a �� 1, -t t' a r- e• • n 7'
_-- _ �.. [ rat t r Ei'L"CC tti ;?I rig:
The Master Agreement can be found in its entirety on the Citt of Lubbock 4v;:bsite
INCOMPLETE INE'O UMATION
Failure to complete or provide any of the inforination requested in this Request for Proposai, iracludin�zi
references, andfor additional intorination as information as indicated, may result; in disqualificatiol[ bN
reason of "non -responsiveness
CONTRACTOR ACICNOWLEDGEMENT
In compliance with this solicitation, the undersigned bidder, hazing examined the bid documents,
instructions to bidders, documents associated ►.ith the invitation to bid, and being familiar ..1th 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
SUBMISSION INFORMATION
An €€1k111;11ual :Il thorizi:d ls? bm,'. th
11011€o€I 111.11L €CS1111 III h1d rtit'�t:i111.
THIS BID IS SUBMITTED BY
lA.hs !LiH
corporation organized under the laws of the State of ! i or a Irannership consisting of
i or individual tradinu as _.-- —`'t'
the City of t51 � r-
"lax ID No.: q7" q($$'j;0
Address:' 301 5 f
City: Lv bboc k rip:_ " 7�'�a3
NI/WBE Finn: Woman I I3I: A :Anwrican
I liNpanic ,Xincricari I I :t:Uw Pa.ific .lnao=r• can
.Mtiw Anle, iCaJ l
01 tier sSnee it: i
7 ePlease complete the information bolo...
B3' -- Da .e:
Authori_ed Repreaentutity - nritst ci n h: hand //
Officer Name and Title- �d � t � LV Gil t� r
Business Telephone Number_ 80 925} - or3v�__. F'.��: $��o , 103.137.6
F-mail Address: �JG.� ����� er. y-�-rd/IS�iO����tea/•CD.+1
Resolution No. 2022-RO279
Item No. 6.22
June 14, 2022
RESOLUTIOI®i
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.
June 14, 2022
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
'l�
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
e i Leisure, Assistant City Attorney
ccdocs/RES.ServiceConftct 16539 SP Towing- Towing Services for Meet
5.26.22