HomeMy WebLinkAboutResolution - 2023-R0162 - Contract 17161 with McWhorter's Tire & Service 3.21.23Resolution No. 2023-RO162
Item No. 6.17
March 21, 2023
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. 17161 for 24 Hour Emergency
Road Flat Tire Repair/Replacement as per RFP 23-16982-EG, by and between the City of
Lubbock and McWhorter's Tire and Service, 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
A"1""1"tJ5 l
ourtney Paz, In 'm C Secretary
APPROVED AS TO CONTENT:
4hk-kW-L9 W�
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
Mckri,lh 11 IOTI
A"
ALeisure, Senior Assistant City Attorney
ccdocs/RES.Contract-McWhorter's Tire and Service.
March 1, 2023
Resolution No. 2023-R0162
Contract 17161
City of Lubbock
RFP 23-16982-EG
24 Hour Emergency Road Flat Tire Repair/Replacement
Agreement
This Service Agreement (this "Agreement") is entered into as of the 21 day of March 2023
("Effective Date") by and between McWhorter's Tire and Service (the Contractor), and the City of
Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 23-16982-EG, 24 Hour Emergency
Road Flat Tire Repair/Replacement and
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide 24 Hour
Emergency Road Flat Tire Repair/Replacement, upon terms and conditions maintained in this
Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — General Requirements
3. Exhibit B — Best and Final Offer
4. Exhibit C — Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibit B and Exhibit C attached hereto.
Article 1
1.1 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. This Contract will renew automatically for the
additional terms, unless either Party gives 90-day written notice to terminate the Contract.
1.2 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.
1.3 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.
1.4 A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or
Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor, etc.
that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such
documentation to the City, and at the City's sole discretion, the contractual rate may be further
adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of
the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director
of Purchasing and Contract Management written, quarterly documentation to justify the ongoing
adjustment. If no such documentation is timely received, the rate will automatically revert to the
initial, awarded rate.
1.5 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.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 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.
2.10 The City reserves the right to exercise any right or remedy 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.
2.11 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 of insurance
from the Subcontractor that complies with all contract insurance requirements document, this
provision shall control.
2.12 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.
2.13 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
2.14 Texas Public Information Act. 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 contract 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.
2.15 No Boycott of Israel. 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.
2.16 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.
2.17 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.
2.18 Confidentiality. 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.
2.19 Indemnify. 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.
-----INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above written. Executed in triplicate.
CITY OF
Tray
A E
C74/i
Courtney Paz, Inte ' City ecretary
PROVED AS TO CONTEN
Dominic Esperat, Direc r of Fleet Operations
APPF,OVED AS TO FORM
�Y& *Inki�l
K lli Leisure, Senior Assistant City Attorney
�11TRACTOR
Authorized Representative
Print Name
Address
L'.U.,� I
City, State, Zip Code
Exhibit A
City of Lubbock, TX
RFP 23-16982-EG
24 Hour Emergency Road Side Flat Tire Repair/Replacement
GENERAL REQUIREMENTS
1. SCOPE OF WORK
This Request for Proposal is to provide 24 Hour Emergency Road Side Flat Tire Repair/Replacement for all
Group 1 and Group 2 (light to medium duty) Lubbock Police Department vehicles. There are two prices
associated with repairs for these vehicles. The "Tire Price" and the "Service Call Price." The tire price will
be based on a per tire basis and include all ancillary costs, while the Service call price will be charged on a
per unit basis for all completed calls at any time of day.
The Contractor should agree to stand ready to professionally and promptly respond to any and all after hours
road service, tire repair or replacement requests made by the City of Lubbock designee regardless of the
time of such request or the number of such requests.
The City of Lubbock is seeking a contract 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.
2. SPECIFICATIONS
LEVEL OF QUALITY
Tires must be manufacturer's brand. Private or associated brands are not acceptable.
FEDERAL SPECIFICATIONS
For each applicable category, all tires shall meet the performance requirements for the Federal Specifications
(F. S).
Passenger Tires - 60,000 miles Limited Warranty, All Season Tread (A/S), OR All Terrain Tread
(A/T), Standard Load Range, OEM Tires Only. National Name brand tires only. No retreads or used
tires will be accepted.
Light to Medium Truck tires - 50,000-mile Limited Warranty, All Season Tread, (H/T), All Terrain
Tread (A/T) or Aggressive Block Tread (M/T), With 3 Ply Side Wall Minimum. Load Range as Indicated,
OEM Tires Only.
This consists of all mounting. balancing. disposal. disposal fee. wheel weights. valve stems. etc, and
any applicable rebate for reusable fire casing. No additional costs associated with normal replacement
and/or installation will be approved
TIRE CASING
Any credit for a reusable tire casing must be listed separately on the invoice. If there is no credit for a tire
casing, the reason will be listed on the invoice.
TIRE DISPOSAL
The vendor shall be responsible for pick up and proper disposal of all used and scrap tires per applicable
laws. They should provide this service for both tires that the vendor supplies and installs, as well as the tires
that the City of Lubbock purchases and replaces in house. Used tires should be picked up at time of service
or from a designated area at Fleet garage, 206 Municipal Drive, Lubbock TX 79457, when notified by Fleet.
The City of Lubbock will not be responsible for any Contractor's illegal action in handling disposal of the
tires.
MINIMUM QUANTITIES
The Contractor agrees that the City has made no representation, guaranty, or commitment that the City will
purchase any minimum quantity of products under this Contract. The Contractor further agrees that any
inventories, residual or otherwise, which the Contractor may establish or which may otherwise arise from
the Contractor's performance under this Contract, shall be at the sole risk and responsibility of the
Contractor.
PRICE — ALL GROUPS
Proposal pricing is price per tire for each of the listed tire sizes. This price is the amount that will be expected
on the invoices. Any additional parts/labor such as mounting, balancing, wheel weights, valve stems, et
cetera, and any applicable rebate for reusable tire casing will be specified on the invoice. Any additional
costs associated with normal replacement and/ or installation will be approved on an individual basis.
DISPOSAL CHARGES
Any charges for disposal of old tires must be included with the proposal form.
WARRANTY
Manufactures standard warranty shall apply.
Exhibit B
City of Lubbock
RFP 23-16982-EG
24 Hour Emergency Road Flat Tire Repair/Replacement
Best and Final Offer
McW horters Tires and Service of Lubbock, TX
Manufacturing
#
Description
Quantity (+/-)
UOM
(MFG)
Unit Price
Total Cost
Group 1- Passenger Tires
# 1-1
P155.'80R13 A/S
4
EA
No Bid
No Bid
No Bid
# 1-2
P195/75R14 A/S
5
EA
No Bid
No Bid
No Bid
#1-3
P205./75R15 A/S
14
EA
No Bid
No Bid
No Bid
#14
P205/65R15 A/S
8
EA
Goodyear
$ 72.36
$ 578.88
# 1-5
P205/70HR15 A/S PURSUIT TIRE
12
EA
No Bid
No Bid
No Bid
#1-6
P215/70HR15 A/S PURSUIT TIRE
30
EA
No Bid
No Bid
No Bid
#1-7
P215/75R15 A/S
7
EA
No Bid
No Bid
No Bid
# 1-8
P215/65R15 A/S
13
EA
No Bid
No Bid
No Bid
#1-9
P215/60R16 A/S
6
EA
Goodyear
$ 76.53
$ 459.18
# 1-10
P225/60R16 A/SPURSUIT TIRE
80
EA
Goodyear
$ 112.21
$ 8,976.80
#1-11
P235/70R16 A/S PURSUIT TIRE
25
EA
No Bid
No Bid
No Bid
# 1-12
P235/75R16 A/r
4
EA
No Bid
No Bid
No Bid
#1-13
P235/75R16 A/S
65
EA
Goodyear
$ 139.64
$ 9,076.60
#1-14
P255/70R16 A/S
4
EA
Goodyear
$ 138.77
$ 555.08
#1-15
P235/55R17 A/S PURSUIT TIRE
250
EA
Goodyear
$ 124.00
$ 31,000.00
#1-16
P245/65R17 A/S
10
EA
Goodyear
$ 105.13
$ 1,051.30
#1-17
P265/60R17 A/S PURSUIT TIRE
500
EA
Goodyear
$ 132.20
$ 66,100.00
#1-18
265/70R17 A/S
21
EA
Goodyear
$ 129.95
$ 2,728.95
#1-19
265/70R17 H/T
28
EA
Goodyear
$ 123.34
$ 3,453.52
#1-20
265165R17A/S
12
EA
Goodyear
$ 142.61
$ 1,711.32
#1-21
265160R18 A/S
8
EA
Goodyear
$ 122.74
$ 981.92
# 1-22
215/65R17 A/S
4
EA
Goodyear
$ 173.65
$ 694.60
#1-23
235/75R17 A/S
24
EA
Goodyear
$ 133.46
$ 3,203.04
#1-24
235/75R17 H/T
16
EA
Goodyear
$ 133.46
$ 2,135.36
#1-25
255/70R17 A/S
8
EA
Goodyear
$ 138.26
$ 1,106.08
#1-26
265/70RI6 A/S
24
EA
Goodyear
$ 112,91
$ 2,709.84
#1-27
235/50RI8 A/S Pursuit
32
EA
Goodyear
$ 158.42
$ 5,069.44
# 1-28
215/70R16 A/S
12
EA
No Bid
No Bid
No Bid
# 1-29
235/70R16 A/S
8
EA
No Bid
No Bid
No Bid
# 1-30
245/55R18 A/S Pursuit
32
EA
No Bid
No Bid
No Bid
# 1-31
255/60R18 A/S Pursuit
100
EA
No Bid
No Bid
No Bid
#1-32
225/60R18
100
EA
No Bid
No Bid
No Bid
Group 2 - Light Truck Tires
#2-1
LT225/70R19.5 A/T
24
EA
Goodyear
$ 313.32
$ 7,519.68
#2-2
LT225/70R19.5 H/T
32
EA
Goodyear
$ 308.40
$ 9,868.80
#2-3
LT235/80R17 A/T
16
EA
No Bid
No Bid
No Bid
#24
LT235/80R17 H/T
12
EA
No Bid
No Bid
No Bid
#2-5
LT245/70R19.5 A/T
28
EA
Goodyear
$ 337.55
$ 9,451.40
#2-6
LT245/70R19.5 H/T
36
EA
Goodyear
$ 324.30
$ 11,674.80
#2-7
LT295/75R22.5 A/T
16
EA
No Bid
No Bid
No Bid
#2-8
LT295/75R22.5 H/T
24
EA
No Bid
No Bid
No Bid
#2-9
LT235/75R17.5 A/T
32
EA
No Bid
No Bid
No Bid
#2-10
LT235/75R17.5 H/T
8
EA
Goodyear
$ 316.43
$ 2,531.44
#2-11
LT2I5/75R15 A!r
4
EA
Goodyear
$ 158.99
$ 635.96
#2-12
LT235/75R15 H/T
3
EA
No Bid
No Bid
No Bid
#2-13
LT235/75R15 A/T
16
EA
No Bid
No Bid
No Bid
#2-14
LT215/85R16 H/T
27
EA
Goodyear
$ 134.24
$ 3,624.48
#2-15
LT215/85R16 A/T
19
EA
Goodyear
$ 138.01
$ 2,622.19
#2-16
LT225/75R16 H/T
21
EA
Goodyear
$ 127.19
$ 2,670.99
#2-17
LT225/75R16 A/r
25
EA
Goodyear
$ 132.55
$ 3,313.75
#2-18
LT235/70R16 A/T
4
EA
No Bid
No Bid
No Bid
#2-19
LT235/85R16 H/T
14
EA
Goodyear
$ 142.29
$ 1,992.06
#2-20
LT235/85R16 A/T
22
EA
Goodyear
$ 142.66
$ 3,138.52
#2-21
LT235/85R16 M/T
20
EA
Goodyear
$ 181.84
$ 3,636.80
#2-22
LT245/75R16 H/T
66
EA
Goodyear
$ 129.87
$ 8,571.42
#2-23
LT245/75R16 A/T
117
EA
Goodyear
$ 136.45
$ 15,964.65
#2-24
LT245/75R16 M/T
10
EA
Goodyear
$ 160.71
$ 1,607.10
#2-25
LT255/70R16 A/T
4
EA
No Bid
No Bid
No Bid
#2-26
LT245/70R17 A/T
4
EA
Goodyear
$ 155.01
$ 620.04
City of Lubbock
RFP 23-16982-EG
24 Hour Emergency Road Flat Tire Repair/Replacement
Best and Final Offer
Manufacturing
#
Description
Quantity (+/-)
UOM
(MFG)
Unit Price
Total Cost
#2-27
LT265/75R16 H/T
6
EA
Goodyear
$ 146.60
$ 879.60
#2-28
LT265/75R16 A/T
35
EA
Goodyear
$ 138.48
$ 4,846.80
#2-29
LT245/70R17 H/T
33
EA
Goodyear
$ 156.33
$ 5,158.89
#2-30
LT245/70R17 A/T
20
EA
Goodyear
$ 155.01
$ 3,100.20
#2-31
LT275/65R18 A/T
4
EA
Goodyear
$ 176.20
$ 704.80
#2-32
LT265/70R17 H/T
24
EA
Goodyear
$ 167.05
$ 4,009.20
#2-33
LT265/70R17 A/T
30
EA
Goodyear
$ 160.60
$ 4,818.00
#2-34
LT275/70R18 H/T
13
EA
Goodyear
$ 189.50
$ 2,463.50
#2-35
LT265/65R18 A/T
4
EA
No Bid
No Bid
No Bid
#2-36
LT225/75R15 A/T
4
EA
No Bid
No Bid
No Bid
#2-37
LT245/75R17 H/T
24
EA
Goodyear
$ 163.53
$ 3,924.72
#2-38
LT245/75R17 A/T
40
EA
Goodyear
$ 159.04
$ 6,361.60
#2-39
LT245/75R17 M/T
32
EA
Goodyear
$ 181.29
$ 5,801.28
#2-40
255/401ZR19
32
EA
Goodyear
$ 195,88
$ 6,268.16
City of Lubbock
RFP 23-16982-EG
24 Hour Emergency Road Flat Tire Repair/Replacement
Best and Final Offer
Service Charges
McWhorters Tires and Service of Lubbock, TX
#
Description
Quantity
Required
Service Cost
Total Cost
Business Hours (7am-5pm)
# I-1
In shop flat repair. Price to be on a Per tire basis and to include all
1
$ 20.00
$ 20.00
ancillary costs associated with normal repair
#1-2
Road side flat repair. Price to be on a Per tire basis and to include all
1
$ 100.00
$ 100.00
ancillary costs associated with "Road side repair".
#1-3
Tire Replace
1
$ 15.00
$ 15.00
#1-4
Roadside repair for vehicles inside City of Lubbock city limits, cost
1
$ 0.00
$ 0.00
per mile.
# 1-5
Roadside repairs for vehicles traveling outside of City of Lubbock
1
$ 1.25
$ 1.25
city limits, cost per mile.
# 1-6
Mounting of Tire Supplied by City of Lubbock
1
No Bid
No Bid
# 1-7
Balancing of Tire Supplied by City of Lubbock
1
No Bid
No Bid
After Hours (5pm-7am)
#2-1
In shop flat repair. Price to be on a Per tire basis and to include all
1
No Bid
No Bid
ancillary costs associated with normal repair.
#2-2
Road side flat repair. Price to be on a Per tire basis and to include all
1
$ 125.00
$ 125.00
ancillary costs associated with "Road side repair".
#2-3
Tire Replace
1
No Bid
No Bid
#24
Roadside repair for vehicles inside City of Lubbock city limits, cost
1
$ 0.00
$ 0.00
per mile.
#2-5
Roadside repairs for vehicles traveling outside of City of Lubbock
1
$ 1.25
$ 1.25
city limits, cost per mile.
#2-6
Mounting of Tire Supplied by City of Lubbock
1
No Bid
No Bid
#2-7
Balancing of Tire Supplied by City of Lubbock
1
No Bid
No Bid
Vendor Acknowledgement
In compliance with this solicitation, the undersigned offeror having examined the request for
proposal, instructions to offerors, documents associated with the request for proposals, and being
familiar with the conditions to be met, has reviewed the 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
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in proposal rejection.
Authoriz S nature
Print/Type Name
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Company Name
Sri r7�+Na c�
Title
/ 7 b G Z,2
Date
008 7Z-�5 t9vEi41dE
Address
Los 6o cx-, 7x 7? Y40/
City, State Zip Code
Contact for questions, clarifications, etc.
Name and Title:
57
,9,C&S dqE-
Mailing Address:
City, State, Zip:
Telephone No:
-L
Fax No:
E-Mail:
Exhibit C
INSURANCE REQUIREMENTS
32.1. 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.
32.2. 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.
32.3. 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):
Commercial General Liability Requirements: $1 M occurrence r $2M aggregate (can be combined with
an excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most
important of all insurance policies in a contractual relationship. It insures the Contractor has broad
liability coverage for contractual activities and for completed operations.
Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury,
Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person).
Automobile Liability Requirements: $1M/occurrence is needed
Workers Compensation and Employer Liability Requirements: Statutory. If the vendor is an
independent contractor with no employees and are exempt from providing Workers' Compensation
coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's
license. Employer Liability ($1M) is required with Workers Compensation.
Special Insurances.
Garage Liability Requirements: No less than $2,000,000 combined single limit.
*The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional
insured status on a primary and non-contributory basis on all liability policies except professional
liabilities and workers' comp.
*Waivers of Subrogation are required for CGL, AL, and WC.
*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 an A.M. Best rating of A- or better.
*Subcontractors must carry same limits as listed above
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 extentsame
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
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
1314Avenue K, 9t, Floor
Lubbock, Texas 79401
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.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
7-7
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.
2023-981163
McWhorter Tire
Lubbock, TX United States
Date Filed:
02/08/2023
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City Of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 23-16982-EG
24 Hour Emergency Road Side Flat Tire Repair/Replacement
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN KA
LAR TION
My name is U�(��1 �I r� and my date of birth is
My address is_QD2�
(street) (city) (state) (zip code) (country)
I declare under/penalty of perjury that the foregoing is true and correct.
Executed in [/ �a r l� County, State of Jigs on the day of `l 2o-7-3.
(year)
ti(month)
Signature of authorized agent of • ntracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2023-981163
McWhorter Tire
Lubbock, TX United States
Date Filed:
02/08/2023
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City Of Lubbock
Date Acknowledged:
02/08/2023
g
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 23-16982-EG
24 Hour Emergency Road Side Flat Tire Repair/Replacement
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. ❑
X
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 V3.5.1.3ac88bc0