HomeMy WebLinkAboutResolution - 2023-R0187 - Contract 17066 with Pro Chem Sales 4.11.23Resolution No. 2023-RO187
Item No. 6.27
April 11, 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, Contract No. 17066, as per ITB 23-17066-EG, for pesticides
and herbicides for various parklands and properties, by and between the City of Lubbock and
SKTR, Inc., dba Pro Chem Sales of Amarillo, Texas, and all related documents. Said Contract
is attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on
ATTEST:
(Al)�� �
Courtney Paz, Int imicitNOLretary
APPROVED AS TO CONTENT:
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
RyaWbdoke, Senior Assistant City Attorney
RES.Contract No. 17066, SKTR, Inc., dba Pro Chem Sales
3.13.23
April 11, 2023
Resolution No. 2023-R0187
Contract 17066
City of Lubbock
Contract for
ITB 23-17066-EG
Pesticides and Herbicides for Various Parklands and Properties
THIS CONTRACT made and entered into this 11 day of April , 2023, by and between the
City of Lubbock ("City"), and SKTR, Inc., dba Pro Chem Sales , ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Pesticides and Herbicides for
Various Parklands and Properties 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 Pesticides and Herbicides for Various Parklands and Properties
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, Pesticides and Herbicides for
Various Parklands and Properties, and more specifically referred to as Items #0-1 through
#140 on the bid submitted by the Contractor or in the specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done
the work provided for in this Contract and to complete and finish the same according to the
attached specifications, offer, and terms and conditions contained herein.
3. The contract shall be for a term of one (1) year, with the option of four (4), 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
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, 9t' 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.
9. 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.
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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
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.
23-17066-EG, 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 EST:
.41V�� -� V,�
Courtney Paz, InteriMT4 S2,4tary
APPROVED AS TO CONTENT:
Colby VanGundy, Director of Parks and Recreation
APPROVE S TO FO
Ryan Bro e, Senior ssistant d orney
CONTRACTOR
BY
Authorized( Represe ative
I, I "//
Print Name
5-62 4
Address
1w,bb,D(k, %x. 721-1,Vy
City, State, Zip Code
City of Lubbock, TX
Specifications
ITB 23-17066-EG
Pesticides and Herbicides for Various
Parklands and Properties
I. SCOPE OF SERVICES
The City of Lubbock (City) is soliciting bids to establish prices agreements(s) with a supplier
or suppliers for the purchase of pesticides and herbicides chemicals to treat the various
parkland and properties.
a) Bidders shall be properly licensed to supply Bid items under applicable licensing statues of
the State of Texas.
b) All Bidders must submit current sample labels, material safety sheets, and detailed product
specification sheets with their Bid. Failure to provide complete information as requested
shall result in Bid disqualification and rejection as non -responsive.
II. METHOD OF AWARD
A price agreements(s) may be awarded to a single bidder or multiple bidders (multiple awards)
based on pricing and compliance with the specifications and requirements.
III. NO GUARANTEE OF VOLUME: The City of Lubbock does not guarantee any specific
amount of compensation volume, minimum or maximum.
IV. DELIVERY AND PICKUP
The Contractors(s) shall agree to supply these products under same pricing, terms and conditions,
FOB: Destination.
Orders placed for pick-up shall reference a purchase order. The order will be pickup by a City
Licensed Pesticide applicator or the Parks Operations Manager within five (5) business days of
the order. Pickup orders by the City schedule only Monday -Friday 7:00 am-3:30 pm.
V. PESTICIDE AND HERBICIDE SUPPLIES AND SPECIFICATIONS
2 1/2 Gallon Containers
6
Prodiamine
Deet
4
12 containers per case
Deformer
32
Quart
Glyphosate
48
2 1/2 Gallon Containers
Marker Dye
160
1 Gallon Containers
MSMA
10
2 1/2 Gallon Containers
Taurus SC
8
1 Gallon Containers
Reward
2
2 1/2 Gallon Containers
Soa -N-Water
2
12 containers per case
Surfactant
16
2 1/2 Gallon Containers
Total Release
4
12 containers per case
Wasp Spray
5
12 containers per case
Power Zone
6
2 1/2 Gallon Containers
Amdr Pro
160
25 pound bags
4-Speed XT
10
2 1/2 Gallon Containers
Parazone (Paraquart)
6
2 1/2 Gallon Containers
Triplet
115
2 1/2 Gallon Containers
Aqua -Master
20
2 1/2 Gallon Containers
LV-6
20
2 1/2 Gallon Containers
Katana
8
6 containers per case
Di uat Aquatic
20
2 1/2 Gallon Containers
Ecomazapry 2 SL
20
2 1/2 Gallon Containers
Talstar
4
1 Gallon Containers
Tank Cleaner
8
2 Pound Containers
Cuero 5000
66
3 Pound Bags
Pro iconazole 14.3
1
2 1/2 Gallon Containers
336F
16
Quart
MSM
40
8oz container
Ferromec AC 15-0-0
1
2 1/2 Gallon Containers
Parazone Para uat
6
2 1/2 Gallon Containers
TriTek
4
2 1/2 Gallon Containers
Rozol
4
50 Pound Buckets
Mice Glue Board
1
72 per case
Live Mice Traps
12
12 per case
Bromacil/Diuron 40/40
11
8-6 pound bags
Remedy
3
1 Gallon Containers
Cypert TC
6
1 Gallon Containers
PT P.I.
20
18oz-6 cans per case
PT Pro -Control Plus
5
12 per case
4
1
2 1/2 Gallon Containers
City of Lubbock
ITB 23-17066-EG
Pesticides and Herbicides for Various Parklands and
Properties
Bid Form
Pro Chem Sales
Location
Amarillo, TX
Total
$119,951.00
Quantity
Unit
Total
Required
Price
Cost
#
Item Description
UOM
#0-1
Prodiamine, 2 1/2 Gallons Containers
6
EA
$279.22
$1,675.32
#0-2
Deet, 12 containers per case
4
EA
$71.16
$284.64
#0-3
Deformer, Quart
32
EA
$10.56
$337.92
#04
Glyphosate, 2 1/2 Gallon Containers
48
EA
$93.44
$4,485.12
#0-5
MSMA, 2 1/2 Gallon Containers
10
EA
$82.81
$828.10
#0-6
Taurus SC, 1 Gallon Containers
8
EA
$0.00
$0.00
#0-7
Reward, 2 1/2 Gallon Containers
2
EA
$0.00
$0.00
#0-8
Soap-N-Water, 12 containers per case
2
EA
$85.44
$170.88
#0-9
Surfactant, 2 1/2 Gallon Containers
16
EA
$30.00
$480.00
#0-10
Total Release, 12 containers per case
4
EA
No Bid
No Bid
#0-11
Wasp Spray, 12 containers per case
5
EA
$102.84
$514.20
#0-12
Power Zone, 2 /12 Gallon Containers
6
EA
$281.67
$1,690.02
#0-13
Amdr Pro, 25 pound bags
160
EA
$482.35
$77,176.00
#0-14
4-Speed XT, 2 1/2 Gallon Containers
10
EA
$264.71
$2,647.10
#0-15
Parazone (Paraquart), 2 1/2 Gallon Containers
6
EA
No Bid
No Bid
#0-16
Triplet, 2 1/2 Gallon Containers
115
EA
$0.00
$0.00
#0-17
Aqua -Master, 2 1/2 Gallon Containers
20
EA
$0.00
$0.00
#0-18
LV-6, 2 1/2 Gallon Containers
20
EA
$102.50
$2,050.00
#0-19
Katana, 6 containers per case
8
EA
$205.88
$1,647.04
#0-20
Diquat Aquatic, 2 1/2 Gallon Containers
20
EA
$166.59
$3,331.80
#0-21
Ecomazapry 2 SL, 2 1/2 Gallon Containers
20
EA
$182.00
$3,640.00
#0-22
Talstar, 1 Gallon Containers
4
EA
$0.00
$0.00
#0-23
Tank Cleaner, 2 Pound Containers
8
EA
$21.79
$174.32
#0-24
CuPro 5000, 3 Pound Bags
66
EA
$35.88
$2,368.08
#0-25
Propiconazole 14.3., 2 1/2 Gallon Containers
1
EA
$121.93
$121.93
#0-26
336F, Quart
16
EA
$55.12
$881.92
#0-27
MSM, 8oz container
40
EA
$35.00
$1,400.00
#0-28
Ferromec AC 15-0-0, 2 1/2 Gallon Containers
1
EA
$42.25
$42.25
#0-29
Parazone (Paraquat), 2 1/2 Gallon Containers
6
EA
No Bid
No Bid
#0-30
TriTek, 2 1/2 Gallon Containers
4
EA
$40.21
$160.84
#0-31
Rozol, 50 Pound Buckets
4
EA
$100.84
$403.36
#0-32
Mice Glue Board, 72 per case
1
EA
$22.32
$22.32
#0-33
Live Mice Traps, 12 per case
12
EA
$9.00
$108.00
#0-34
Bromacil/Diuron 40/40, 8-6 pound bags
11
EA
$54.21
$596.31
#0-35
Remedy. UOM: 1 Gallon Containers
3
EA
$76.82
$230.46
#0-36
Cypert TC, 1 Gallon Containers
6
EA
$47.44
$284.64
#0-37
PT P.I, 18oz-6 cans per case
20
EA
$22.40
$448.00
#0-38
PT Pro -Control Plus, 12 per case
5
EA
$78.72
$393.60
#0-39
Q4, 2 1/2 Gallon Containers
1
EA
$345.63
$345.63
#0-40
Marker Dye, 1 Gallon Containers
160
EA
$68.82
$11,011.20
City of Lubbock, TX
Purchasing and Contract Management
Vendor Acknowledgement Form
In compliance with the Invitation to Bid, the undersigned Bidder having examined the Invitation to Bid,
instructions to bidders, General Conditions of the Agreement, Specifications, and being familiar with the
conditions to be met, hereby submits the following bid for furnishing the material, equipment, labor and
everything necessary for providing the items listed and agrees to deliver said items at the locations and for the
prices set forth on the bid form and/or the bid table associated with this bid.
A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of
form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are
obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind.
The Invitation to Bid is by reference incorporated in this contract.
Where applicable. prices are quoted as: F.O.B. Destination, Freight Pre -Paid and Allowed
Where applicable. delivery days are: Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -
none basis for any item or group of items shown on the bid.
The City of Lubbock is seeking a contract for with one or more contractors. In order to assure adequate
coverage, the City may make multiple awards, selecting multiple vendors to provide the products
desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of
this Bid, however, is an option reserved by the City, based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of _0 %, net
calendar days. Discounts will not be considered in detcnnining low bid. Unless otherwise indicated
on the Bid Form, payment terns will be NET THIRTY DAYS. The City will pay the successful bidder within
thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later.
Discounts for prompt payment requiring payment by the City within a stipulated number of days will be
interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a
correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later.
Discounts for payment in less than ten days will not be considered.
MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price
charged anyone else, including its most favored customer, for like quality and quantity of the
products/services; does not include an element of profit on the sale in excess of that normally obtained by the
Bidder on the sale of products/services of like quality and quantity; and does not include any provision for
discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale
to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower
net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower
price(s) on all deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental
entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized
interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government
Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Fach bidder
shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders
in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate
in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would
apply?
Other governmental entities that might have interests in this contract are Frenship Independent School
District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech
University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES_X NO
• If you (the bidder) checked YES, the following will apply:
Governmental entities utilizing Interloeal Agreements for Cooperative Purchasing with the City of
Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s)
awarded as a result of this solicitation. All purchases by governmental entities other than the City of
Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City
of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity
will order their own materials/service as needed.
ADDENDA
Bidder acknowledges receipt of addenda issued in regard to this solicitation:
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
INSURANCE REQUIREMENTS
I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been
reviewed by me and my Insurance Agent/Broker. if I am awarded this contract by the City of Lubbock, I will
be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a
valid insurance certificate to the City meeting all of the requirements defined in this bid.
If the time requirement specified above is not met, the City has the right to reject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the
Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572.
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-1 10) prohibits non -Federal entities from contracting
with or making sub -awards under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred. Covered transactions include procurement contracts for goods or
services equal to or in excess of S25,000 and all non -procurement transactions (e.g., sub -awards to sub -
recipients).
Contractors receiving individual awards of S25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and
its principals are not suspended or debarred by a Federal agency.
1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended
or debarred by a Federal agency.
TEXAS GOVERNMENT CODE SECTION 2252.152
The undersigned representative of the undersigned company or business, being an adult over the age of
eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that
the company named above is not listed on the website of the Comptroller of the State of Texas concerning the
listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further
certify that should the above -named company enter into a contract that is on said listing of companies on the
website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department.
TEXAS GOVERNMENT CODE SECTION 2271.002
Company hereby certifies the following:
1. Company does not boycott Israel; and
2. Company will not boycott Israel during the term of the contract.
The following definitions apply to this state statute:
(1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with
Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not
include an action made for ordinary business purposes; and
(2) "Company" means an organization, association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary,
majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists
to make a profit.
This Certification is required from a Company if the Company has 10 or more full-time employees and
the contract for goods or services (which includes contracts formed through purchase orders) has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental
entity.
TEXAS GOVERNMENT CODE 2274
By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the
contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code
does not apply to the contract.
If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least
S100.000 or more, Contractor 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.
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
S100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not
boycott energy companies; and will not boycott energy companies during the term of the Agreement. This
verification is not required for an agreement where a governmental entity determines that these requirements
are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance,
incurrence, or management of debt obligations or the deposit, custody, management. borrowing, or investment
of funds.
FEDERAL AND STATE SAFETY REGULATIONS
Contractor shall comply with all federal and state safety regulation including but not limited to Occupational,
Safety and 11calth Administration (OSHA) and the Department of Workforce Development (DWD)
regulations. This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The
preceding provisions include, in part, certain Standard Terns and Conditions required by the Department of
Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the
event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any
act, tail to perform any act, or refuse to comply with any requests which would cause Bus to be in violation
of the FTA terns and conditions.
All Environmental Protection Agency (EPA) rules and regulations must be followed by the Contractor.
MASTER AGREEMENT
For Federal Transit Administration Agreements authorized by 49 U.S.C. chapter 53, Title 23, United States
Code (Highways), the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users,
as amended by the SAFETEA-LU Technical Corrections Act of 2008, the Transportation Equity Act for the
21 st Century, as amended, the National Capital Transportation Act of 1969, as amended, the American
Recovery and Reinvestment Act of 2009, Pub. L. 1 1 1-5, February 17, 2009, or other Federal laws that FTA
administers.
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The Master Agreement can be found in its entirety on the City of Lubbock website www.ci.lubbock.tx.us
INCOMPLETE INFORMATION
Failure to complete or provide any of the information requested in this Request for Proposal, including
references, and/or additional infonnation as information as indicated, may results in disqualification by
reason of "non -responsiveness".
CONTRACTOR ACKNOWLEDGEMENT
In compliance with this solicitation, the undersigned bidder, having examined the bid documents,
instructions to bidders, documents associated with the invitation to bid. and being familiar with the
conditions to be met has reviewed the above information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
• Federal and State Regulations
• Master Agreement
SUBMISSION INFORMATION
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in bid rejection.
THIS BID 1S SUBMITTED BY ey r R r1C , a
corporation organized under the laws of the State of �-QYn or a partnership consisting of
or individual trading as _ of
the City of (Z i I (!h
Tax ID No.: Is g0)8.3ij
Address: 90o pmt C+
City: �iV1tli W-;11 1 J State:2x Zip: 717162
NI/WBE Finn:
Woman I I Black American X Native American
Hispanic American I I Asian Pacific American �' Other (Specify)
Please complete the information below.
�. Date:
Authorized Represottative - must sign by hand
Officer Name and Title: IV ie l/k6 J,)- I %.,ILkzd CA —
Business Telephone Number pAn(O - 7g13_ QOM- FAX: f (o - 7W3 `icp
E-mail Address