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HomeMy WebLinkAboutResolution - 2023-R0216 - Contract 17254 with Rush Truck Center 4.25.23Resolution No. 2023-RO216 Item No. 6.23 April 25, 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. 17254 for maintenance and repair on City heavy duty vehicles as per ITB 23-17097-SB, by and between the City of Lubbock and Rush Truck Centers of Texas, LP, 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 April 25, 2023 APPROVED AS TO CONTENT: 7AAPWW tkm'-- Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: Foste?, AWsistant City Attorney ccdocs. RES.ServiccContract 17254- Rush Truck Centers of'fexas, LP 3.30.23 Resolution No. 2023-RO216 Contract 17254 City of Lubbock Contract for ITB 23-17097-SB Maintenance and Repair on City Heavy Duty Vehicles THIS CONTRACT made and entered into this 25 day of April % 2023, by and between the City of Lubbock ("City"), and Rush Truck Centers of Texas LP , ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Maintenance and Repair on City Heavy Duty Vehicles 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 Maintenance and Repair on City Heavy Duty Vehicles. 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, Maintenance and Repair on City Heavy Duty Vehicles, and more specifically referred to as Line Items 1-1, 2-1, and 3-1 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 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. 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. 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. 9. Insurance Requirements SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Commercial General Liability Requirements: $lM occurrence / $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). A : $1 M/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 ($1 M) is required with Workers Compensation. Garage Liability Requirements: No less than $2M combined single limit. Garagekeepers Legal Liabilitv Requirements: No less than $ 1 M per location. * 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. IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; 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, 91h 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. This Contract consists of the following documents set forth herein: Invitation to Bid No. 23- 17097-SB, Specifications, and the Bid Form. -----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. PPROVED AS TE:T! R. Dominic Esperat, Dire or of fleet Operations APPROVED AS TO FORM: Ra hael Foster, ssistant City Attorney • •I 0 ' e M1I LJ 14 LJi Au rized Re resentMive �D Print Name Address 4b* City, State, Zip Code City of Lubbock, TX ITB No. 23-17097-SB (ITB) Rush Truck Centers of Texas, LP dba Rush Truck Center, Lubbock Clarifications Rush's response to the ITB is subject to the following: 1. Regarding the insurance requirements contained in section 33 of the ITB and section 9 of the sample agreement, Rush cannot provide Medical Expenses coverage (Any one Person). Medical expenses are excluded on Rush's policy and Rush self -insures for this coverage. But, our policy would respond, with a limit of up to $30M, for reasonable medical expenses should a claim be filed against Rush and if Rush were liable for the event which caused bodily injury to a 3rd party. Rush Truck Centers of Texas, LP dba Rush Tr ck Center, L bock By: Name: Barry Ro Title: Regional General Manager Date: �2.;3 _ _ City of Lubbock, TX 1TB 23-17097-SB Maintenance and Repair on City Heavy Duty Vehicles Specifications SCOPE The City of Lubbock is seeking a contract for maintenance and repairs of heavy duty vehicles and equipment including hydraulics, welding and fabricating. The successful bidder ("Vendor") will provide preventative maintenance and repairs to heavy duty vehicles and equipment not covered under any manufacturer's warranty unless the Company is the authorized warranty dealer. The City of Lubbock is seeking a contract with one or more contractors. In order to ensure 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. *Location: Lubbock's Extraterritorial Jurisdiction. See map and link on last page. Potential repairs include, but are not limited to, the following: Air Conditioning, Heating & Ventilation System Axles Brakes, Hubs & Bearings Steering Suspension Drive Shafts Automatic Transmissions Charging Systems Cranking Systems Ignition Systems Lighting Systems, Electrical Accessories Engines Exhaust Systems Fuel Systems Power Take -Off (PTO) Buckets /Booms Def Systems Equipment & Truck Categories The following is a current list of Descriptions of City of Lubbock vehicles and equipment by Category which are included in this maintenance and repair contract. Category Description I) Trucks Class 6-7-8-9 2) Off -Road Equipment Tractors, Backhoes, Loaders, Excavators , Dozers, Graders, Scrapers, Cranes 3)Trailers Utility, Pipe, Hay, Equipment, Crew, Cargo 4)Forklifts Clark, Hyster, Cat, Daewoo, Case, Hilift, Princeton Labor Guide The vendor is required to provide the name of the current Labor Guide software and version used to provide repair costs with the bid form. The City of Lubbock reserves the right to audit the labor hours charged to each job and all overcharges will be brought to the attention of the vendor. The vendor shall issue a credit for the overcharge amount within .5 business days and the credit shall reference the City of Lubbock's vehicle identification number and work order number. If the program is proprietary, the vendor shall grant access to the City of Lubbock's Fleet Services Department for audit purposes. Mitchell and Redbook Program Name Version Work Authorization Vehicle shop repairs will be estimated on a per job basis with a fixed labor rate per hour as stated on the Bid Form. Prior to the start of any vehicle repair, the Vendor must provide a written repair estimate by a trained service advisor or technician. Estimates must include parts at the quoted cost rate. All estimates shall be at no charge to the City. The Company must obtain a work order number and authorization to perform the work from the City of Lubbock authorized Fleet Services designee before making any repairs. The Company must also obtain City approval for the type of repairs and the cost of repairs before proceeding with the work. Vendor must submit a copy of the Work Order along with the Company's invoice itemizing the labor hours, hourly labor rate, supplies, cost of supplies, parts list, and price for each part. The Work Order must contain the V number assigned by the City, the VIN number, the current license plate number, and the current vehicle mileage or hours. If any of the information is missing or incorrect, the Company will not be reimbursed for any services, repairs, maintenance, parts, or supplies. Approval Procedures Approval for maintenance and repairs on all vehicles shall be as follows: Repairs up to $1,000 shall be verbally approved by an authorized Fleet Services designee. Repairs from $1,000 to $2,500 must have written approval from an authorized Fleet Services designee. Repairs over $2,500 must have written approval from an authorized Fleet Services designee and Director of Fleet Services. If any repairs are completed without proper authorization, the Company will not be reimbursed for any services, repairs, maintenance, parts, or supplies. Repair Time Notifications The Company must make a determination of the repairs, costs and times and notify the City within 24-hours after receiving the vehicle or equipment. Repeat Repairs The vendor will be responsible for correcting all previous repairs performed by the vendor that were incorrectly repaired or the repair failed to correct the reported deficiency. The vendor will be responsible for the total cost of the repair including any replacement parts. In the event of a Repeat Repair, the vendor shall open a new vendor work order. The new vendor work order must indicate on the work order "repeat" or "return" work. Copies of the original City and vendor work orders and any applicable invoices shall be attached to the new work order. Pick -Up and Delivery The bidder's bid may include a separate price for pick-up and delivery of heavy vehicles or equipment. The bidder must indicate on the Bid Form the additional charge, if any, for this pick -up and delivery service. The City reserves the right to use this service as needed. Vehicles must be picked up by City personnel or delivered to a City location within 24-hours after the vehicle has been repaired. Parts, Supplies and Services The Company must use their own parts and/or supplies in completing all repairs. No City parts or supplies will be issued by the City Garage to the Company. The Company's invoice must include charges for all parts, supplies, and services used in making repairs. The Company must return all parts that were removed and replaced during the repair of the vehicle or equipment upon completion of the repair(s) and the parts must accompany the vehicle or equipment. The Company is responsible for all core returns and credits. Bid submissions Bids will be awarded by category of vehicles and equipment. Bidders are responsible for submitting all relevant, factual and correct information with their bid. If additional sheets are attached to the bid submittal package, the bidder shall clearly cross- reference the appropriate location in the bid solicitation (i.e. page number, paragraph, subject, etc.) Invoices Invoices will show only the cost rates indicated on the Bid Form. Any additional charges or fees not listed will be disallowed from any invoice. Vehicle shop repairs will be billed per the approved estimate. An individual Work Order shall be issued for vehicle shop repairs. No delivery or repair shall be performed without proper authorization. Invoices for parts purchased by the Company for all repairs to City vehicles and equipment will be made available for inspection by a City representative upon request. Invoices must display the company name imprinted on the face, the parts purchased and the date of the purchase. Repair invoices should match the parts invoice when there were replacement parts required for the repair. If a request is submitted by the City to review a particular invoice, that request will be met within 24 hours from the time of the request. Vehicle Pickup The Company is responsible for any damage to the vehicle or equipment while in the Company's control. The City shall be responsible for damages after the vehicle or equipment has been delivered to a City representative and said representative has inspected the vehicle or equipment and has verified that no damage occurred during the repair process. In the event that a vehicle is scheduled to be picked up from the City for repairs, the vehicles will be: 1. Picked up by tow vehicle/wrecker, or 2. Driven to the repair destination by a licensed and insured individual representing the Company. Special Requirements: 3. Company to provide secure shelter (locked fence) for City vehicles. 4. Estimate must be submitted to Fleet Services within 24-hour period of request. 5. All furnished parts must be OEM, OEM equivalent, or OEM re -cycled parts. 6. All suspension or steering components must be OEM or OEM equivalent only. 7. All repairs shall be warranted for a period of 12 months or 12,000 miles. '— Sa00 — SIM we suet — tme — we — me SI00 S1t0 - /0at7 — arm — pie 04a0 -dot - b0/ Tm0 - riot Two — I" faat T00D fYDtl0 EXTRATERRITORIAL JURISDICTION MAP-LUBBOCK COUNTY`7 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 z z a z z It z z: z a a z z a z z z z z a z z a z z a a z z z ESOW - I __ f i „� i eq[ 7kx • 1 E Stm ! t } ! ! ° - E $Sm - • y ^ •.. ! t _ E67M �° +.._ • • - - ElbaElm E SSW = t i I t �• E 0100 - I• •• ' E 0700 — - t E e7at -.— E L•00 — —T E &SM, ' - t E H00 - ° E 0700 - + tam - E tl00 - E 71)p7 — .ta •� °:. t tK. E 1/00 — - ` E nN — »: E 7- + E 74M •- - E r100 — T E M314rtD E 77a0 E Tmt — ETW •— 0 0 0 0 0 0 0 0 0 0 0 o e o 0 0 8 8 g tlq Cwrr� y NYattwro P••t 4r�� https:llwww.lubbockcoun ov/egov/gppsldocumenticenter.egov?view=item&id=2832 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 6'l` �%, net bh calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each 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? City of Lubbock ITB 23-17097-SB Maintenance and Repair on City Heavy Duty Vehicles Bid Form Rush Truck Centers of Texas, LP Location Lubbock, TX # Quantity Required Unit Total Item Description (-�I-) UOM Price Cost n _ •KIL10 • e • • i •rd .- # 1-1 Labor rate per hour (billed in 1 Hourly Rate $149 $149.00 increments of full, half, and 114 hours) - #-t-2- -Aio claw parts- - — - — - 0-- ---Percentag -m- - — - --No, Bid; - — - — -N-er-Bi& 2 Category 2: Off -Road Equipment (Tractors, Backhoes, Loaders, Excavators, Dozers, Scrapers 92-1 Labor rate per hour (billed in 1 Hourly Rate . $165 $165.00 increments of full, half, and 1/4 hours) CategoryPipe, Hay, Equipment,andCargo) #3-1 Labor rate per hour (billed in 1 Hourly Rate $149 $149.00 increments of full, half, and 1/4 hours) - #3-2- � A�xrlrup�rbave�helen parr - — - — � - -F reerrta - — - -NorBid- — - — Bid 4 Cate .• • �. ••Princeton) - #41- -labor-rate jw hetw-(N4 d ifi- - — - — 4— - RKwI3 a�e� - — - -�lo-R4 - — - — �Bidl- increments of full, half, and 114 hours) -#4-2- - — - — 0— - image— - — - -No-Sid- - — - — Ale -$id• Question Set 1: Questionnaire 1 1 1 Do you provide pickup and delivery of vehicles? Yes 95 69 f yes what is the roundtrip charge? (Please add charge amount to comments) Do you offer a tow service? 1 1 2 f yes, what world be your roundtrip tow charge (Please add charge amount to Yes 275.00 comments) 1 1 3 CouId you respond to a pickup 24 hours a day7 Yes 275 00 1 1 4 Do you have a service call fee? Yes 3 hour minimum If yes what is the fee? (Please add fee amount to comments) 1 15 Do you have a mileage fee? No within Lubbock City Limits If yes, what is its (Please add mileage fee to comments) 1 is Miles from your location to City Fleet Services Garage # of Miles 33 (206 Municipal Drive, Lubbock TX 79403) Off-RoadCategory 2: Excavators, 1 21 Dozers, Graders, Scrapers, and Cranes) Do you provide pickup and delivery of vehicles? No no If yes, what is the roundtrip charge? (Please add charge amount to comments) Do you offer a tow service? 1 2.2 If yes, what would be your roundmp tow charge (Please add charge amount to Yes 275,00 comments) 1 2 3 Could you respond to a pickup 24 hours a day? Yes if towing 1 2 4 Do you have a service call lee? Yes 3 hour minimum I f yes what is the fee?;Rease add fee amount to comments) 1 2 5 Do you have a mileage fee? No within Lubbock City Limits If yes, what is ill (Please add mileage fee to comments) 1 2 6 Miles from your location to City Fleet Services Garage # of Miles 33 Category (20e Municipal Drive, Lubbock TX 794031 3: Trailem Pipe, Hay, Equipment, Crew, and Cargo) 1 31 (Utility Do you provide pickup and delivery of vehicles' No no If yes what is the roundtrip charge? (Please add charge amount to comments) Do you offer a tow service? 1 3 2 If yes, what would be your roundmp tow charge (Please add charge amount to Yes 27500 comments) 1 3 3 Could you respond to a pickup 24 hours a day? Yes if towing 1 3 4 Do you have a service call lee? Yes 3 hour minimum 1f yes, what is the fee? ( Please add fee amount to comments) 1 3 5 Do you have a mileage fee? No within Lubbock City Limits If yes, what is d?; Please add mileage lee to comments) 13.6 Miles from your location to City Fleet Services Garage # of Miles 3.3 (206 Municipal Drive, Lubbock TX 79403) Daewoo,Category 4: Forklifts (Clark, Hyster, Cal, 1 4 1 Do you provide pickup and delivery of vehicles? No only NO for Category 4 If yes. what is the roundmm p charge? (Please add charge amount to coments) Do you offer a tow service? 1 4 2 If yes what would be your roundtrip tow charge (please add charge amount to NO only NO for Category 4 comments) 143 C a will you respond b a pickup 24 ho um a day' No only NO for Category4 1 4 4 Do you have a service call fee? No only NO for Category 4 If yes what is the fee? (Please add fee amount to comments) 1 4 5 DO you have a mileage feel No only NO for Category 4 If yes what is k? .Please add mileage fee to comments; 146 Was from your IocaLon to City Fleet Services Garage # of Miles 3 (206 Municipal Of", Lubbock TX 79403} 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 Woll%rth. YES NO If you (the bidder) checked YES, the following will apply: Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. ADDENDA Bidder acknowledges receipt of addenda issued in regard to this solicitation: Addenda No. Date /a,2 /�oa3 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 CircularA-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 $25,000 and all non -procurement transactions (e.g., sub -awards to sub - recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. 1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. 1 further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. The following definitions apply to this state statute: (1) "Boycott Israel' means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This Certification is required from a Company if the Company has 10 or more full-time employees and the contract for goods or services (which includes contracts formed through purchase orders) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. TEXAS GOVERNMENT CODE 2274 By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $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. FEDERAL AND STATE SAFETY REGULATIONS Contractor shall comply with all federal and state safety regulation including but not limited to Occupational, Safety and Health Administration (OSHA) and the Department of Workforce Development (DWD) regulations. This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms 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.IF, 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, fail to perform any act, or refuse to comply with any requests which would cause Bus to be in violation of the FTA terms and conditions. All Environmental Protection Agency (EPA) 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. 111-5, February 17, 2009, or other Federal laws that FTA administers. httt)s://www.transit.dot.govlfundin /grantee -resources saniple-tla-agreementslfta-grant-agreements 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 information as information as indicated, may results in disqualification by reason of "non -responsiveness". CONTRACTOR ACKNOWLEDGEMENT In compliance with this solicitation, the undersigned bidder, having examined the bid documents, instructions to bidders, documents associated with the invitation to bid, and being familiar with the conditions to be met has reviewed the above information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 • Federal and State Regulations • Master Agreement SUBMISSION INFORMATION An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in bid rejection. THIS BID IS SUBMITTED BY V fMcV UN- a corporation organized under the laws of the State of Q,.rs4'Ac�c 1v\C C16 "A Q01(o Ac.(&r individual trading as the City of I tk4og,\,t- Tax ID No.: �! IL(- 7-7 is tot V1 or a partnership consisting of of Address: 4/5; t S k e A City: JCAL60f-� State: % Zip: 79K IM/WBE Firm: Authorized Woman I Black American Native American Himanic American I I Asian Pacific American Other (Specify) Please complete the information below. must sign by hand Date: '�Z • 2 • a2 Officer Name and Title: cvoy �e��o'"A� C'teri�"-�,e Business Telephone Number 806 - 6€4 - 3t CG FAX: MG -'A(�-`II / E-mail Address:_Wtoe castite k ef01SM - C° "t Statutory Declaration Regarding Exemption from Filing Form 1295 for Rush Truck Centers of Texas, LP I, Michael S. Lyons, Assistant Secretary of Rushtex, Inc., a Delaware corporation, and the sole general partner of Rush Truck Centers of Texas, LP, a Texas limited partnership, do hereby declare that: 1. Rush Truck Centers of Texas, LP is a wholly owned subsidiary of Rush Enterprises, Inc. 2. Rush Enterprises, Inc. is a public company traded on NASDAQ under the symbols RUSHA and RUSHB. 3. As a result of changes to the Form 1295 requirements made effective on January 1, 2018, governmental entities in Texas are not required to obtain a Form 1295 from Rush Truck Centers of Texas, LP because a Form 1295 is not required for "a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity. (Emphasis added.) See Texas Government Code § 2252.908(c)(4). (A copy of the statute is attached for reference.) 4. Pursuant to the foregoing, Rush Truck Centers of Texas, LP, as a wholly owned subsidiary of a public company, is not required to submit a Form 1295. Acknowledged Michael S. Lyons Assistant Secretary State of Texas County of Comal PERSONALLY appeared before me Michael S. Lyons who executed and attested the execution of this document. SW N TO BEFORE ME this 11th day of January 2023. N Public fo he State of Texqs My Commission Expires: �.•"Y�'�.,, NICOLE JOHNSON Notary Public, State of Texas Comm. Expires 12-03-2024 Notary ID 129222018 TEXAS ETHICS COMMISSION GOVERNMENT CODE TITLE 10. GENERAL GOVERNMENT SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT CHAPTER 2252. CONTRACTS WITH GOVERNMENTAL ENTITY SUBCHAPTER Z. MISCELLANEOUS PROVISIONS Sec_ 2252.908. DISCLOSURE OF INTERESTED PARTIES. (a) In this section: (1) "Business entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. (2) "Governmental entity" means a municipality, county, public school district, or special-purpose district or authority. (3) "Interested party" means a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. (4) "State agency" means a board, commission, office, department, or other agency in the executive, judicial, or legislative branch of state government. The term includes an institution of higher education as defined by Section 61.003, Education Code. (b) This section applies only to a contract of a governmental entity or state agency that: (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed; or (2) has a value of at least $1 million. (c) Notwithstanding Subsection (b), this section does not apply to: (1) a sponsored research contract of an institution of higher education; (2) an interagency contract of a state agency or an institution of higher education; (3) a contract related to health and human services if: (A) the value of the contract cannot be determined at the time the contract is executed; and (B) any qualified vendor is eligible for the contract; (4) a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity; (5) a contract with an electric utility, as that term is defined by Section 31.002, Utilities Code; or (6) a contract with a gas utility, as that term is defined by Section 121.001, Utilities Code. (d) A governmental entity or state agency may not enter into a contract described by Subsection (b) with a business entity unless the business entity, in accordance with this section and rules adopted under this section, submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. (e) The disclosure of interested parties must be submitted on a form prescribed by the Texas Ethics Commission that includes: (1) a list of each interested party for the contract of which the contracting business entity is aware; and (2) a written, unsworn declaration subscribed by the authorized agent of the contracting business entity as true under penalty of perjury that is in substantially the following form: "My name is my date of birth is and my address is (Street) (City) (State) (Zip Code) I declare under penalty of (Country) perjury that the foregoing is true and correct. Executed in County, State of on the day of , (Month) (Year) Declarant". (f) Not later than the 30th day after the date the governmental entity or state agency receives a disclosure of interested parties required under this section, the governmental entity or state agency shall submit a copy of the disclosure to the Texas Ethics Commission. (g) The Texas Ethics Commission shall adopt rules necessary to implement this section, prescribe the disclosure of interested parties form, and post a copy of the form on the commission's Internet website. Added by Acts 2015, 84th Leg., R.S., Ch. 1024 (H.B. 1295), Sec. 3, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 526 (S.B. 255), Sec. 5, eff. September 1, 2017.