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HomeMy WebLinkAboutResolution - 2023-R0270 - PO 31073727 with Roberts Truck Center 5.23.23Resolution No. 2023-RO270 Item No. 5.32 May 23, 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, Purchase Order 31073727, for a Class 8 Cab and Chassis with Custom Flat Bed, by and between the City of Lubbock and Roberts Truck Center, of Lubbock, Texas, per ITB 23-17283-SB and all related documents. Said Purchase Order 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 TRAY I A.I.. 'EST: Courtney Paz, City Secreta .' APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: Rachae Foster, A si i City Attorney ccdocs/RESTO 31073727- Roberts "Truck Center 5.8.23 May 23, 2023 �!40000� City of PURCHASE ORDER Lubbock TEXAS ROBERTS TRUCK CENTER TO: PO BOX 1071 AMARILLO TX 79189 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Ordered 51512023 Freight Requested 5/3112024 Taken By Delivery PER B RODRIGUEZ REQ 60241 Page - Date - Order Number Branch/Plant 1 5/5/2023 31073727 000 OP 3526 CITY OF LUBBOCK SHIP TO: FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK TX 79404 Marta AXwm Directorof ITB 23-17283-SB Management S BALLANCE If you have any questions, please contact Breana Rodriguez: 179639@,mylubbock.us or 806-775-2374 Description/Supplier Item Ordered Unit Cost UM Extension Request Date International HV 607 Flat Bed 1.000 130,424.9200 EA 130,424.92 5/31/2024 4-Year Extended Warranty Terms NET DUE ON RECEIPT I.000 5,070.0000 EA 5,070.00 5r'31r'2024 Total Order 135,494.92 This purchase order encumbers funds in the amount of $135,494.92 awarded to Roberts Truck Center of Lubbock, TX, on _ May 23 , 2023, The following is incorporated into and made part of this purchase order by reference: Quote dated May 02, 2023, from Roberts Truck Center of Lubbock, TX, and ITB 23-17283-SB. Resolution # 2023-RO270 CITY OF LL Tray Payn , ay CurEST: tney Paz, City Secret Rev, 312022 Seller and Buyer agree as follows: ACCEPTANCE OF THIS PURCHASE ORDER PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS the Contractor unless 10MIJ n in voritine bV the litanies.f conflict conditions v' r the terms mil conditions Mvided r.rr-.rid The icrims and conditions waded herein are the final terms ameed upon by the nantea..�and -any pLQL conrLnme terms shall be of no force or clffect. L SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked w follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes. and (d) the number of the container bearing the packing slip Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to sense lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not aecompmed by packing lists. 2, SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a terrier of goods. 3. TITLE AND RISK OF LOSS The tide and risk of loss of the goods shall rot pass to Buyer until Buyer actually receives and takes poascasan of Ifie goods at the point or points of delivery 4. NO REPLACEMENT OF DEFECTIVE TENDER, Every tender of delivery of goods most fully comply with all provisions alibis contract as to time of dclivary, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Setter may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract lime but not afterward. 5. INVOICES & PAYMENTS. a S e 11 e r shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, rf any shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable. City of Lubbock, P. O. Box 2000, Lubbock. Texas 79457. Payment shall not be due until the above instruments are submitted afterdelivery. 6 GRATUITIES The Buyer may, by -ripen notice to the Seller cancel this contract without liability to Seiler if it is daammal by Buyer that gratuities, in the form of ateRainment. gifts or otherwise, were offered or given by the Seller or myagcm or representative of the Seller to my office' or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract In than event this contract is canceled by Buyer Pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of [he cost incurred by Sella in providing such gratuities. '. SPECIAL TOOLS & TEST EQUIPMENT. If the poor stated on the fare hcrcof includes the cost of any special tooling or special test equipment fabricated or required by Seller for to purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Sella as such. S. WARRANTY -PRICE. a The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quamOks under similar of like conditions and methods of purchase. In the event Sclla breaches this warmly. the prices of the items shall be reduced to the Seller's current pica on orders by others, or in the alternative. Buys may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Sclkr warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agrcallas or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of borer fide established commercial or selling agencies ma unarmed by the Seller for the purpose of securing busyness. For breach of vicatnon of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without lability and to deduct from the contract price, or otherwise recover without liabihtyand to deduct fromthe contract Oct. orotheawise recover the full amuumof such commission, Percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Sella shall rot limit or exclude any implied warranties and my anempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Sella, ifmy. In the event of a conflict or between the spccifcanons, drawings, and descriptions the specifications shall govern. Notwithstanding any provisions comamed in the contractual agreement, the Seller represents and wanaril5 fuili-free performanceand fault•beeresuh in the processingdate and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware. software and fimswarc products delivered and savior provided under this Contract individually or in combination, sit the case may be from die effective date of this Contract. The obligations contained haem apply to products and services provided by the Seller. its sub. Seller or any third patty involved in the creatnonordcvclopment of theproducts and services to be delivered to the City of Lubbock under this Contract, Failure to comply with my of the obligations contained herein, may result io the City of Lubbock availing itself of any of its rights under the law and under this Concoct including, but not limited to its right pertaining to termination or default. The warranties contained herein arc separate and discrete from arty other warrmnes specified in this Contract, and are rat subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices. its schedules, its annexes or any document incorporated in this Contract by reference. 1). SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. & Department of Labor under the Occupational Safety and Health Act of 1973. In the ,vent the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Sella fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller sexpense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Sella agrees to ascertain whether goods mamufazturcd in accordance with to specifications aitachod to this agreement will give rise to the rightful claim orally third person by way of infringement of the like. Buyer makes no warranty that de production of goods aceording to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for hndemnificatoo in the event that Sella issued on the grounds of infringement of to like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect sr wrttng within two weeks after the signing of tsis agreement. If Buyer does not receive tothce and is subsequently held liable for the infringement or the like, Setter will save Buyer harmica. If Seller in good faith ascertains the production oldie goods in. accordance wait the spenficataris will result in infringement or the like, the contract shall be null and void. 12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability ofan annual appropriation for this purpose by the City. In the event ofnonapp opnaton of fords 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•c rri cm fiscal year or when the appropriation made for the then•ctirrem year for the goods or services covered by this contract is spent, whichever event occurs fist If at any time fluids are not appropriated for the cominuma of this contract, cancellation shall be accepted by the Seller on thirty (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. RIGHT OF INSPECTION. Buyer shall have the right to inspect tit, goods at delivery before accepting them 14. CANCELLATION. Buyer shalt have the right to cancel for default all or my pan of the undelivered portion of this order if Sella breaches any of the tesmt hereof including warranties of Sella or if the Seller becomes insolvent or commits acts of bankruptcy Such right ofancellathon is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15 TERMINATION The perfornunce of work under this order may be terminated in whole or in pan by the Buyer in accordance with this provision Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent 10 which performance of work under the order is laminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buy= act forth in Clause 14, herein 16. FORCE MA)EURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terns of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said parry is unable in prevent. I?. ASSIGNMENT -DELEGATION. No right OF interest in this contract shall be assigned or delegation of any obligation made by Sella without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformirywilh this paragraph 19. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or retruncialion is supported by consideration and is in writing signed by the aggrieved party. 19 INTERPRETATION -PAROLE EVIDENCE. The writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as pan of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and occlusive sta crncm of the temis of thew agreement. Whenevera tam defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date ofthis agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason o question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform In the event that a demand is made and no assurance is given within five (5) days. the demanding parry nay treat this failure at an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall inde mify, keep and save harmless the Buyer, is agents, officials and employees, agaust all injuries, deaths, loss. damages, claims, patent claims, suits, liabilities, judgmems. costs and expenses, which may in anywise accrue against the Buyer in consequence of the graming of this Contract or which may anywise result therefrom. whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Sella or its employees, or of de subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all torts and other expenses arising therefrom of incurred in connection therewith. and. if myjudgmem steal] be rendered against the Buyer in any such action, the Seller shall at its own expenses, satisfy and discharge the same Seller expressly understands and Woes that any bond required by this contract, or otherwise provided by Seller, shill in co way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to eat the time specifications of this agreement will cause Seller to be in default of this agreement. 24, MBE, The City of Lubbock hereby ratifies all bidders that in regard to any contract entered into pursuart to this request minority and warren business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. 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 fors of relief in a court of competent jurisdiction. Further, the City shall not be subject to my arbitration process prior to exercising its unrestricted right to seek judicial rcesedy The remot es sot forth herem are cumulative and not exclusive, and maybe exercised concurrently To the extent of any conflict between this provision and another provision in or related to. this document this provision shall control. 26. RIGHT TO AUDIT. At my time during the term of the contract, OF thereafter, the Chy, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times reserves than right tc audit Conti -actor'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 my errors or overpayments by the City. Contractor shall rchmd the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from my payments due Contractor. 27. The Contractor shall not assign or sublet the compact, or any portion of the contract, without wren consent from the Director of Purchasing and Contract Management. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.1$2 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 29, Texas Govanment Code. Section 2252.908 requires a business entity entering into origin contracts with a governmental entity orswcagency to file with the governmental entity orstate agency a disclosure of interested panics at the time the business entity submits the signed contract to the governmental entity or state agency. trismsctorisfor completing Form 1295 arc available at: h1Tr�ELy�'.ci.lub'axk.t�uiecca:]thrJi- w'a 6eieaev dehre lifrril 'jry r{ F�51Ilgl r ai fmi�nmt it:+r 30 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Oovennme s: Code. Respondent certifies that either ill it meets an exemption criteria under Section 2271.002; or (i.) it doer not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation Respondent shall state any facer that make it exempt from the boycott certification in its Response, 31, No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Govemmem Code, Respondent certifies that ether (i) it meets an exemption criteria under Section 2274 002. or (it) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boyeou of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Government Codc, Respondent cennfics that either (i) it meets an exemption criteria under Section 227-4.002; or (u) it does not boycott a Firearm Entity or Firear Trade Association and will not boycott a Firear. Entity or Firearm Trade Association during the ter of the contract resulting from this solicitation. Respondent shall state my facts that make at exempt from the boycom certification in its Response 33 Contrazts with Compares Engaged in Business with Iran. Sudm or Foreign Terrorist Organization Prohibited. Pursuant to Section 2232.152 of the Texas Government Code. prohibits the City from enlaing 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 34 TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter ). Chapter 552. Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terinated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 35 Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address forwhich public mfornatton requests may be made by an entailed request 'I.ihbc�+tl . please said this request to this email address fora to be processed REV. 3C2022 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 Iocations 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 _ _%, net 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 her"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 23-17283-SB Class 8 Cab and Chassis with Custom Flatbed Bid Form Roberts Truck Center Location Lubbock, TX Total $135,494.92 # Quantity Required Unit Total Item Description (f/ UOM Price Cost #1-1 Class 8 Cab and Chassis with Custom Flat Bed 1 EA 130,424.92 $130,424.92 #1-2 Extended Warranty 1 EA 5,070.00 $5,070.00 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 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 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-110) 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. 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 $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 4220.1 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, 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. htt s:llwww.transit.dot. ovlfundin tee-resourceslsam le-fta-a ementslfta- rant -a reements 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 _RD ��,k . r _ a corporation organized under the laws of the State of _ws _ , or a partnership consisting of the City of Tax ID No.: Sr qa7 Address: t6-1Je City: C r,K M/WBE Firm:1 I Woman American or individual trading as State:_ —X� Black Asian Please complete the information below. B 1114 _ Authorized P&fresentative - must sign by hand Officer Name and Title: /ems i�< r Ur �' Date: _ Business Telephone Number - 63 - %3 __ FAX: E-mail Address: ".'e. t�ss�C.ta,,.► Native of ib6o'ck TEXAS Purchasing and Contract Management Project Summary ITB 23-17283-SB Class 8 Cab and Chassis with Custom Flat Bed Notice was published in the Lubbock Avalanche Journal on April 16 & April 23, 2023. Notice was published on the Purchasing Web Site under Bid Opportunities. Notice was published on the State of Texas Electronic State Business Daily. Notice was published on Bonfire.com from April 14 to April 26, 2023. 13 vendors downloaded the documents using Bonfire.com. I 1 vendors were notified separately. 2 vendors submitted bids. The City of Lubbock, TX ITB 23-17293-SB Class 8 Cab and Chassis with Custom Flatbed Bid Tabulation Roberts Truck Center Volvo & Mack Trucks of Waco Total Cmf $135.494 92 $173.199.00 London Lubbock, TX Robinson, TX Qty Unit Total Delivery Unit Total Delivery # Iicros (+!_) UOM Brand Price Coat Days Brand Price Cost Days 40-1 Class 8 Cab and Chassis with I EA international KV607 & 130,424-92 • S 130,42C92 395 'Volvo 162,919.00 S162,919.00 210 Custom Flat Bed . American Equipment 28 , Flatbed #0-2 Extended Warranty I EA 4yr I50.000 mile 5.070.00 55,070.00 n/a Volvo 10,280.00 $10280.00 n!a extended Navistar Warrantv CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl 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. 2023-1024688 Roberts Truck Center Lubbock, TX United States Date Filed: 05/23/2023 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. 31073727 Class 8 Cab and Chassis with Custom Flat Bed Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My Warne is �,i. y 1 t,and my date of birth is My address is «IG1J-3 (aQ+'8YVPY (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in `.1 1 A0[-)(tCounty, State of GiS on the 13 day of , 20 2-3 (month) (year) Sig e of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethlcs.state.tx.us version vs.5.l.alaeazca 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. 2023-1024688 Roberts Truck Center Lubbock, TX United States Date Filed: 05/23/2023 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: 05/23/2023 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. 31073727 Class 8 Cab and Chassis with Custom Flat Bed 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.a18ea2ca