HomeMy WebLinkAboutResolution - 2023-R0467 - Contract 17504, Massey Irrigation - 09/26/2023Resolution No. 2023-R0467
Item No. 5.17
September 26, 2023
RESOLUTTON
BE TT 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. 17504 for land application maintenance
and repair, by and between the City of Lubbock and Massey Irrigation, of Lubbock, Texas, and
related documents. Said Contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on September 26, 2023
ATTEST:
Co ney Paz, City Se tary
APPROVED AS TO CONTENT:
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Erik Rejino, Assistant City Manager
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Amy �,� ' s, eputy Ci rney
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RES.Contract-Massey Irrigation 17504
Resolution No. 2023-R0467
City of Lubbock
Contract for
ITB 23-17504-YB
Land Application Maintenance and Repair
Contract 17504
THIS CONTRACT made and entered into this 26th day of September , 2023, by and between the
City of Lubbock ("City"), and Massev Irrigation ,("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Land Application Maintenance
and Repair 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 Land Application Maintenance and Repair
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 speciiications and Contractor's bid, copies of which are attached
hereto and made part hereof, Contractor will deliver to the City, Land Application
Maintenance and Repair, and more specifically referred to as Items 1-1 through 5-2 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 (1) year
extensions, said date of tertn beginning upon formal approval. This Contract will renew
automatically for the additional terms, unless either Party gives 90-day written notice to
terminate the Contract.
4. All stated annual quantities are approximations of usage during the time period to be covered by
pricing established by this bid. Actual usage may be more or less. Order quantities will be
determined by actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and resulting
contract.
5. The Contractor must maintain the insurance coverage required during the term of this contract
including any extensions. It is the responsibility of the Contractor to ensure that valid insurance
is on file with the Purchasing and Contract Management Department as required by contract or
contract may be terminated for non-compliance.
6. A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI)
or Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor,
etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide
such documentation to the City, and at the City's sole discretion, the contractual rate may be
further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate
at the end of the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the
Director of Purchasing and Contract Management written, quarterly documentation to justify the
ongoing adjustment. If no such documentation is timely received, the rate will automatically
revert to the initial, awarded rate.
7. This contract shall remain in effect until the first of the following occurs: (1) the expiration date,
(2) performance of services ordered, or (3) termination of by either party with a 30 day written
notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest
and best bidder as it deems to be in the best interest of the city.
8. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or hold
itself out as, an agent or representative of City. In no event shall Contractor be authorized to
enter into any agreement or undertaking for or on behalf of City.
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 Liabilitv Requirements: $1 M 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).
Automobile Liabilitv Reauirements: $1 M/occurrence is needed.
Workers Comuensation and Emplover Liabilitv Repuirements: 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.
* 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;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care
together with the indemnification provision, shall be underwritten by contractual liability
coverage sufficient to include such obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices
not less than 30 days prior the change, which notice must be accompanied by a replacement
CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract Management
City of Lubbock
1314 Avenue K, 9`h 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 infortnation 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, andlor subcontractors, related to the performance, operations or omissions
under this agreement andlor 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-
17504-YB, 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 iirst above written. Executed in triplicate.
CITY OF L
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AT ,ST:
Cou ney Paz, City Secre
A ROVED AS CONTENT:
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Aubrey Spe , Direct r of Water Utilities
CONTRACTOR
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Authorized Representative
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Print Name
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City, State, Z p Code
APPROVED AS TO FORM:
Amy Si s, Deputy ttorney
City of Lubbock
ITB 23-17504-YB
Land Application Maintenance and Repair
Specifications
Scope:
The City of Lubbock is requesting bids to establish pricing for Maintenance and Repairs to Pivot
Irrigation Systems at our Land Application Sites located at:
Lubbock Land Application Site
4602 ECR 6700
Lubbock, TX 79403
Wilson Land Application Site
547 CR X
Wilson, TX 79381
Intent - The purpose of this bid is to provide the City of Lubbock with qualified contractors to perform
maintenance and repair to Pivot Irrigation Systems for Land Application sites.
Response Time — Vendor shall verbally respond to service requests within 8 hours to schedule the
service. Services and Repairs shall be initiated with 24 hours, unless otherwise approved by the site
representative.
Fabrication — Vendor shall be able to fabricate any parts needed for repair.
Licenses/Certifications — Current State licenseslCertifications must be provided with bid.
Warranties - All work shall be guaranteed a minimum of thirty (30) days after final acceptance by the
department of any of the services, including any and all installations, repairs, additions, components or
parts thereof;
• The City will use its best efforts to notify the Contractor during the warranty period if any repair or
installation is not in good working order;
• For new installations, Contractor shall provide full manufactures warranty to the City.
• The Contractor shall provide and bear the cost of all labor, material, cost of transportation, and
insurance required to meet its obligations under this warranty;
• The Contractor shall either repair or replace at the City's sole option any installation, equipment, or
component part not in good working order, at no additional cost to the City;
Disposal of Refuse - Contractor shall clean the site and dispose of all refuse at a Texas Commission on
Environmental Quality (TCEQ) approved.
Cit,y of Lubbock, TX
Purchasing and Contract Management
Vendor Acknowledgement Form
In compliance with the Invitadon 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 delivcr 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 thc items spccified, if the unit prices are
obviously unbalanced (either in excess of or below reasonably expected values), or inegularities of any kind.
Thc lnvitation to Bid is by rcfcrcncc incarporated in this contract.
Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre-Paid and AlloH�ed
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 CitV may make multiple awards, selecNng multiple vendors to provide the products
desired, it multiple awards arc in the best interest of the City. A decision to make a multiplc 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 paymei�t discou�it of �°ro, net
calendar days. Discounts will not be considered in determining low bid. Unless othenvise indicated
on the Bid Form, payment terms will be NE'T T'HIRTY 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 thc City within a stipulated number of days will bc
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 PRICWG: The Biddcr ccrtifics that the price quoted is not in exccss 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 ol' 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 quatity, at a lower
net price(s) than providcd hcrcin, supplicr agrees to notify the City and sell samc 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): Thc 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, spccifications, and pricing would
apply?
City of Lubbock
ITB 23-17504-YB
Land Application Maintenance and Repair
Bid Form
Massey Irrigation, Inc.
Locallon Lubbock, TX
Total $642.50
# Item Description
Quantity
Required
(+1-) UOM
Unit Total
Price Cost
• ' • ��
• . a ,; �•
# 1-1 Service Call 1 HR $92.50 $92.50
#1-2 Journeyman 1 HR $92.50 $92.50
# 1-3 Helper 1 HR $40.00 $40.00
#1-4 Welder 1 HR $92.50 $92.50
# 1-5 Electrician 1 HR $100.00 $100.00
� • �. �
#2-1 Fabrication Service Rate 1 HR $0 $0.00
� .
#3-1 Boom Truck 1 EACH � $225.00 $225.00
#3-2 Service Truck 1 EACH $0 $0.00
#5-1 PartslMaterial Mark Up Percentage (%) 1 % 35%
#5-2 PartslMaterial Discount Percentage (%) 1 % No Bid No Bid
tr�+-i �,u�� r�i rviu� i r.r��,n .pv .pv.vv
Other governmental entities that might ha��e interests in this contract are Frens6ip Independent Sc600l
District, Lubbock Housing Authorit��, Lubbock County, Lubbock County Hospital District, Lubbock
Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech
University, West Texas Municipal PowerAgency, Lynn County, and City of Wolfforth.
YES � NO
•[f 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 materialslservices under the contract(s)
awarded as a result of this solicitation. All purchases by goverrunental entities other than the City of
Lubbock will bc billcd dircctly to that governmcntal cntity and paid by that govcrnmcntal entity. City
of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity
will order their own materialslservice as needed.
ADDENDA
Bidder acknowledges receipt of addcnda issued in regard to this solicitation:
Addenda No. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
1NSURANCE REQUIREMENTS
I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been
reviewed by me and my Insurance AgenUBroker. 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 thc time requirement specified above is not mct, the City has the right to rcject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the
Director of Purchasing & Contract Managcment for the City of Lubbock at (806) 775-2572.
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A- I 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-recipient� 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 finn, you must certify that your organization and
its principals are not suspended or debarred by a Federal agency.
I, 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
cighteen (18) ycars of agc, pursuant to Tcxas Govcrnmcnt Codc, Ghaptcr 2252, Scction 2252.152, ccrtify 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 identitied under Section 806.U5 l, 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
��ebsitc of the Comptroller of the Statc of Texas, which do business with Iran, Sudan or any Foreign Terrorist
nrganization, I will immecliately notify the City of Lubbnck Purchasing and Contract Department.
TEXAS GOVERNMENT CODE SECTION Z271.002
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 dea) with, terminaling business activities wilh, or otherwise taking any
actian that is intended to penalize, infliet economic harm on, or limit cornmereial 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, c;cwrporation, partnership, joint venture, limited
partnership, limited liability partnership, or limited liabitity cumpany, including a wholly owned subsidiary,
majority-owned subsidiaty, parent company, or affiliate of those entities or business associations that exists
to make a profit.
This Certifcation 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: ( I} it does not, and will not for the duration af the
convact, 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.
lf Contractor is a company with 10 or mnre full-time employees anJ 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 uot
have a practice, policy, guidance, or directive that discriminates against a tirearm 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
cnergy companies or (2) the verification cequircd by Section 2274.(Hl2 of thc 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 Govcrnmcnt C�de Chapter 22'74, it does not
boycott energy companies; and will not boycott energy companies dwing the term of the Agreement. This
verification is n�t required for an agreement �vhere 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, managcment, borrowing, or investment
of funds.
CONTRACTOR ACKNOWLEDGEMENT
ln 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 Covernment Code 2274
• Federa! and State Regulations
• MAster Agreement
SUBMISSIOIv IVFORMATIOI�
:�n indi� idual authoriicd to hind the romran} must.ign thc tullo��ing scctu�i;. h,�ilw�r to ctccutc this
portion m�y rrsult in bid rejcctic►n.
THIS BID IS SUBMITTED BY
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J
corporation organized under the laws of the State of , or a partnership consisting of
the City of
or individual trading as
Tax ID No.: 1�__�7. ��b`33
Address:
City: Statc: Zip: � Q� ti3
�t/WBE Firm: Woman Black American Natire
I lispanic Amecican Asian Pacitic American Other i
Please complete the information beluw.
�
�Y Date: � " � Z'-a
Authorized Rep�•esentcrtive - must sign bv hand
Officer Name and Titic:
Business Telephone Nwnber �� � ! � � Q �J` FAX: � �7�
of
E-mail Address: