Loading...
HomeMy WebLinkAboutResolution - 2024-R0094 - PO 25101683, With Runway Safe, Inc - 02/27/2024Resolution No. 2024-R0094 Item No. 7.17 February 27, 2024 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 No. 25101683 by and between the City of Lubbock and Runway Safe, Inc. for Friction Testing Equipment at the Lubbock Preston Smith International Airport per ITB 24-17741-TF, and 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 February 27, 2024 APPROVED AS TO CONTENT: � Bi11 Howe on, Deputy City Ma APPROVED AS TO PORM: , Pirst Assistant City Attorney ccdocs IIIRES.Runway Safe, Inc.-PurchaseOrd February 5, 2024 �►r. ���af Lubbock TEXAS PURCHASE ORDER TO: RUN WAY SAFE, INC. 2239 HIGH HILL ROAD LOGAN TOWNSHIP NJ 08085 Page - Date - Order Number Branch/Plant t 1 /31 /2024 25101683 000 OP 4613 SHIP TO: CITY OF LUBBOCK LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT 5401 N. MARTIN L KING BLVD LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNPSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Macta Alvarez, Director Purcbasing & ConhaM Menagement Ordered 2/27/2024 Freight Requested 4/3/2024 Taken By T FLORES Delivery PER J DELAROSA REQ 61308 ITB 24-17741-TF For questions in regard to this order, p[ease contact Charles Farina, Dept�ty Director of Operations LPSIA, at 806-775-2036 or CFarina@mylubbock.tis. Description/Supplier Item Ordered Unit Cost UM Extension Request Date Continuous Friction Testing Equipment Complete Sys. 1.000 64,643.0000 EA 64,643.00 4/3/2024 Water Tank, as specified. 1.000 EA 4/3/2024 Delivery and Assembly, as specified. 1.000 4,000.0000 DY 4,000.00 4/3/2024 On-Site Training, as specified. I.000 DY 4/3/2024 Total Order Terms NET 30 INSURANCE REQUIRED: 68,643.00 Commercial General Liabilitv Reauirements: $1M occurrence 1$2M Workers Comaensation and Emalover Liabilitv Reuuirements: aggregate (can be combined with an Excess Liability to meet requirement). Statutory. If the vendor is an independent CGL is required in ALL contracts. It is perhaps the most important of all contractor with no employees and are exempt from providing insurance policies in a contractual relationship. It insures the Contractor has Workers' Compensation coverage, they must sign a waiver broad liability coverage for contractual activities and for comp�eted (obtained from COL Purchasing) and include a copy of their operations. Commercial General Liability to include Products - driver's license. Employer Liability ($1M min) is required with Completion/OP, Personal and Advertising Injury, Contractual Liability, Workers Compensation. Fire Damage (any one fire), and Medical Expenses (any one person). Automobile Liabilitv Requirements: $1 M— CSL / Occurrence *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. This purchase order encumbers funds in the amount of $68,643.00 awarded to Runway Safe, Inc. of Logan Township, NJ, on FebruarY 27 , 2024. The following is incorporated into and made part of this purchase order by reference: Bid dated January 17, 2024, from Runway Safe, Inc. of Logan Township, NJ, and ITB 24-17741-TF. Resolution # 2024-R0094 CITY OF LUBBOCK: Tray Payne, ay A'I"T T: Courtney Paz, C y e ary Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARDTERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER l'ONTRAC'fOR AC NOWLEDGFS bv svoolvm¢ anv Goods or Smic�s tha� d�e Contru�or has read, tullv ��erstands. and will be m full conmliance with all �em�s and condmons and �he darnp�rve matenal contained haein �d anv +dditronal ��iated docimmL a�+ A endments The Cnv d� la�ms anv �ertns a�d condn�oa movided bv lhe Conhador unlas a�eed uoon m wntine bv lhe uart�es In the wmt of mn0ict betwern Ihe Cilv's tem�s and w�ditiore and any lums and widitio� ofovided bv the Comractor lhe temtt and wnd'aions providcd hefein shall Q�yail The tems and condi�iore orovided haein are the final tmns aareed uoon bv Ihe vania. and anv orior con0ictin¢ tam5 shall be of no fora or effect. I. SELLER TO PACKAGE GOODS. Sella will package goods in accordance with good wmmercial prac�ice. Each shipping wntaina shall be clearly and permanently marked az follows (a) Seller's name a�d addras, (b) Consignee's name, address and pwchau order or purchaze rcleate numba and �he supply agreement num6er i( appliwble, (c) ConWina numba �nd tolal numba of containers, e.g. boz 1 of 4 boxa, a�d (d) the number of �he wNainer bearing the packing slip. Sella shall bear cosl of packaging wless o�hawite provided. Goods shall be sui�ably paciced lo secure lowat tramponation costs and �o conform wilh fequircmems o( rnmmon cartiers and any appliwble specificatio�. Bu}cr's coum or weighl shall be final and wnclusive on shipments no� accompanied by packing lists. 2. SHIPMEM' UNDER RESERVATION PROHBITED. Sella is rot aullwriud to ship the goods wda resmalion and no tender o(a bill of lading will opea�e u a �enda of goods. 3. TRLE AND R1SK OF LO$$. The li�le and risk of loa of �he goodt shall no� psss to Buyer until Buyer actually receiva and Wca possarion of Ihe goodt al Ihe point or points of delivery. 4. NO REPIACEMENf OF DEFECTNE TENDER Every �enda of delivay of goods must fullycomplywith all provisiore ofthis contract as lo time ofdeiivery, qualuyard the IBce. If a tender is made which doa not fully wnform, this shall coRstitwe a brcach a�d Sella shall not have �he righ� to substi�ute a conforming trnda, provided, where �he time Por per(omwKe has no� yel upired, the Seller may reawnably notify Buyer of his imrn�an to wre and may then make a wnfolming tenda wtlhin the mn�raa time but no� afterward. 5. fNVO10ES & PAYMENTS. a S e I 1 e r shall submit separa�e invoica, in duplicate, one each purchase arder or purehase release afttt each delivay. Invoic�s shall indica�e �he pwchate orda or purchaze rclease number and the svpply agr«ment number if applicable. Invoices shall be itemiud ard trantporta�ion charga, i( any, shall be listed upantely. A wpy of the bill of lading, and �he frcigh� waybill when applicable, should be atlachcd �o the invoice. Mail To: Accounls Payable, City of Lubbock, P. O. Boa 2000, Lubbock, Texas 79457. Paymem shall not be due umil the above inslruments are submincd after delivery. 6. GRATUITIES. The Buyer may, by writtrn notice W �he Seller, cancel Uiis wntran wtlhoul liabili�y �o Seller if it is dtlemtined by Buyer llut graluitia, in the fo�m of mtenainmem, gifls or o�henvise, were oflered or given by the Sella, or any agent or rcpramutive of the Sella, lo any officer or employee of the Cuy of Lub6ock with a view to sec�uing a contracl or sauring favorable treatment with rsspecl to lhe awarding or amending, or the making of any detaminations with rcspect to �he pcfofming of such a contract. In Jx wrnt this wntract is wnceled by Buyer pursuam ro �his provisioq Buyer shall be entitled, in addition lo any other rights and rcmedia, to recover or wi�hlald the amount of the cosl incurted by Sella in providing such gratuities. 7. SPECIAI. TOOLS � TFST EQUIPMENT. If �he price s�ated on the face hereof includa �he cos� of any special tooling or special �at equipmmt 66ricated or rcquuW by Sella for Ihe purpose of filling this order, such special tooGng equipmrnl and any proces sh«ts related �herto slull become 1he propaty of the Buyer and to the eztrnt feasible shall be identified by lhe Sella as such. 8. WARRAM'V•PRICE. a The price to be paid by Ihe Buyer shall be that contained in Seller's bid which Sella wartants to be �a higha �han Seller's curtrnt pocas on ordcrs by olhers for pmduas of �he kind and specification covaed by this ageemrnt for similar quantitia unda similar of like w�ditans and methods of purchue. In lhe evem Sella beacha this wartanry, the prica of �he itcmt shall be reduced to Ihe Selkr's currcnt pric�s on orders by olhas, or in the altanative. Buyer may cancel this wntrad without liability to $eller for breach or Seller's actual upense. b. The Sella warrants that no pason or xlling agency has been employed or rctained to solicit or ucure Ihis contraa upon an agrmnent or understanding Por commiuion, percemage, bfokerage, or contingent fa excepting bona fide employe�s of bona fide atablished commncial or selling agencia maintained by the Sella for the puryou of securing businas. For bRach of viciation of �his wartanty �he Buyer shall have Ihe right in addition �o any other right of righu ro cancel Ihis contract witlaut liability a�d lo deduct from the camracl price, or olhrnvae recova witlaut liabiliry and lo deducl from the wnlract price, or o�henvise recova the full amount of such cormniubn, percentage, brokerage or contingrnt ke. 9. WARRANTV-PRODUCf. Sella shall not limit or exclude any implied wartantia and any attemp� to do to shall renda �his contact voidable at the option of �he Buyer. Sella warrants that the goods fumished will confortn to Ihe specifiwtion, drawings, and dacriptio� lisled in the bid invitaUon, and to the sample(s) fumished by Ihe Seller, itany. In the evrnt of a con0id or bnwxn the specificalio�, drawings, and descriptions, �he specifications shall govem Notwithstanding any provisions contained in Ibe wntraclual agreement, the Selltt rcpraents and warrants fault-Gee performancearid faulo-6eeraultin�heprocasingdateanddaterclateddata (i'rcluding. but not limited to calculating, comparing and sequencing) of all hardware, wftware ard firmware products delivered and servica provided u�a this Contracl, individually ar in combinatioq at the case may be Gom the eflective da�e of this Contract. The obligaliom wnta'uKd herein apply a pmducts and services provided by the Sella, its sub Sella or any th'vd party inwlved in Ihe crcation or development of the products and urvica lo be delivered to �he City of Lubbock w�der Ihis Controct. Faihue to co�ly wilh any of �he obligal'are contained hercin, may rault in the City of Lubbock availing itself of any ot its rights unda the law and wda �his Contraa including, but not limited to, iLs righ� penaining to lamina�ion or de6ult. The warranties contained hercin arc xparate and discrele fiom any o�her warrantia specified in thi� Conhact, and are not subject to any disclaimer of warranry, implied or expressed, or limitalion ot the Seller's liability which may be specified in this Contraa, its apprndica, i�s uhedula, ils annexa or any documem inco�porated in Ihit Contact by refaence. 10. SAFEI'V WARRANTY. Sella wartan�s �ha� Ihe product sold lo the Bu�er stull conform w the standards promulgated by �he U. S. Departmmt of Labor unda �he Occupa�ional Safety and Heahh Aa of 1970. In the wem the producl do�s not confom� �o OSHA standards, Buyer may mum �he pmduct Por corteclion or rcplacement at Ihe Seller's expense. In Ihe aent Sella fails to make the appropriale co�mtion within a reasonable time, correction made by Buyer will be at the Seller's expente. 1 1. NO WARRANPY BY BUYER AGAINST INFRINGEMEM'S. As pan of this comraa for sale Sella agrea to auertain whether goods manu(aauled in accordance with the speciFiwtions auached to this agreement will give rise to �he righlful claim of any Ihird person by way o( infringemenl of the like. �Buyer maka no wa�ranty Ihat �he pradudion of gaods according to the specifiwlion will not give rise to such a cla�m, and in no evrnl shall Buya be liable to Sella for indemnificatan in the event that Selltt is sticd on Ihe grounds of infiingemem o(ihe like. If Sella is o(�he opinan thal an infringemenl ar �he like will result, he will �rotify lhe Buyer to Ihis efTal in writing within two weeks afler Ihe signing o(Ihis agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or �he like, Seller will save Buyer hartnless If Sella in good faith azcertainc Ihe produc�ion of the goods in accordarice wi�h �he specifications will rcsult in infringement or the like, the cantracl shall be null and vod 1?. NON APPROPRIATION. All (unds for payment by Ihe Crty unda this contrect are subjat to the availability of an annual appropriation Por Ihis pwpou by the City. In the evrnl of rwnapproprialion of funds by the City Councd of the City of Lubbock for the goods or xrvices provided wda Ihe wntrad, Iho City will Imninate Ihe contract, wnhout lerminatan clwge or olher liability, on �he last day of the thrn-curtrnl fival ytar or when �he appropriation made for the Ihen-curtent year for the goodc or smices wvercd by this conlrad is spenl, whichever evem occurs first. If at any �ime funds are not appropria�ed for �he continuance of thit contrac�, cancellation shall be accept�d by �he Sella an thiny (30) days prior wfi�rn notitt, but failurc to give such nolice shall be of no effec� and the Ciry shall �ro� be obligaeed mder �his condac� beyond �he date of tertnination. 13. RIGHT OF INSPECTION. Buyer shall have Ue right �o intipec� the goods at delirery beforc accep�ing them 14. CANCELLATION. Buyer shall have the righ� to cancel for default all or any part of �he undelivemd poNan of this order if Sella brcacha any of Ihe trnns hereof including wartantia of Sella or if �he Sella becomes insolvenl or commits acls of bankfuptcy. Such right ofcancellation is in addi�ion to and nol in lieu of any o�htt rcmedia wh�ch Bu�er may have in law or equity. I 5. TERMINATION. The per(ornance of work wdn �his order may be tertninated in wlwk, or in part by �he Buyer in accordance wi�h this pfovisioa Tertnination of work hereunda shall be efl'atcd by the delivery of �he Sella of a"Notice o( Temuna�ion" specifying the atrnt �o which perfornwke of wofic unda the order is trnninated and the date upon which such trnnination becoma effectiva Such righ� or �mnina�ion a m addnion lo and rat m heu of the righ�s of Buyer set fonh in Clauce 14, hereia 16. FORCE MNEURE. Neitha party shall be held raponsible for lossa, raulung if �he fulfillmem of any tems of pmvisioa of �his contrac� is delayed or prcvrnted by any wuse nol within the contm� of �he party whox pafo�mance is interfercd with, and which by Ihe exrncise of reasonable diligence said party is u�ble to prcvmt. 17. ASSIGNMENT-DELEGATION. No righ� or intera� in this comrac� shall be assigned or delega�ion of any obligation made by Sella withaut �he writtrn pmniuion of the Buyer. Any attempled assignmem or delegation by Sella shall be wlwlly void and totally ine(fative for all pulpose unlas made in conformily wilh ihis paragraph 18. WAIV ER. No claim or right arising out of a�each o( lhis wntratt can be discharged in wlale or in part by a waiva or «nuncia�ion of �he claim or right unless the waiva or rcnunciation is supponed by considera�ion and is in writing signal by Ihe aggrieved party. 19. INTERPRETATION-PAROLE EVIDENCE. This writing, plus any spxificationt for bids and ptt(ormance provided by Buyer in its advatixment for bids, and any olher documen�s provided by Seller as pan of his bid, is imended by �he parlies as a final exprasion of �heQ agrcemen� and inimded also as a complete and ezclusive statemenl of the tmnc of the'v agrmrcnt. Whenevtt a tmn defined by the Unifortn Commercial Code is used in this ageanem, U�e defini�ion contained in �he Code is to comml. 20. APPLICABLE LAW. This agrxment shall be govm�ed by ihe Unifofm Commercial Code. Wherever �he trnn "Unifotm Commacial Code' is uud, it shall be co�uYrued az meaning the Unifolm Commacial Code as adopted in the State of Tacas ss eRcctive and in force on �he dau of this agreemrnt. ? 1. RIGHT TO ASSURANCE. Whenever one parry to this rnntract in good faith has reason to quation Ihe o�her pany's intent to perform he may demand �hat Ihe other party give wriltm asswance of his intem to perfortn In the event that a demand is made and no assufance is given within five (S) days, the demandinB Party may treal this 6ilurc as an an�icipatory rcpudia�ion otthe contract. 2?. MDEMNIFICATION. Sella shall indemnity, keep and save harmlas the Buyer, its agmts, o�cials and employces, against all injuria, dw�hs, loss, damaga, claimt. Patrnt claims, suiLs, liabililia, ludgmmts, msts and expensa, which may in anywiu accrue against Ihe Buyer in consequence o! lhe granting ot Ihis Contraa or which may anywise rauh thttefrom, whe�her or not i� shall be alleged or ddmnined Ihat the act was wused through negligaxe or omiaion of the Sella or its rn�loyas, or of the subSella or assignee or its employea, if any, and the Sella shall, at his own expense, appear, deknd and pay all charga of auomrys and all costs and otha ezpenses arising Iherefrom of incurted in wnnation Ihemvith, and, if anyjudgment shall be rcndefed against the Buyer in any such aclion, Ihe Seller shall, at its own expenus, utisfy and discharge the same Seller ezpressly wderstards and agrea lhat any bond rcqu'ved by this conuact, or othmvise provided by Sella, shall in no way limit the respo�ibility to indemni(y, kap and save ha'mlas and defend �he Buyer as herein pmvided. ?3. TQdE. 11 is hereby exprasly agreed and undastood tha� time is of the �ence for the performance of this comract, a�d failure by wm(act to meet lhe time specifiwtiont of this agrcement will cause Seller to be in default of this agramem. 24. MBE. The Cuy of Lubbock hereby no�ifia all bidders Ihat in regard �o any contrncl rntaed into pursuant to �his «quat, minority and womrn buin�ss enteryrisa will be afforded equal opportunitia ro submil bids in raponte to this invuation and will not be discriminated against on the �ounds o! rac0. color, uz or natural origin m wnsideration for an awa�d. 25. NON-ARBITRATION. The City farna the righ� �o exercite any right or mnedy to it by law, wntract, equity, or othmvise, including without limiwtion, the right to seek any and all (orms of rclief in a coun of competrnt jurisditlion. Fwther, Ihe City shall not be subject to any arbitration pmcess prior lo exercising its unra[ricted right ro seek judicial remedy. The remedia sd (onh hercin arc cumulative and no� exclusive, and may be exacised concurtrntly. To the extent of any wnFlict bnwan this provision and a�rolha p�ovision in, or rclated �o, this document, lhis provision shall contml. ?6. RIGHT TO AUDIT. At any time during �he tmn of the contrna, or thercaRtt, the City, or a duly autlarized audit repramwive of �he City or the Swe of Texas, at i�s ezpense and at'eazonabk tima, raerva the right �o audit Contractors recorda and books rclevant to all services provided �o the City wda this Contraa. In the evrnt such an audi� by lhe City revwLs any arors or overyayments by �he City, Comraaor shall rcPond the City �he full amomt of such overyayments wi�hin th'uty (30) days of such audit findings, or �he City, at its option, resma the right to deduct such amom�s owing lhe City from any payments due Contrattor. 27. The Contranor shall not atsign or wbltl the wntracl, or any ponion of the contract, wittwut wrinrn consent Gom �he D'vator of Purchazing and Contact Marwgemmt. ?8. Contracts wuh Compania Engaged in Businar with Iran, Sudan, or Forcign Tertortt� Organ'va�ion Prohibi�ed. Pursuan� to Seaion ??52.152 of the Tenaz Govemment Code, pmhibits the City from entering into a contract wuh a vendor that is identified by The Complrolla as a company known lo have conl2cts with or pmvide supplies or service with Iran, Sudan or a foreign �morist organaation ?9. Texaz Govemmem Code. Sation 2?52.908 requ'ves a business emiry entaing into cenain cont2cls with a govanmental rntiry or sta�e agmcy ro file with �he govemmental rntiry or state agrncy a d�scbsurc o(interated partia at �he �ime �he business entily submils Ihe signed contract to �he govemmental mtity or s�ate agrncy. Irtstruaio� (or compining Forn� 1295 are a�ailable at: Jp://eww.ci.lubbock.u.us/dmartmental- websilaJdrnanmenls/yurehasindvendor•infomwl ion 30. No Boycott of IsraeL Pursuant to Sepion 2?71.002 of the Teaeas Govemment Code, Rapondrn� cenifies that tither (i) it meels an uemption aiteria under Salion ?271.002: or (ii) it doa not boycott Israel and will no� 6oycott Isael during Ihe Irnn of the wntraa r�suhing from this solicita�ioa Respondenl shall s�a�e any facts thal make it exemp� Bom the boycon cMifiwtion in us Responu. 31. No Boycott of Energy Campanies. Pursuam to Sectan 2274 of Ihe Teaaz Govemmenl Code, Rapondrnt certifia that enher (i) it mens an exemption criteria under Sation ?274.00?; or (ii) it doa not boycott Ene�y Compania and will not boycolt Ene�y Companies during �he �mn of �he contract rauhmg from Ihis solicilalion. Rapondmt shall slate any facts Uu� make it exemp� @om the boycotl certificalan in its Raponse. 3?. No Boycou of a Fircarm Entity or Fireartn Trade Association. Pursuant to SMion ?274 o(Ihe Texas Govemment Code, Rapondrnt eMifia �lut either (i) it meets an exemption criteria unda Sec�ion ??74.00?; or (ii) it do�s not boycott a Fuearm Entiry or Fuearm Tade Aswciation and will fro� boycou a F'vearm Entity or Fvearm Trade Assocwtion during the Irnn of �he contraa Iesulting from �his solici�ation. Rapondrnt shall sWte any fac�s that make i� exemp� Bom the boy+colt certification in its Raponse. 33 Contrac�s with Companies Engaged in Businas wilh 12q Sudan, or Forcign Trnorist Organ'vatian Prohibiled Pursuant �o $ation 2252.152 of the Texas Govemment Code, prohibits the City trom enlering into a contract with a vendor Ihat ts identificd by The Compuoller as a company known �o have contracls wnh or pfovide supplia or urv�ce wilh Iran, Sudan or a forcign tertorist organ'valion 14 TEXAS PUBLIC INFORMATION ACT. The requircmems of Subchap�tt J, Chap�er 552, Govemment Code, may apply �o Ihis contract and �he contractor or ve�or agrees �hat the conhaq can be trnnina�ed if the comractor or vendor knowmgly or intrntionally Fails lo comply wilh a requircment of �ha� subchap�er 35 Pursuant a Seaion 55?.301(c) of fie Teaat Govemmenl Code, lhe Cily of Lubbock hu daig��ed �he folbwmg emaJ addras for which public information rcques�s may be made by an emailed rcques� o��mvlubbock.�. Pkase und �htt rcquat to �his email address for i� to be pmcased REV.320?? City of Lubbock, TX Purchasing and Contract Management Vendor Acknowledgement Form ln compliance �vith the Invitation to Bid, the undersigned Bidder having examined the Invitation to Bid, instructions to bidders, General CondiNons of the Agreement, Specifications, and being familiar with the conditions to be met, hereby submits the following bid for furnishing the materiai, 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 focm 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 alteroate bids, additions or altematcs in lieu of the items specified, if the unit priccs are obviously unbalanced (either in excess of or below reasonably expected vatues), or irregularities of any kind. The Invitation to Bid is by rcfcrence incorporutcd in this contrac� 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 othenvise specified herein, the City may award the bid either item-by—item or on an all-or- none basis [or 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, t6e City may mske multiple awards, selecting multiple vendors to provide the products desired, if muldple awards sre in the best iaterest of the City. A decisioa to make a muttiple award of this Bid, however, is an option reserved by the City, based on the needs oi the City. PAYMENT TERMS AND DISCOLJIVTS - Bidder offers a prompt payment discount of �%, net �_ calendar days. Discounis will not be considered in determining low bid. Unless otherw�se indicated on the Bid Fortn, 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 withia the stipulated number of calendar days after the date of receipt by the Ciry 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 chazged anyone else, includiag its most favored customer, for like quality and quantiry of the products/services; does not include an eleraent of profit on the sale in excess of that normally obcained by the Bidder on the sale of products/services of like quality and quantiry; 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, suppGer agrees to noNfy 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. [NTERLOCAL 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 contrac� 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 govemmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would aPP�� City of Lubbock ITB 24-17741-TF Friction Testing Equipment for LPSIA Bid Form Runway Safe, [nc. Locallon Logan Township, NJ Total $68,643.00 # Item Description Quanrity Required Unit Total Delivery (+/-) UOM Price Cost Days -- ._�..._ _ _ _, __,--_`_. ._ - - �;.�:- , .,.{-_,..,.<<;, -;..,:, _ ,,. ,,,- � . �:, ` ,,� � �'; -'�_;• ; j� ' 1.:.�rL+n�' —a.�_..� ��.' � :."r'�'= _—_ _ _ _'- L" .L3:.a_i.�_:i..,c..,Y # 1-1 Continuous Friction Measuring Equipment Complete System — Trailer Mounted, as 1 EA $64,643 $64,643.00 30 specified. #1-2 Water Tank, as specified. 1 EA $0 $0.00 30 #1-3 Delivery and Assembly, as specified. 1 Per Day $4,000 $4,000.00 30 #1-4 On-Site Training, as specified. 1 Per Day $0 $0.00 30 Other governmental entities that might have interests in this contract are Frens6ip Independent School District, Lubbock Aousing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School Dtstrict, 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 endties utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services undcr the contract(s) awarded as a result of this solicitation. All purchases by govemmental entities other than the City of Lubbock will be billed d'uectly to that govemmental entity and paid by that govertunental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entiry will order their own materials/service as needed. A.DDENDA Bidder aclmowledges receipt of addenda issued in regazd to this solicitation: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date II�ISURANCE REQUIREMENTS I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance AgentBroker. If I am awarded this contract by the City of Lubbock, I will be able to, within tea (10) business days after being notified of such award by the City of Lubbock, futnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. lf the time requirement speci8ed above is not met, the City has the right to reject this proposal and awazd the contract to another contractor. If you have any questions conceming these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. SUSPENSION AND DEBARIV�NT 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 transacNons include procurement contracts for goods or services equal to or in excess of $25,000 and all non-procurement transacrions (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 aze not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your fum, you must certify that your organization and its principals aze 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 COVERNMENT 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. I 52, 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 compaaies on the website of the Comptroller of the State of Texas, which do business with ]ran, Sudan or any Foreign TeRorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certifies the following: i. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the convact. The following definitions apply to this state statute: (1) "Boycott israel" means refusing to deal with, terminating business activities with, or otherwise taking any acdon that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entiry 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 parmership, limited liability partnership, or limited liabiliry company, including a wholly owned subsidiary, majoriry-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This Certiiication is required from a Company if the Company 6as 10 or more full-time employees and tbe 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 pubitc 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 diseriminates against a firearm entiry or firearm trade association or (2) the verification required by Secrion 2274.002 of the Texas Govemment 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, punuant 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 wacrants 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 Govemment 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 Govemment Code Chapter 2274, it docs 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 detemunes thut 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. 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 ACKNUWLEDGEMENT In compltance with tbis soUcitation, tbe undersigned bidder, having eiamined the bld documeats, ins#ruclions to bidders, documeots a�soclated with the inWtadon to bid, and being famillar wit6 t6e condiHons to be met has rer�ewed the above intormaHon regerding: • Insnrsace Requirements • Suspension �nd Debarment CertlflcsHon • Teias Government Code Section 2252.152 • Tes�s Government Code SecHon 2271.002 . Texas Govern�nent Code 2274 SUBMISSION INFURMATIUN A� individual sut6orixcd to bind the company must sign thc following scction. Failurc to execute this pnrtion may result in bid rejection. Tf�IIS BID T5 SUBMT#"FED HY '\ kYl Wa Sa�� X'•� c. a corporation organized under the laws of the State of �elaux.•rQ , or a paimership consisting of or individual trading as of the City of T�mNo.: �6--4��y�9� Aa�: aa39 !-1; 1,� N,11 Rbad City:_ �oc�+ Towh51�._,� ,_ State: �%T Z�p: 0 80 85 !HI'WBE Firm: Woman Black Americaa � _ I Nadve � Hicnanic American AS18n PaCl6C AmC[IC8t1 Other I Please complete t6e informallon below. Date: � / � � ( � n 2 i - must sign by hand Officer Name and Title: Tod �. ..Gr+rss� cJC � �u s��c r! U+���� I�ct.��r Business Telephone Number $ S6' S �$� b Sq� FAX: �mail Address•-- �odd . �ttSS; c � _ �uv14��� ct�e �,C o w1,�, - . - . City of L.ubbock, TX ITB 24-17741-TF Friction Testing Equipment for LPSIA Specifications Background: Lubbock Preston Smith International Airport (LBB) is soliciting bids from qualified companies to purchase continuous friction measuring equipment (CFME). The CFME will be a trailer-type unit capable of being towed by standard pick-up trucks. The equipment will allow for pavement friction testing during inclement weather (snow and ice removal) and for routine pavement maintenance (pre and post rubber removal). The CFME will comply with the requirements of Federal Aviation administration (FAA) Advisory Circular 150/5320-12 (current version), "Measurement, Construction, and Maintenance of Skid-Resistant Airport Pavement Surfaces", and Advisory Circular 150/5200-30 (current version), "Airport Field Condition Assessments and Winter Operations Safety". Minimum Requirements: To be considered a responsible bidder, the CFME must meet the following requirements: 1. Supplier must provide support services and have CFME parts in stock. 2. Supplier must provide maintenance, repair, and calibration services. 3. Supplier must provide cost and recommended frequency of calibration. 4. Supplier to provide water tank options and costs of each option available for standard pick-up trucks. 5. Water tank capacity options will allow for a complete friction survey of 40 and 60 mph for an 11,000 foot runway with all necessary devices to deliver the required water flow to the CFME in tow. 6. The CFME will be equipped with a device that will allow the operator to regulate water flow from within the vehicle. 7. Supplier must provide equipment delivery and set-up options with costs. 8. Supplier must provide airport employees with on-site training with costs. 9. The CFME is capable of automatically providing the operator with a selection of average friction values for both 500 foot intervals and one-third segment of runway length. 10. The CFME will contain a self-wetting system that distributes water in front of the friction measuring wheel at a uniform depth of 0.04 inch. 11. The CFME will be able to conduct friction surveys at speeds of 40 and 60 mph. 12. The supplier will provide all operations and maintenance information. 13. The CFME will contain all necessary devices for on-site calibration. 14. The CFME will include remote data transmitting capability from measuring equipment to operator vehicle and have the capability to visually present data to the vehicle operator. 15. The CFME software will provide for immediate electronic and printed reports. 16. The CFME software will include office computer system software as well as a wireless network to allow retrieval of historical and live data. The software and hardware will be compatible with Windows operating systems. 17. The CFME will be furnished with measuring tires which are designed for use in conducting friction surveys and meet ATSM standards E-5551 or E-1844 as appropriate. CERTIFICATE OF INTERESTED PARTIES FORnn 1295 lori Complete Nos. i- 4 and 6 H there ere Interested parties. OFFICE USE ONLY Complete Nos, l. 2, 3, 5, and 6 It there are no Interested parties. CERTIFICATION OF FILING i Name of buslnesa entity filing form. and the city, state and counuy of the buslness entitya place CerUfleate Number: of business. 20241117613 Runway Sate Logan Tovmshlp, NJ United States Date Filed: 2 Name of govemmen ent ty or stata ageney tnat s a pury to t e eonuact or e e torm s OL30/2024 being filed. City Of LubbOCk Oate Aeknowledged: 3 Provlde the identificatio� number used by the govemmental entity or sfate ageney to track or fdentify the eontract, and provide a desuipUon of the services, goods, or othe� property to be provided under the contrat�t. ITB 24-1T741-TF Friction Testing Equipment (or LPSIA Nature of interest 4 Name of Interested Party Ciry, State, Country (place of business) (eheek applleabte) ConVoltin Intermediary 5 Cheek only H there (s NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name Is / o a�o� (� r� cs �'c% , and my date oi birth is Myaddressis aa39 �'1�s�► �i�� �ond • �. , NS . 0�055 . I.l�, (slrseq (db) (state) (8p oode) (ea+nuY) 1 declare under penaly of per�ury that lhe (orepoing is true and corred. Executed In �lH k C e S�-cv� Counry, Stete oi . on Ihe �day of V Q�, 20�. (^w^Ih) lYear) Slgnature o1 authorized agent ot convacdng business enUty (Dederanl) Forms provided by Texas Ethics Commi�reatec�f�����Scanner Version V3.5.1.9000c47( CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1of1 Complete Nos. l- 4 and s if there are interested parties. OFFICE USE ONLY Complete Nos. l, 2, 3, 5, and s if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2024-1117613 Runway Safe Logan Township, NJ United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/30/2024 being filed. Ciry of Lubbock Date Acknowledged: 01/30/2024 g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 24-17741-TF Friction Testing Equipment for LPSIA Nature of interest 4 Name of Interested P Ci State, Count lace of business arty ty, ry (p ) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. � 6 UNSWORN DECLARATION My name is , and my date of birth is My address is , (street) (city) (state) (zip code) (country) I declare under penalry 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 entiry (Oeclarant) Forms provided by Texas Ethics Gommission www.ethfcsstate.tx.us Version V3.5.1.9000c47f