Contract - Doggett Freightliner of South Texas - 9/28/2023 CITV OF ROUND ROCK AGREEMENT FOR
THE PURCHASE OF HEAVY DUTY TRUCKS,TRAILERS,
PARTS,MAINTENANCE AND REPAIR SERVICES
WITH
DOGGETT FREIGHTLINER OF SOUTH TEXAS LLC
TH E STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS.
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS AGREEMENT for purchasc of hcavy duty trucks, trailers, parts,
maintenance and repair services, and for related goods and services, (referred to herein as the
"'Agreement""), is made and entered 'into on this the ltr'0 day of (he month of
...........
2023 by and between the CITY OF ROUND ROCK, a Texas home-rulc
hose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299
(rcfcrred to hcrcin as the""City"'), and DOGGETT FREIGHTLINER OF SOUTH TEXAS, LLC,
whose mailing address is 3004 Tom Gary Com Round Rock,Tcxas 78665 (rcfeffed to hcrein as
the"Vendot").
RECITALS.
WHEREAS, City desires to purchase heavy duty trucks, trailers, parts', maintenance and
rcpair services; and
WHEREAS, City has issued its "Invitation for Bid-01 for the provision of said services;
and
Agreenien, to set forth 'n wflflng their
WHEREAS, the parfles desio,",,e to enter 1"tito this
rcspeei,I've rights, duties, and obligations,,,
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the ii,i,utual promises contained herein and other good and
valuable cons i deration, the sufficiency and receipt of wh ich are hereby acknowledged, it is
mutually agreed between the parties as f61lo%vs1:
1,01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specificd sery ices and Vcndor 'is obligated to provide same. The
Agrcement includcs, the fbllowlng., (a) City's. Invitation for Bid, designated Solicitation Number
23-012 dated April 2023 ("'IF13 (b) Vcndor"s Rcsponse to IFB- (c) contract awards and (d)any
4876 2 966-.8 972 0 tspus 2!
291
exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts 'in the contract
documents shall be resolved by giving preference 1"n the following order:
(1) This Agreement;
(2) Vendor's Response to IFB,;
(3) City's Invitation for Bids,exhibits,and attachments.
means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Da(e means the date upon which the binding signatures of both parties
to thi$, Agreement are affixed,,,,
D. Force Majeure means acts of God, strilkes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, nots, epidemics,
landslides, lightnillng, earthquakes, fires, hurricancs, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials,
commodities, or equipment.
F. Vendor means Doggett Freightliner of South Texas, LLC, its successor or
assigns.
2.01 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each part hereto, and shall remain in full force and effect unless and until it expires by operation
of It he I e i i nd[cat ed herel n, or i s term i n In.
�ted or extended as provided h Ireq J
B. The term of tills Agreement shall be for sixty (60) nionths from the cffecti've date
hereof.
CCity reserves the right to review the rcldtionship at any timeand may e
. , icct to
1 erni 1 alate I h I s Agreement w ith or w,it hout cause or may e lect to cont i nue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods as outlined in the Part IV, Specifications, orthe
IFBand the Response to 1FB submitted by Vendor as descn'bed in Attachment A: Bid Sheet i
, n
Exhibit "'A.11% The 'intent of these documents is to forinulate an Agreement listing the
19
responsibilities of both parties as outlined in the 11'13 and as offered by Vendor in its Response to
the lFB.
2
The services which are the subject matter of thi's Agreement are described m Exhibit ""A""
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agrccmcnt as if repcated licrcin in full.
4,01 ITEMS AWARDED AND SCOPE OF WORK
Items AwardedAll bid items in Attachment A: Bid Sheet of Exhibit "'A"" are a%varded
. to
Vendor.
�
Scope of Worke. For purposes of this Agreement, City has issued documents delineating the
required services (specifically 1FB 23-012 dated Apn'l 2023). Vendor has issued its response
agreeing to provide all such required services in all specified particulars. All such referenced
documents are included in Exhibit ""A"" attached hercto and made a part hcreof for all purposes.
When taken together with the appended exhibits, this Agreement sliall evidence the entire
understanding and agrecment betwccil the parties and shall supersede any prior proposals,
correspondence or discussions.
Vendor shall satisfactorily provide all services described undcr the attached exhibits
within the contract term specified in Section 2,01. Vendor's undertakings shall be limited to
performing services for City and/or advising City concerning those maucrs on which Vendor has
been specifically cngaged. Vcndor shall perform its serviccs in accordance with this Agreement,
in accordance with the appended exhibits,-, in accordance with due care, and in accordance with
'ling industry standards for comparable services.
preval 1
5*0 1 COSTS
A. In consideration for the services to be perfonncd by Vendor, City agrecs to pay
Vendor the amounts set forth in""Attachment A: Bid Sheet""of the attached Exhibit '"A."
B. The City shall be authorized to pay the Vendor an amount not-to-exceed Two
N11"llion and No/100 Dollars(S2,000,000,,00) for the terrn of this Agreement.
6.01 INVOIC S
All invoices shall includc, at a nummum, the following information-,
A. Name and address of Vendor:
B. Purchase Order Number,
C. Description and quantity of items receivcd or serv ices provided,,and
D. Delivery or perforniance dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING/ PURCHASING
Audiority for local govcrnments to contract with onc anothcr to perform certain
governmental functions and services, including bu( not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subehapter
F, Section 271.1 l and Sect i"on 271,102.
Othcr govcrnmcntal entities within the State ofTexas may be wended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful service
pider(s) and the City. Such agreement shall be conclusively inferred for the Vend r from
ro%� o
lack of exception to this clause in the service provider's response. However, all parties hereby
expressly agree that the City is not an agent of, partner to, or representative of those outside
agencies or entities and that the City "i's not obligated or hable for any action or debts that tray
6 1P
arise out of such independently-ncgotiaied piggyback"'procurements.
8.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement 'i's a commitmcrit of 0''ty's current revenues only. It is understood and
agrecd that City shall havc the right to termi"nate this Agreement at thic cnd of any City fiscal year
if the governing body of City docs not appropriatc funds sufficient to purchase the scrviccs as
determined by City"s budget for the fiscal year in question. City may affect such termination by
gi ving Vendor a wn"tten notip ce o f term 1 nation a(the end o f*1 ts then c uffent fi scal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chaptcr 2251, V.T.C.A., Texas Govcrnnient Code, payment to
Vendor will be made within thirty (30)days of the day on which City receives the performance,
supplies, maten*als, equipment, and/or deliverables, or within thirty (30) days of the day on
which the pci-fomance of services was complete, or within thirty (30) days of the day on utich
City receives a correct invoice for the performance and,lor deliverables or scrvices, whichever is
later. Vendor may chargi interest on an overdue pay e t at the k&-rate in effect"' on Seotcrriber I
m yj
of the fiscal year in which the payment bccomcs overdue, in accordancc with V.T.C.A., Texas
Government Codc, Scction 2251.025(b)- however, this Policy does not apply to payments made
by City in the event-,
A. There is a bona fide dispute between City and X"endor, a contractor, subcontractor
or supplier about the goods delivered or the service perforincd that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or
p
statute pre%,cnt •
City fronn
making a timely payment with federal fundes; or
C. There i's a bona fidc dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the semice performed
that causcs the payment to be late;or
4
u
D. Invoices are not mailed to City in stn'd accordance with instructions, if
on
P
the purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City
by written notice to
cancel this Agreement without liability to Vcndor
Y Vendor,
if it is detennined by City that gratuities or bri"bes in the form of entertainment, gifts, or
othcrwisc were offered or i ,III:: ■ ® ® +
ven by Vendor or its agents or
ves to any City
F
ive *th respect to the perfonnance of this i
}
addition, In
i subject L L ■
Code.
11,01 TAXES
City is exempt fronn■ ■ yps Excise
u ■
included
therefore, tax shall not be
■
s
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as spccified, City reserves the right and option to
obtain the products from another supplier or su r
13,01 INSURANCE
Vendor shall mect all insurance requiremcnts set forth Part II of
19-030 and on the
•
i City's i
4
„w. �,Ip I■;:�, ��,�i.r ��i `I,.I I ;,rRr� I%orr u ,N..,...I,:ru. arm ;,I�I'�,�� f, �irr� r„ II-�Y � � '� ,I��w ..", uwl I I
I
ur�
wy,viu�■dem,,,;:, ,,,,,�',,ur w,mw■■ ilmwi illl I �����Ilm"il�i(immil "umim immi it
14,01
City hercby• r designates • r • :m 'Its
w rm
the following representativcs
zcd to act
th
u
Agreement*.
Chad McDowell
Director of General
Services
Rock,212 Commerce Cove
Round
Tcxas 78665
512-341-3191
I■ wm�,�nn I�iuuuuul Villlllllllllllllllllllllllllllllllllllw��mu�ml 'I iwml�lli■mllllllllllll�ilYllollllllmmlmm liilll I �if r��mmnm Illllll�llmm����mlli������� ����mr".I,,,���w"
1111111 ra mmr..
15,01 RIGMT TO ASSURANCE
Whcnever either party to this Agreemcnt, in good fafth, has rcason to clucstion the other
party"s intent to perforin hercunder, then dennand may be made to the othcr party for %4,61'tten
assurance of the intent to perforni
i � U
+ In the event that no IJUrflten assurance is gi■ ■ y..,vren �u a
a
5
reasonable time specified when demand 'is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.0 1 D E FA U LT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrecs that it may bc charged the difference in cost,9 if
any, and that it will not be considered in the re-adverlisement of the service and that it may not
bc considered in future bids for the same type of work unicss the scopc of work 'is significantly
changed.
Vcndor shall bc dcclarcd in default of this Agreement if it does any of the following:
A. Falls to make any payment in ffill when due-,
B. Fails to fully, timely and faithfully perform any of its matefial obligations
under this Agreement;
C. Falls to provide adequate assurance of perfon-nance under the "'Right to
Assurance"section hcrcin;or
10
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
17.011 TERMINATION AND SUSPENSION
A. City has the right to tcnninatc thi's Agreement, in whole or in part, for
convenience and without cause,at any time upon thirty(30)days" wn'tten notice to Vendor.
B,, In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10)days written notice to Vendor.
C. Vendor has the right to tenninatc this Agreement only foj cause, that being in tlic
event of a material and substantial breach by City,, or by mutual agreement to terminate
evidenced "in%vriting by and bew,cen the parties,,
D In the ,,,,R,t City temlinates under subsections (A) or (B) of this section, the
Wer the referenced notice to Vendor, Vendor shall
following shall apply:�� Upon defix�, y of
discontinue all ser%rices in comicction with the perfomiance of thi's Agrccment and shall proceed
to cancel promptly all existing ordcrs and contracts insofar as such orders and contracts are
chargeable to this Agreemem, Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and;or services satisfactorily perfonred
under this Agreement to the date of term]nation., City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendorl's not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
fp
18,01 INDEMNIFICATION
Vcndor shall dcfcnd (at die option of City), indcmnify, and hold City, its succcssorsl,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, atiorneylps fees, and any and all
other costs or fees arising out of,or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under thi's Agreement, no matter how,or to whom,such loss may occur. Nothing hercin shall bc
deemed to limit the rights of City or Vendor (including, but not limited to the right to scek
C i-ibution)against any third party who may be liabic for an indemnified clai
ont I I I Im.
19.01 COMPLIANCE WITH LoAWS,CHARTER,AND ORDINANCES
A. Vendor, 'its agents, employees and subcontractors shall use best efforls to comply
with all applicabic fcderal and state laws, the Charter and Ordinanecs of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards,bureaus and agencies.
B. I n accordancc wi th Chapter 22 7 1,Texas Government Code, a govemmental ent ity
may not enter 'Into a contract with a company for goods and services unless the contact contains
w Wen verification from the company that it: (1)does not boycott Isracl- and(2)will not boycott
n 9
Israel dun'ng the terms of this contract. The signatory executing this Agreement on behalf of
Vendor vei-ifies Vendor does not boycott Israel and will not boycott Israel during the term of this
Agreement.
C. In accordance with 2274, Texas Government Code, a govenimental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundrcd Tbousand and No/100 Dollars ($100,000.00) unless the contrao has a
provision ventying. that It: (1) does not have a practice, policy, guidance, or directive that
discriminates against a fircarm entity or firearm trade association; and (2) will not discriminate
dun"ng the term of the contract against a firearm entity or firearm trade association.The signatory
executing this Agrecni,cn t on beha I f of Vcndor verl fil�s Vcndor does not have a praf t 1 ce, po I I cy
*dance, or d'rcct*v that d'scr'm' 4 1 1 ion, and
gul I I e I i inates against a firdarm enfity or firearm trade assoc'al'
a wlill not d'scr'ni'nate dur'ng the tenii of th's Agrcement aga'nst a fireann enfity or fireami trade
It I I I I I 1 1
4 ,
association.
D. In accordance with 2274, Texas Government Code, a goverrimental entity may
not en ter in to a con tract w 1 th a company w 1 th at I cast ten (10) ful 1-t i me emp I oyees for a va I ue of
at least One Hundred Thousand and No/100 Dollars (S100,000.00) unless the contract has a
ff 'ng that *t& (1) does not boycott energy companies-r
and (2) w'11 not boycott
provision eri yi
energy companies dur ,ing the term of this Agreement. The signatory cxecuting this Agreement on
behaIr of Vendor verifies Vendor does not boycott energy companies, and it will not boycott
energy companies during the term of this Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties each hercby bind themsclvcs, thcir successors, assigns and Icgal
0
representatives to each other with respect to the terms of this Agreement. Neither parly shall
assign, sublet or transfer any interest In this Agreement without i0r written authorization of the
other party.
21,01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
I When delivered personally to the recipient"s address as stated in this Agreement-,
or
2. Three (3) days after being deposited in the United States mail, with postage
id to the recipient"s address as stated in this Agreement.
prepal I I I I
Notice to Vendor:
Doggett Frelghtliner of South Texas, LLC
3004 Tom Gary Cove
Round Rock, Texas 78665
Notice to 010,.-
Laurie Hadley,City Manager Stephan'lc L. Sandre,City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock,TX 78664 Round Rock,TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
coni m u n 1 cat 1 ons betweeill representa t i'ves of C Ry and V+d or.
22,01 APPLICABLE LAW, ENFORCEMENT,AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action Is
necessary by cither party with respect to the enforcement of any or all of the terms or conditi(Mis
herein, exclusive venue for saine shall lie in Williamson County,Texas.This Agreement shall be
govcmcd by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSI'VE AGREEMENT
This document, and all appended documents, constitutes the entire Agrcement between
Vendor and City. This Agreement may only be amended or supplcmcnted by mutual agreement
of the parties heretoin writi'ng,duly authorized by action of the City Manager or City Council.
24,01 DISPUTE RESOLUTION
City and Vcndor hcrcby cxprcssly agrcc that no claims or disputcs bewcen the parlics
arising out of or relati ng to this Agreement or a breach thereof shall be decided by any arbitration
proceedingincludi
, ng without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14)or any applicable state arbitration statute,
25,01 SEVERABIL11"Y
The invalidity, 'Illegality, or unenforceability of any provision of this Agreement or the
occurrence of any rendei-ing any portion or provi I si I on of thi's Agreement void shall i
eventn no
way affect the %validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed seNoered from this Agreement, and the balance of this Agreement
shall be constnied and enforced as if thi's Agreement did not contain the particular portion or
provision held to be vol"d. The parties further agree to amcnd this Agreement to replacc ally
stncken provision with a valid provision that comes as close as possible to the intent of the
stricken provisioniii, The provisions of this section shall not prevent this entire Agreement from
being vold should a provision which is of the essence of this Agreement be detennined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsib ilities and duties specirted herein and
that such scrvices, responsibilifies and duties shall bc performed in a manner according to
generally accepted industry practices.
Time 'is of the Essence. Vendor undcrstands and agrees that ilmc is of the essencc and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a maten'al breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordancc with the terms of this
Agreement. Where damage 'is caused to City due to Vendor"s failure to perform in these
C1�uinstances, City may pursue ty remedy available without m' '
!
,lalver of any of Citys addition I
legal rights or remedies.
Force Majeure. Ncithcr City nor Vendor shall be deeined in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agrecment may be cxccutcd in multiple counterparts, any
one of which shall be considered an original of this document: and all of which, whcn taken
together, shall constitute one and the same instrument.
[signatures on the following pagc.]
9
IF
IN WITNESS WHEREOF, City and Vendor have exccuted thi's Agreement on the dates
indicated.
Cit Doggett Fri `1
1 y of Round Rock,Texas of South Texas, LLC
gg " Fr
e
By- I 6
IBye
0
M Rol
.....................
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.... ..........
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Printed Nall", Printed kl�e
Title: Titic:
...................
Date St Date Signed-
............
-,=.......................
Attest
Imp".
..............
cagan Spl' Ci
Ci lerk
For City,Approved as to Formll,
By: r
0I
-�t ohanic L. Sandr
cphanic L. Sandre,City Attomcy
Exhibit "A"
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664,-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
HEAVY DUTY TRUCKS, TRAILERS, PARTS, AND
REPAIR SERVICES
SOLICITATION NUMBER 23-012
APRIL 2023
City of Round Rock Exhibit
Heavy Duty Trucks,Trailers, Parts, and Repair Services
1FB 23-012
C lass/item: 065-86/060-00 1073-00/928-87
April2023
HEAVY DUTY TRUCKS,TRAILERS,PARTS,AND REPAIR SERVICES
PART I
GENERAL REQUIREMENTS
I PURPOSE AN D BAC KG ROU N 11): The C ity of Rou nd Rock, herei n after"the C ity"seeks a bid from fi rrns
experienced in providing heavy duty trucks,trailers, parts, and repair services to support City operations,
The City Intends to multil-award this contract. The total contracts'value shall not exceed$400,000 per
fiscal year for the terrn of the contract.
2. SOLICITATION PACKET-- This solicitation packet is compnised of the following-
Descriptloh Index
Part I—General Requirements Page(s)2-5
.............
Part 11—Definitions, Standard Terms and Conditions,and Insurance Page 6
Requirements
Parl III—Supplemental Terms and Conditions Page(s)7-9
Part IV—Specifications Page(s) 10-11
Attachment A—Reference Sheet Separate Attachment
3. SCHEDULE OF EVENTS: It is the City is intention to follow the solicitation timeline below.
............a
EVENT DATE,
Solicitation released April 12, 2023
Deadline for submission of questions April 262023@5:
, 00PM CST
City responses to questions or addendums Approximately April 28, 2023 @ 5,000 PM1
■
CST
Deadline for submission of responses May 10,2023 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire in writing by 5:00 PM, CST on the
due date noted above.A copy of all questions submitted and the City's response to the questions shall be
posted on the City's webpage In the form of an addendum ato,
The City reserves the right to modify these dates. Notice of date change will be posted to the City ts website:
https://rou nd rocktexas.bonf i rehub-com
4. $0 LICII�ATION U PDATES" Respondents sh all be responsible for monitoring the City's website at
W!2����ktexas.bonfireh u b.com for a ny updates pertaining to the solicitation described herei n-Various
updates may include addendums,cancellations, notifications, and any other pertinent information necessary
for the submission of a correct and accurate response. The City will not be held responsible for any further
communication beyond updating the website.
5. 8,.ESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PMP
on the due date
noted in PART I, Section 3—Schedule of Events. The Offeror shall respond via the City's electronic bidding
platform, Bonfire:htt2s,.I/roundrocktexas.bonfirehub.com
A. This request for proposal(RFP)does not commit the City to contract for any supply or service.
B. No paper or submittals outside of Bonfire will be accepted by the City.
C. Responses cannot be altered or amended after digital opening.
Page 2 of I I
City of Round Rock Exhibit "A"
Heavy Duty Trucks,Trailers, Parts,,and Repair Servibes
I FB 23-012
Classlitem.- 065-86/060-00/073-00/928*87
April 2023
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F Samples and/or copies shall be provided at the Respondent's expense and shall become the property of
the City.
6. RESPONDEMI_QUALIFICATIONS:The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent
shall:
firms,corporations,'individuals,or partnerships normally engaged in providing heavy duty trucks,
trailers, parts, and repair services as specified herein and have adequate organization,facilities,
equipment,financial capability, and personnel to ensure prompt and efficient service to the City.
B. In order to confirm financial stability, the City may choose to review audited financial statements at any
time throughout the RFP evaluation process- Upon request, the Respondent shall provide two years
III
audited financial statements I including any notes or supplemental schedules within 2 business days of the
original request.
C. The Respondent shall include"in the proposal a 1111st of all litigation the company or its principals have been
involved in within the last three(3)years.
D. Be domiciled in or have a home office inside the United States., Respondents domiciled outside the
United States, or not having a home office inside the United States w• ill not be included for consideration
in this RFP process,
I n order to do business with the City of Round Rock you must be registered with the City's Vendor Database.
To register, go to: htt s�.//roundrocktxvendors.munisselfservice,,,com/Vendors/default.asp
7. RESPONSE Rg.0,.U1REMENTS*The Respondent, by electronically submitting their Offer, acknowledges that
he/she is an authorized representative of the Vendor, has received and read the entire document packet
sections defined above including all documents incorporated by reference, and agrees to be bound by the
terms therein. The Respondent shall include the following information with their bid response*
El Attachment A—Reference Sheet
El Acknowledged Addenda (if applicable)
8. BIEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to
accept any response deemed most ies
advantageousor to waive any irregularit
, or informalfties in the
response received that best serves the interest and at the sole discretion of the City. All solicitations received
may be evaluated based on the best value for the City. In determining best value, the City may consider:
A. Purchase price.
BReputation of Respondent and of Respondent'
. s goods and services.
'
CQuality of the Respondent
. s goods and services.
D. The extent to which the goods and serviI
ces meet the City s needs.
E. Respondent's past performance with the City.
F The total long-term cost to the City to acquire the Respondent's goods or services.
G. Any relevant criteria specifically listed in the soliclitation.
H. If the solicitation is evaluated with points, the respondent must earn a minimum of 15 points on criteria not
related to cost in order to be considered for contract award.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing.
Page 3 of I I
Exhibit
Trailers,City of Round Rock
Heavy Duty Trucks,
and Repair Services
Parts,
IFB 23-012
Class/item:
website,9. CERTIFICATE OF INIERESTED PARTIES- Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295"Certificate of Interested Parties"that is signed for a contract
award requiring council authorization.The"Certificate of Interested Parties"form must be completed on the
Texas Ethics Commission
and submitted to the CRy by the authorized agent of the
printed, signed,
Business Entity + *
th acknowledgment that disclosure is made under oath and under penalty of
ury prior to
final contract execution. Link to Texas Ethics Commission
.
info forml295.htm
10. EX PA ME COMMU NI CATION a Please note that to insure the proper and fa ir eval uation of a bid,the C ity of
Round Rock prohibits ex parte communication
d by the Bidder
City
(e.g., Official,
Employee,
City Consultant, or Evaluation Team member evaluating or considering the bids prior to the time a
evaluationbid decision has been made. Communication between Bidder and the City will be initiated by the appropriate
City Official or Employee in order to obtain information or clarification needed to develop a proper and
accurate *d. Ex parte communication may be grounds for r + r disqualifying s offending Bidder
from consideration
o a evaluation,
*
• PROTEST: in cons u Itation
The P urchasing.Manager for the C ity of Round Rock+ 1 . • t
Attorney,with the
ty
shall have the authority to settle or resolve any dispute concerning the
award of a contract. The Purchasing Manager may solicit written responses to the protest from other
interested
* s r in
writing+
•
protest,electronic mail to the City's Purchasing Department at
In the event of a timely
the City shall not proceed further with the solicitation or award of a contract
unless it
is
determined
interests City.
listed
The procedures for notifying the City of an alleged deficiency or filing a protest are
requirements,comply with any of these
the Purchasing Office may dismiss your complaint or
protest.
A. Nor to Offer Due Date.: If you are a prospective offeror for the award of a contract('Offeror)and you
a t s in
receiptdue date for s solicitation
o r •you must notify the + r
i
ty in writing ofthe alleged deficiency before that
giving the City an opportunity to resolve the situation prior to the
F
Offer due date.
B. After Offer Date:
* ■
award,n the solicitation process or the
you have the opportunity to protest the solicitation process, or the
time,recommended award as follows-
i. You must file a written notice of your intent to protest within four(4)working days of the date that you
know or should have known of the facts relating to the protest. If you do not file a written notice of
intent within this
you have waived all rights to protest the solicitation process or the
award.
You must file your formal written protest within ten(10)working days of the date that you know or
0
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been a s
closed. dates,If you know of the facts before those you must notify the City as stated +
section(A)above.
++oF in
include following information:
your
telephone
and email address
' number,
' the o solicitation
o number.
violated.c. a specific identification of the statutory or regulatory provision that you are alleging has been
0 ncluding 0
copes of any relevant
° protest,a detailed statement of the factual grounds for your
resolved;e. a statement of any issues of law or fact that you contend must be
and
review.f. a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City's
Rece pt of Timely
When the City receives a timely and complete written
the Purchasing
C. Protest: protest,
*
Manager, determinations:
Y4 7�
City
Exhibit
Trailers,
Heavy Duty Trucks, it Services
AprillFB 23-012
documents and i .
ii, Determine that no`decision
violationinterested
parties of the determination i
111. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested idetermination.
correctivebe canceled.As needed, i
i . A determination wiinessreceipt
actionv. Any written decisions by the Purchasing Manager shall be the final administrative
documentationthe City.
All ining to a protest will be kept on file at the City and are
City of Round Rock Exhibit "A"
Heavy Duty Trucks, Trailers, Parts, and Repair Services
IFI3 23-012
Class/Item: 065-86/060-00/073-00/928-87
April 2023
PART 11
DEFINITIONS,STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
I DEFINITIONS,STANDARD TERMS AND CONDII.IONS-0 By submitting a response to this solicitation,the
pondent agrees that the City's Definitions and Standard Terms and Condftions, in effect at the time of
release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on
the face of a purchase order. These can be obtained from the City's website at',
�h �d 1,te d�ea �en t ' urchasin�l_ In addition,the Supplemental Terms and
cit rtm s���
v'
siflo Iso fo s rt 0
r�sh a�1�a been rced a pa f the contract.
0c xa
t
CMit ons�st in S on
2. INSUB6,NCE. The Respondent shall meet or exceed all insurance requ.i I rements set forth in Standard
Insurance Requirements.The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at:hhltipl./Mvw.roundrocktexas.g2y/ciity,,,,,,deDartmiBnt�s/�urchas"InciI
Page 6 of I I
C4
of Round Rock Exhibit "A"
Heavy Duty Trailers,
Trucks,
1F13 23-012
Class/item:
April
following:
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM:* The terms of the awarded agreement shall include but not be limited to the
A. beginThe term of the Agreement shall , 1
n full force for th1rty*91x(36)
months.
The Respondent agrees, ■ this Offer, s r
sn 120 calendar days after the Due Date,to fully
comply in stdct accordance with the
and the amounts shown on bid
1 specifications, sheet.
Upon expiration of the contract
C. term,
the Contractor agrees to hold over under the terms and conditions of
this agreement for such a period as is reasonably necessary to' s project
days. t and/or complete the
120
•
services.a g:j=: Respondent shall not subcontract or otherwise engage subcontractors to perform
required
The City seeks to do
i services.
business
trucks,
trailers,parts,and
1 ,
The City reserves the night to remove any employee from C4 property for violation of
* ; federal,
r
state, and local
!safety and environmental ordinances, rules,and regulations. The Respondent
shall:
OccupationalA. Ensure that all employees comply with all s Administration
r
and City safety and occupational health standards and other applicable federal,,
state,and local
!
ordinances,safety,and environmental laws rules, services.
B. Be held responsible for the sa"of their employees and unsafe acts or conditions that may cause Injury,
or damage to any persons or property wNhin and around the work
r
In case of
+ conflict,
Indemnify the most
stringent safety requirement shall goverin.
C. ,
claims,demands,stiftsi actions,judgments,
timely,fines penalties and liability of every kind arising from the breach of the Contractor's obligations under this
D-RKFORCE. Successful Respondent shall:
A. Ensure Respondent's employees pertbrm the services in a
professional, manner.and efficient
B. Ensure Respondent"s employees , , .
i ' j
Labor. form that clearly
Identifies them as the Respondent's employee.
C. Employ all personnel for work in accordance with the requirements set forth by the United States
Department of The City reserves the right to verify citizenship or right to work in the United States.
5, PRICING:The Respondent shall determine and, .
incidental a fixed cost for the work and shall include all
+
labor,
l,
ll
expenses,freight, equipment
surcharges, sition and
maintenance, demurrage,fuel delivery charges, costs associated with obtaining permits,
insurance, and +sk management. No separate line-Rem charges shall be permitted for either
invoiceresponse or
purposes.
Section,Prices for materials will be bid as a pementage discount off MSRP. The percentage(%),if any,of
discount will be designated by the Respondent In the Bonfire Required Information
, .
® services
City.throughout the 10al twelve(12)month term of the contract. A price increase to the agreement may be
c i'dared on the anniversary date of the Contract each year and shall be equal to the consumer prilce Index
onst
for that year,but at no time can the increase be greater than 10%for any single line Rem unless otherwise
approved by the
adjustmentsA. Consumer Price Index(CPI)-. Price , in r
th the percentage
change in the ,
adjustment .
City of Round Rock Exhibit "A"
Heavy Duty
Parts,and Repair Services
Trucks, Trailers,
IFB 23-012
April 2023
effect for the base year six-month average(January through June OR July through December), and each+
rate.(January through June OR July through December six month average)thereafter. The percentage
difference between those two CP I issues will be the price adjustment
No retroactive contract price
adjustments will be allowed. The Consumer Price Index(CPI) is found at the Bureau of Labor Statistics,
B Procedure to Request Increase:
+
Email the wriften
rice increase
. uest +
comparison,a comprehensive calculation, and any supporting documentation to the designated City
Contract Specialist a minimum of 45 days prior to the annual Contract anniversary date.The detailed
+ + + verified
ften calculation
ll be
City of Round Rock contract number, solicitation reference information and contact information for the
+
requestingauthorized representaflive
Ii. Upon receipt of the request,the City reserves the right to either accept the escalation and make+
change to the purchase order within 30 days of the request or negotiate with the Vendor or cancel the
agreement or purchase order if an agreement cannot be reached on the value of the increase.
7. ACCEPTANCEIINSPECTION:
ection
ld
The
+ + .
awarded respondent will be notified within the time frame if the services delivered are not in full compliance
w ith the specifications. In the event the services are not performed to the satisfaction of the City the
Contractor shall agree to reperform services to specification at no additional cost to the City. If any agreement
or purchase order is cancelled for non-acceptance,the needed services may be purchased+
elsewhere.
8o PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor"s performance
anytime during the contract term.
9. ORDE&QUANTITY:The + solicitation
ies shown on the
minimum or maximum purchase is made or implied-The City will only order the services/goods needed to
satisfy requirements within budgetary e
which may be more or less than
rindicated.
10. +
iThe City reserves the right to enter into an Agreement or a Purchase Order with a single award,
primarysplit award,
or use any combination that best serves the interest
F 1
and at the sole discretion of the City. Respondents to the solicitatilon will be notified when Clity staff
recommendation of award has been made. The award announcement will be posted to the City's website at
httpsl.-//roundrocktexas bonfirehub.com once City Council has approved the recommendation of award and the
agreement has been executed,
11• POST AWARD M EETI NG r The City a nd successful Respondent(s)may have a post award meeti ng to
discuss,1 '
Identify but not be limited to the followingA. Provide City contact(s)information for implementation of agreement
B.
goals,
and strategies to meet
objectives,
ROINT OF CONTACT IPOC)I DESIGNATED REPRESENTATIVE:
•
A. Co ntractor's poll n t of contact: I n order to mal Main consistent standa rds of q ua lity work performed
across the City,the City shall be provided with a v + designated r
i
the contract to include contact information,,. The r „"
s designated representative shall be notified by the
Respondent'Immediately should the point of contact change,,,
f
B. The
"N'
City of Round Rock Exhibit
Heavy Duty Trucks,
Trailers, Parts,and Repair ServicesIFB s
012April
•
JMTEjjLOCALEURgbjUS NQ,&qfttENA. The C4 has entered into Intedocal Agreements wfth other Govemmental agencies pursuant to the
Act,
Exhibit
Cfty of Round Rock
Heavy Duty r
Trucks,Trailers,
Parts, and Repair Services1FB 23-012
Class/Item:
MEOW= PART IV
SCOPE OF WORK
1. The City of Round Rock, herein after"the City'seeks a bid from firms experienced in
providing
■ y repair services.
trailers
f 1 partsi and
2, Hg&jffjLEhLCP.LESAND JUILERS. The Contractor shall-
A. Work with * a .
equipment. s POC to develop a complete packet of specifications and accessories for each piece of
address:B. All deliveries shall be to the following
Fleet Maintenance
901 Luther Peterson Place
Round Rock,Texas 78664
Coordinate delivery Yvith the City's
C. o
ND
--- r
materialsparts and r
r Repair
+ } s r s s
replacement.approved by the
s designated representative
n advance of repair or
All repair parts and matenials used must be certiflied by their manufacturer as meeting Oniginal Equipment
B.
Manufacturer(OEM)specifications.
certified When non-OEM parts are approved for use,they must be a • •
onC.
(CAPA)and warranted by the Contractor as being equal in kind and quality in terms of
1 performance,
and overall quality to the original manufacturer parts they are replacing.
4a AffEEIMMD DEUVERYI.QMRTS:All shipments and deliveries shall be FOB(Freight on Board)
destination to the following ..
F19M Maintenance
901 Luther Petemon Place
Round
Texas 78664
Rock,
■
ll
hip
Cfty
A. invoice.(PO)
B. All parts shall be shipped and delivered complete unless arrangements for partial shipments are made in
. .
shippedC. All parts
+ showing description
p pi ng/delivery ticket
item
the City's purchase order
and unit
M quantity, number, price.
D. Goods shall be received between the hours of All shipments
r00 AM to r00 PM Monday through Friday.
prepaidshall be coordinated Wth a City-authonized representative.
E. For Items that are not normally stocked and will require 3(dparty shipping charges for delivery,the at-cost
freight charges shall be
freightContractoes
compliance.
delivery.F. All goods shall be received and signed for by a City-authorized representative upon
G. Goods shall be delivered .withinconsidered upon preapproval by the .
i H. Transportation and local delivery costs shall be . .
s Authorized Representative.
. included + . provided
ce
solicitation.
. . . ■ .
ems that should be in stock.
1. No fuel surcharges or mileage charges shall be permitted for delivery of items.
Exhibit
r+
Trucks,City of Round Rock
Heavy Duty
and Repair Services
Trailers, Parts,
IFB 23-012
Apr,
12023
§gRYKEAMIREMENTS: The Contractor shall
■
ProvideA.
request.
B.
Providewithin
shall not commence until the Contractor has received a CIty-Issued purchase order number.The City,
begin.reserves the right to request photos fbr any estimate before approval of work to
C. Provide an estimated/average expected turnaround time Ibr completion of repairs on Cfty vehicles.Any
delays to this completion time must be communicated to the City's point of contact on a weekly basis.
D. Contractor must complete .y control inspections of all. vehicles1
originalrs for
conformance to the the odginal .
estimate;the City.
E. Hidden_PAmjjgqj- During the course of repair if addRional damages are found that were not included in
the Contractor shall contact the Cky's Fleet Operations Manager or designated
vehicle maintenance staff member and provide a revision to the odginal estimate and obtain euthonizatJon
for the addRional repairs and/or parts needed before additional charges occur.
, ,
■ WMRANTY: Successful Respandent(s)shall
warranty,de at minimum five(5)years warranty on all
workmanship and parts including but not llmfted Io manufacturees
and
workmanship defects,
installation. .
defect.
7. MA[MIN CO MYMATUM:Communication is vital to the Cfty of Round Rock.The C4 req i e t e
communication throughout the entire,
size, ob process.The City understands that lead times can vary depending
upon the
and difficulty of the required
manufacturer, tasks.
TIME:7. fffi§EO
follows:ll
Calls:Non-Emergency Service
'Non-emergency services"are defined as requests for repairs that, if the
Servicesissue Is not resolved in a reasonable amount of time,will stop normal operations.The Contractor shall-
A. Respond and provide a written estimate for non-emergency service calls wfthln two(2)business days and
begin work within rive(5)days of the original request provided a PO is issued to the Contractor.
B. ,
,
• consistentC. The designated contact person shall be identified In the solicitation
response.across the City,the City shall be provided with a designated and identified crew leader/point of contact upon
award of the contract.
A. The City shall be provided wfth the designated person's name and telephone number.
B. This contact person shall remain the same throughout the term of the contract or upon termination of the
contact person. If a change has been made in the contact person,the Uy's designated representative
shall be notified by the Contractor immediately at the time of the change.
D. The City shall also be provided .
h a secondary designated contact person to communicate whh K the
primary contact is unavailable.
The City will
r w ■
Contractor.A. Coordinate deliveries and services with
parts.B. Provide written confirmation for any approved non-OEM
Exhibit
r i
upp'r
projecte' EE
Doggett Freightliner-Austrin Yes
r
cknowledge receipt of all addenda for this
■
red level of
P r
ri
entities.
ocal governing
List the percent discount off of MSRP for all types of Utility Trailers 20%
■ discount
discountst the percent
List the percent discount off MSRP for Base Model Rigid Gooseneck Trailers 20%
List the percent
Trailers
List the percent discount off MSRP for all Base Model Belly Dump Trailer 20%
List the percent discount off MSRP for all Base Model Dump Pup Trailers 20%
,ble Goosenelck
List
discount
List the percent discount off MSRP for all Base Model Flatbed Trailers 20%
List the percent discount off MISRP for all Base Model Land!cape Trailers....., 20%
List the percent i discount Trailer
Lost th e percent discount off NISR P for a I I Base Mod el Auto/Equ Went Towing Tra i • ■ i i
ers 20%
i •
soon
off WISRP for all other Trailers ! 20%
List the percent discount off MSRP for i # ■
trailersnall equipment and upgrate options for all tVpes�
of
List the percent a discount
List the percent discount off MSRP for all Base Model Vacuum Trucks 20%
List the percent discount off MSRP for all Base model Buses 20%
List the percent discount off MSRP for all Base model Buses 20%■
List
r vehicles equipment
discountList the percent supplies
List the percent discount off MSRP for all Thir Party(non OEMP and unpublished options,
i
equipment and supplies .4,ions, 10%
List the percent discount off WISRP for• i repair i r
rbit
E x h
1
Item Number Item Quantity i
r Unit of Measer Unit Price
/la r
ROOM
#0-1 Labor Rate for Vehic 500 Hour 150