R-2023-298 - 9/28/2023 RESOLUTION NO. R-2023-298
WHEREAS, the City of Round Rock ("City") has duly advertised for bids to purchase heavy
duty trucks,trailers, parts, maintenance and repair services, and related goods and services; and
WHEREAS, Doggett Freightliner of South Texas, LLC has submitted the lowest responsible
bid; and
WHEREAS, the City Council wishes to accept the bid of Doggett Freightliner of South Texas,
LLC, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for the Purchase of Heavy Duty Trucks, Trailers, Parts, Maintenance and Repair Services
with Doggett Freightliner of South Texas, LLC, a copy of said Agreement being attached hereto as
Exhibit"A" and incorporated herein.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551,Texas Government Code, as amended.
RESOLVED this 28th day of September, 2023.
CRAIG ORC N, Mayor
City of Roun ock,Texas
ATTEST:
4 A,9-00AIlt JW /)
6
AGARS �',WCy Cler
0112.20232:4886-4715 6963
EXHIBIT
«A„
CITY OF ROUND ROCK AGREEMENT FOR
THE PURCHASE OF HEAVY DUTY 'TRUCKS,'TRAILERS,
PARTS,1 MAINTENANCE AND REPAIR SERVICES
WITH
DI GG7'T FREIGHTLINER of SOUTH 'TEXAS,LLC
THE STATE OF TEXAS
CITY OF ROUND ROCK § KNOW ALL BY'THESE PRESENTS&
COUNTY OF WILIA S N
COUNTY OF TRAVIS
THAT THIS AGREEMENT for puri hast of heavy duty trucks, tmilcrs, parts,
maintenance and repair services, and for related goods and services (referred to herein as the
", reement#" , is rade and entered into on this the � day of the month of
, 2023 by and between the CITY OF ROS ROCK,, Texas home-rule
municipality, whose offices are located at 221 East Main Sawt, Round Rock,Texas 78664-5299
(referred to herein as the"alt '% and DOGGETT FREIGHTLINER OF SOUTH TEXAS, LIC,
whose mailing address is 3004 Tom Gary Covc, Round Rock,T xas 78665 (rcfcrred to heroin a
the"Vendor").
RECITALS:
WHEREAS, City desires to purchase heavy duty trucks, trailers, parts, maintenance and
repair serviccs;and
WHEREAS, Oily has issued its "Invitation for Bids' for the provision of said services;
and
AREAS, the parties desire to eater into this Agreement to set forth In writing their
rc p ctivc rights,dutics, and obligations;
NOW,'THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises containcd hercin and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it i
mutuall agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified services and Vendor is obligated to provide same. The
Agreement includes the following: (a)City's Invitation for Bid, designated Solicitation Number
23,012 dated April 2023 "IFB" ; b) Vendor's Response to I B; (c) contract award; and d any
4876-2966- 72ss2
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exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract
documents shall be resolved by giving preference in the following order:
(1) ThisAgreement;
(2) Vendor's Response to I ;
(3) City's Invitation for Bids, exhibits,and attachments.
City means the City of Mound lock,Williamon and'Travis Counties,Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Ager went are affixed.
D. Force Majeure mems acts of God, strllcs, 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, ruts, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, Moods, restraint of the goven rnent
and the people, civil disturbances, explosions, or other causes not reasonably within the control
f the party claiming such inability.
Goods and services mean the specified services, supplies, materials,
commodilies,or equipment.
F. vendor means Doggett Freightliner of South Texas. LLC, its successor or
assigns.
2.01 EFFECTIVE DATE AND TERM
A. This A eement shad be effective on the date t 1's Agreement has been signed by
each party hereto, and shall rcmain in full force and effect unless and until it expires by operation
f the terra indicated herein, or is terminated or extended as provided herein.
B. Tl►c tcn n of this Agrccment shall be for sixty mon ks from the cffectivc datc
hereof`.
C. City reserves the right to review the relationship at any timc, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor to supply the goods as outlined in the Part IV, Specifications, of the
IFB, and the Response to 1FB submitted by Vendor as described in Attachment A: Bid Sheet in
Exhibit #'A.'* The intent of these documents is to formulate ars Agreement listing the
responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to
the IB.
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The services which are the subject matter of this Agreement are described in Exhibit "A""
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agrcement as if repeated herein in fid 1.
4.01 ITEMS AWARDED AND SCOPE OF WORK
Berns Awarded. All bid items in Attachment A; Bid Sheet of Exhibit "A" are awarded to
Vendor.
Scope of work: For purposes of this Agreement, City has issued documents delineating the
required services (specifically lFB 23-012 dated April 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 hereto and made a part hereof for all purposes.
When taken together with the appended exhibits, this Agreement shall evidence the entire
understanding and agrccrnent between the parties and shall supersede any prior proposals,
correspondence or discussions.
Vendor shall satisfactorily provide all smices described under the attached exbibits
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 matters on which vendor has
been specifically engaged. ' cndor shall perform its services in accordance with this Agreement,
in accordance with the appended exhibits, in accordance with due care, and in accordance with
prevailing industry standards for comparable services,
5.01 COST'S
, In consideration for the services to be performed by vendor, City agrees to pay
Vendor the amounts set forth in " ttachmem A: Bid Sheet"of the t(ached Exhibit "A,V.
F
BIThe City shall be authorized to pay the Vendor n amo nt not-to-exceed T
Million and No/100 Dollars (S2,000,000.00) for the term of this Agreement.
.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number; _
C. Description and quantity of items received or services provided;and
D. Delivery or performance dates.
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7.01 INTERLOCAL COOPERATIVE CONTRACTING PURCHASING
Author
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement r other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the fora of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the perfonnance of this Agrcement. In
addition, vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall [lot be
included in Vendor's ch r es.
12.01 ORDERS PLACED WITH AL'TERNAT'E VENDORS
I ORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from. another supplier or suppliers.
1101 INSURANCE
vendor shall meet all insurance requirements set forth Parl If of No. 19-030 and on the
City's website at:
insurance 7•�2 }112. dt'
htt,� �wv�w,rotitiroe t .gpcortitent up
14.01 CIT 'S REPRESENTATIVES
e
City hcrcby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Chad McDowell
Director of Cienen,I Services
212 Commerce Cove
Round Rock, Texas 78665
512-341-3191
cnicdowelba r u r c to e
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agrcernent, in good faith, has reason to question the other
party's intent to perfonn hereunder, then demand may be made to the other party for written
assurance of the latent to perfonn. In the event that no written assurance is givcn within the
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reasonable time specified when demand is Ornade, thea and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re-advertisement of the service and that it may not
be considered to future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it doers any of the following:
A. Fails to male any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
C. Fails to provide adequate assurance of performance under the "bight t
Assurance's section herein;or
D. Becomes insolvent or seeks relief under the bankruptcy lavers of the United
States.
17. 1 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, 'in whole or in part, for
convenience and without cause,at any time upon thirty 30 days' written notice to Vendor.
B. f the event of any defaultby Vendor, City has the Oght to terminate this
Agreement for caUse, upon ten l days* written notice to Vendor.
C. Vendor has tlrc right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agrecmcnt to terminate
evidenced in writing by and between the parties.
In the event City terminates under subsections A or of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all c fisting orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty 30 days after such notice of termination, vendor
shall subunit a statement shoring in detail the goods and/or services satisfactorily perfortned
under this Agreement to the date of termination. City shall thea Pay Vendor that portion of the
charges, if undisputed. The parties agree that vendor is not entitled to compensation for services
it would have performed under tine remaining term of the Agreement except as provided herein,
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18.01 INDEMNIFICATION
cndor shall defend at the option of City), indcrnnifr, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attomey"s 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 obligati
20.01 ASSIGNMENT AND DELEGATION
The parties each hcrcby bind themsclvcs, their surcccssors, assigns and Ic al
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other patty.
1.01 NOTICES
All notices and ether 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;
r
, Three 3 days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to vendor;
Doggett Freightliner of South Texas,LLC
3004 Tom Gary Cove
Round bock,Texas 78665
Notice to City:
Laurie Hadley,City Manager Stpharnic L. Sandre,City Attorney
221 East Main Street AND TO: 309 East Main Street
Mound Rock,TX 78664 Round back,TX 7864
e � I
Nothing contained herein shall be construed to restrict the transmission ofroutine
communications between representatives of City and Vendor.
2.01 APPLICABLE LAw9 ENFORCEMENTENT A.ND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terns or conditions
herein,exclusive venue for same shall lie in Williamson County,Texas. This Agreement shalt be
governed by and construed in accordance with the laws and court decisions of the Mate of Texas.
23.01 EXCLUSIVE A REEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vcndor and City. This Agreement may only be amended or supplemented by mutual agrecment
of the parties hereto in writing,duly authorized by action of the City Manager or City Council.
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24.01 DISPUTE RESOLUTION
City and Vendor hereby cxpressly agree that no claims or disputcs betwccn the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Athitration Act 9
[SSC Section 1-l or any applicable state arbitration statute,
25.81 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision ofthis Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in n
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agre mcnt, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agrccmcnt to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision, The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
� aadard of Care. Vendor represents that it employs trained, experienced and
competent persons to perfornm all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time Is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its dela or for failures to use bestiefforts in accordance with 1he terms of this
Agreement. Where damage is caused to City dine to vendor's failure to perfon n in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed 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
e timely given,and alI reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agrcement may be c c cutcd in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together,shall constitute one and (he same instrument.
[Signatures on the following page.)
y
IIS WITNESS WHEREOF,, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock,Texas Do diner of South'Texas, LLC
t
By: By:
Printed lame: Printed Name: 9AJe,&.jbqw-ce
Tits : Title: AAy
Date Siped: Date Signed:
o
Aftest.
By:
Meagan Spi ks,City Clerk
For City,Approved as to Form:
By:
Stephanie L. Sandrae,City Att me r
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 "A"
Heavy Duty Trucks,Trailers, Parts, and Repair Services
1F13 234012
Class/item: 065- 06G-00/073-00/928-87 2923
HEAVY DIRTY TRUCKS,'TRAILERS, ART ,AND REPAIR SERVICES
PART I
GENERAL REQUIREMENTS
I. PURPOSE AND BACKGROUND: The City of Round Rock, herein after"the City"seeks a bid from firms
experienced in providing heavy duty trucks,trailers, parts, and repair services to support City operations.
The city intends to multi-award this contract. The total contracts'value shall not exceed$400,000 per
fiscal year for the term of the contract.
. SOLICITATION PACKET:ET: This solicitation packet is comprised of the following-
Description Index
Part I—General Requirements Page(s)2-
Pert lI—Definitions, Standard Terms and Conditions,and Insurance
Requirements
Page 6
Part III—Supplemental Terms and Conditions Page(s) -
Part I —Specifications Page(s) 19-11
Attachment A—Reference Sheet Separate Attachment
3. SCHEDULE of EVENTS: It is the city's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released April 12, 2023
Deadline for submission of questions April 26, 2023 a@ :BOPM CST
City responses to questions or addendums Approximately April 28, 2023 @ :00 PSA,
CST
Deadline for submission of responses May 10,2023 @a 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire in writing by :00 PM, CST on the
due date noted above.A copy of all questions submitted and the City's response to the questions shall b
posted on the city's vrebpage in the form of ars addendum at:
htt :Hroundrocl texas.bonfirehub.com
The City reserves the right to modify these dates. Notice of date change will be posted to the City�s website:
htt s:/Iroundrocktexas.bonfirehub.corn
4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
htt s Hroundro ktexas.bonfirehub.corn for any updates pertaining to the solicitation described herein.Various
updates may include add ndurns,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.
S. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:09 PM,on the dine date
noted in PART I, Section 3—Schedule of Events. The Offeror shall respond via the city's electronic bidding
platform, Bonfire: ttt s: roundrockte cas.bonfirehub.com
A. This request for proposal(RFP)does not commit the City to contract for any suppler 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 ofi 1
City of Round Rock Exhibit "A"
Heavy Duty Trucks,s,Trailers# Parts, and Repair Services
I FB 3-0'1
Class It m: 065- 060-00/073-00 928-8
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 F sp nd nt`s expense and shall become the property of
the City.
. RESPONDENT NDEI TQUALIFICATIONS: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:
A. Befirms,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 IFP evaluation process_ Upon request, the Respondent shall provide two gears
audited financial statements, including any notes or supplemental schedules within 2 business days of the
original request.
C. The respondent shall include in the proposal a list of all litigation the company or its principals have been
involved in within the last three 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 will not be included for consideration
in this RFP process
In order to do business with the City of Found Rock you must be registered with the City's Vendor Database.
To register, go to: Inti ://roundro kt vendor .munis elfservi a com/Vendors/default.aspx
T, RESPONSE REQUIREMENTS:EMENTS: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:
E) Attachment A—Reference Sheet
[:1 Acknowledged Addenda if applicable)
. BEST VALUE EVALUATION UATIO AND CRITERIA:IA: The City reserves the right to reject any or all responses, or to
accept any response deemed most t advantageous, or to waive any irregularities or informalities 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.
B. Reputation of Respondent and of Respondent's goods and services.
C. Quality of the Respondent's goods and services.
D. The extent to which the goods and services meet the City's needs.
E. Respondent's past performance with the City.
F, The total longterm cost to the City to acquire the Respondent's goods or services.
G. Any relevant criteria specifically listed in the solicitation.
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
City of Round Rock
Exhibit " rr
Heavy Duty Trucks, Trailers, Parts, and Repair Services
IFB 2 -012
Class/item:065- 0-00 073-00/928-87
April 2023
. CERTIFICATE of INTERESTED ESTED PAi TIES: 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 website, printed, signed, and submitted to the City by the authorized agent of the
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to
final contract execution. Link to Texas Ethics Commission ion Webpage:
htt -//www.eth ic .state.tx.0 s/whats newt if info f rm12g .htm
10. ESC PANTE COMMU NICATION: Please note that to insure the paper and fair evaluation of a bid,the City o
Round Dock prohibits enc parte communication e.g., unsolicited) initiated by the Bidder to the City Official,
Employee, City Consultant, or Evaluation Team member evaluating or considering the bids prior to the time a
bid 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 evaluation of the bid. Est parte communication may be grounds for disqualifying the offending Bidder
from consideration or award of the bid thea in evaluation,or any future bid.
11. OPPORTUNITY To PROTEST;The Purchasing Manager for the City of Found Rock(*City"), in consultation
with the City Attorney, shall have the authority to settle or resolve any dispute concerning the solicitation or
award of a contract. The Purchasing Manager may solicit written responses to the protest from other
interested parties. The aggrieved person must prepare his or her complaint in writing and send it by
electronic mail to the City's Purchasing Department at Protest@ roundrocktea .gov.
In the event of a timely protest,the City shall not proceed further with the solicitation or award of a contract
unless it is determined that the award must take place without delay, to protect the best interests of the City.
The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to
comply with any of these requirements,the Purchasing Office may dismiss your complaint or protest.
A. Prior to offer Due Date: If you are a prospective offeror for the award of a contract('Offeror'')and you
become aware of the facts regarding what you believe is a deficiency in the solicitation process before the
due date for receipt of offers in response to a solicitation "offers" ,you must notify the City in writing of
the alleged deficiency before that date, giving the City an opportunity to resolve the situation prior to the
Offer due date.
B. After offer Due Date: If you submit an Offer to the City and you believe that there has been a deficiency
in the solicitation process or the award,you have the opportunity to protest the solicitation process, or the
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 time,you have waived all rights to protest the solicitation process or the award.
ii. You must file your formal written protest within ten 1 )working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. if you know of the facts before those dates, you must notify the City as stated in
section A above.
iii. You must submit your protest in writing and must include the following information:
. your name, address,telephone number, and email address„
b. the solicitation number.
c. a specific identification of the statutory or regulatory provision that you are alleging has been
violated.
d. a detailed statement of the factual grounds for your protest, including copies of any relevant
documents.
e. a statement of any issues of law or fact that you contend must be resolved; and
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 review.
C. F eoei t of Timely Protest:When n the City receives a timely and complete written protest,the Purchasing
Manager,with assistance from the City Attorney, shall make one of the following determinations:
i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination.The City will prepare updated solicitation
Page 4 of I I
City of Found Rock
Heavy Duty Trucks,Trailers, Parts, and Repair it Services
I f"B 23-01
Class/item:085-8810 0-0 1073-001 928-87
April 2023
documents and will re-solicit.
fl. Determine that no violation of rules or statutes has occurred and inform you and other interested
partes of the decision by letter.The reasons for the determination will be presented in the letter.
Ili. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination. However,the awarded contract will not
be canceled.As needed,corrective actions may be taken wnrith purchasing or any other pertinent City
staff.
iv. A determination will usually be made within fifteen(15)business days after receipt of the formal
protest.
v. Any written decisions by the Purchasing Manager shall be the final administrative action for
the City.
All documentation pertaining to a protest will be Dept on file at the City and are subject to open records
requests.
Page ofI1
City of Round Rock Exhibit "A"
Heavy Duty Trucks, Trailers, Parts, and Repair Services
IFB 2 -012
Class/Item: 065- 060-00/073- /928-87 2023
PART 11
DEFINITIONS,STANDARD D TEPA AND CONDITIONS
AND INSURANCE REQUIREMENTS
I. DEFINITIONS, TANDAF D TERMS AND CONDITI I : By submitting a response to this solicitation. the
Respondent agrees that the City's Definitions and Standard Terms and Conditions, 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:
httr)s://www.roundrocktexas.00v/citv-deDartments/purchasiM/. In addition,the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract.
. INSURANCE. The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements.The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: httr)s./Mww.roundrocktexas.gov/cit -d artments/ ur hasin I
Page 6 of l l
City of Round lock Exhibit "A"
Heavy Duty Trucks,Trailers, Parts,and Repair Services
1FB 23-012
Class/item:065-86 1050`00 073-00/928-87
April 2023
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for th1rty*91x
months.
B. The Respondeat agrees, if this mer is accepted within 120 calendar days after the Dine Date,to fully
comply in strict accordance with the Solicitation, specifications, and the amounts shown on bid sheet.
C. Upon expiration of the contract terra,the Contractor agrees to hold over under the teams and conditions of
this agreement for such a period as is reasonably necessary to re-solicit and/or complete the project up to
120 days.
2. CT : Respondent shall not subcontract or otherwise engage subcontractors to perform
required services. The City seeks to do business directly with a company experienced In heavy duty trucks,
trailers,parts,and repair services.
. : The City reserves the right to remove any employee from Duty property for violation of federal,
state, and local health,safety and environmental laws, ordinances, rules,and regulations. The Respondent
shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration(OSHA), State
and City safety and occupational health standards and other applicable federal,state,and local health'
safety,and environmental laws ordinances, rules, and regulations in the performance of these services.
B. Be held responsible for the safety of their employees and unsafe acts or conditions than may cause injury
or damage to any persons or property within and around the work site. In case of conflict,the,most
stringent safety requirement shall govern.
C. Indemnify and hold the City harmless from and against all claims,demands,suits,actions,judgments,
fires penalties and liability of every hind arising from the breach of the Contractor's obligations under this
paragraph.
. WQR1 FORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely,professional,and efficient manner.
B. Ensure Respondent's employees,While working on Drty property,gear a company uniform than clearly
identifies theta as the Respondent's employee.
C. Employ all personnel for work in accordance with the requirements set forth by the United Mates
Department of labor. The City reserves the right to verify citizenship or right to work in the United States.
, PRICING:The Respondeat shall determine and submft a fixed cost for the worts and shall include all
incidental costs, labor,overhead charges,travel,payroll expenses,freight, equipment acquisition and
maintenance, demurrage,fuel surcharges,delivery charges, costs associated with obtaining permits,
insurance, bonds, and risk management. No separate line-item charges shall be permitted for either
response or invoice purposes.
Prices for materials will be bid as a percentage discount off I IBRP. The percentage(%),If any,of
discount will be designated by the Respondent In the Bonfire Required Information Section,
8. PRICE INCREASE:Contract prices for heavy duty trucks,trailers,parts, and repair services shall remain firm
throughout the initial twelve 12 month tern of the contract. A price increase to the agreement may be
considered on the anniversary date of the Contract each year and shall be equal to the consumer price index
for that year,but at no time can the increase be greater than 10%for any single line item unless otherwise
approved by the City.
A. Consumer Price Index(CPI): Price adjustments will be,made in accordance with the percentage
change in the I.J.B. Department of Labor Consumer price Index(CPI-U)for all Urban Consumers. The
price adjustment rate will be determined by comparing the percentage difference between the CPI in
Page 7 of 11
City of Round Rock
Exhibit "A"
Heavy Duty Trucks, Trailers, Parts,and Repair Services
IFB 23-012
Class/item: 055-851 060-0 /073-00/928-8
April 2023
effect for the base year six-month average(January through,lune OR.July through December), and each
(January through June OR Judy through December sic month average)thereafter. The percentage
difference between those two CPi issues will be the price adjustment rate. No retroactive contract price
adjustments will be allowed. The Consumer Price Index(CPI) is found at the Bureau of Labor Statistics,
Consumer Price Index website, http://www.b Isov c �
B. Procedure to Request Increase:
i. Email the written price increase request to urchasin roundrocktex s, oar with the rate detail
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
written calculation will be verified and confirmed. All written requests for increases must include the
City of Found Dock contract number, solicitation reference information and contact information for the
authorized representative requesting the increase.
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.
. CEPT l CEIIN PECTION: Acceptance/inspection should not take more than five 5 working days.The
awarded respondent will be notified within the time frame if the services delivered are not in full compliawnce
with 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.
8. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor"s performance
anytime during the contract term.
. ORDER UANTITY:The quantities shown on the solicitation are estimates only. No guarantee of any
minimum or maximum purchase is made or implied The City will only order the services/goods needed to
satisfy requirements within budgetary constraints,which may be more or less than indicated,
10. AWARD: The City reserves the right to eater into an Agreement or a Purchase Order with a single award,
split award, primary and secondary award, non-award, or use any combination that best serves the interest
and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website at
htt s//roundrocktexas bon r hub.com once City Council Inas approved the recommendation of award and the
agreement has been executed,
11- POST AWARD MEETING: The City and successful Respondent(s)may have a post award meeting to
discuss, but not be limited to the following:
A. Provide City contact(s)Information for implementation of agreement
B. Identify specific milestones,goals, and strategies to meet objectives.
12. POINT of CONTACT MOM I DESIGNATED REPRESENTATIVE:
E EI TATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City,the City shall be provided with a designated and identified point of contact upon award of
the contract to include contact information The City's designated representative shall be rectified by the
Respondent pondent im ediat ly should the point of contact change
E. The City"s designated representative Is-
Marshall Reynolds
Vehicle Maintenance
Phone; (512)218-5571
-mail: rnre no!d roundrockte as. o
Page 8 of I l
City of Round Rick
Exhibit " '#
Heavy Duty Trucks,Trailers, Parts,and Repair Services
IFB -012
Class/Item:065-86 060-00 073-00 928-87
April 2023
13, IbLTERLOCALPURCHASING AGREEMENTS:
A. The City has entered into Interlocal Agreements with other Oovemmental agencies pursuant to the
Interlocal Cooperation Act,Chapter 791 of the Texas Goverriment Code.The Contractor may agree to
offer the same price and terms and conditions to other eligible agencies that have ars interlocal
agreement Waith the City.
B. The City does not accept any responsibility or liability for the purchases by other government agencies
through an interlocal cooperative agreement.
Page 9 of 1 i
pity of bound Rock Exhibit "A"
Heavy Duty Trucks,Trailers, Pars, and Repair Services
lFB 23-012
Class Item: 065-86/060-00/ -o /828-87
April 2023
PART IV
SCOPE of WORK
1. INTRODUCTI The City of Found Rock, herein after"tine City$seeks a bid from firms experienced in
providing heavy duty trucks,trailers, parts, and repair services.
2. HEAVY VEHICLES AND TRAILERS: The Contractor hall-
A. Work With City's POC to develop a complete packet of specifications and accessories for each piece of
equipment.
B. All deliveries shall be to the following address:
Fleet Maintenance
got Luther Peterson Place
Round Rock,Texas 78664
C. Coordinate delivery with the City's POC.
PARjjjkND MATERIALS:
A. Repair parts and materials shall be new unless alternative wafter-market"or used parts are specifically
approved by the City's designated representative in advance of repair or replacement.
B. All repair parts and materials used must be certified by their manufacturer as meeting Original Equipment
Manufacturer EM specifications.
C. When non-OEM parts are approved for use,they must be certified by the Certified Auto Parts Association
CAPA and warranted by the Contractor as being equal in kind and quality in terms of fit,performance,
and overall quality to the original manufacturer parts they are replacing.
4. §HIPPING A DELI EI 1f FOR PARTS:All shipments and deliveries shall be FOB(Freight on Board)
destination to the following address-
FI&W Maintenance
901 Luther Peterson Place
Round Rock,Texans 78664
A. No parts shall ship without a City purchase order P referenced on the delivery order and invoice.
B. All parts shall be shipped and delivered complete unless arrangements for partial shipments are rude in
advance.
C. All parts shipped and delivered shall include a ship pingldelivery ticket showing the description of each
item,quantity,the City's purchase order number, and unit price.
D. Goods shall be received between the hours of 7:00 AM to 6:00 PITA Monday through Friday.All shipments
shall be coordinated with a City-authorized representative.
E. For Iters that are not normally stocked and will require 31dparty shipping charges for delivery,the at-cost
freight charges shall be prepaid and added to the invoice.The City reserves the right to audit the
Contractor's freight invoice to ensure compliance.
F. All goods shall be received and signed for by a City-authorized representative upon delivery.
G. Goods small be delivered within two days from the time the order is placed. Exceptions may b
considered upon preapproval by the City's Authorized Representative.
entative.
H. Transportation and local delivery costs shall be included in the unit price provided in response to this
solicitation. No additional delivery costs are permitted for iterns,that should be in stock.
I. No fuel surcharges or mileage chanes shall be permitted for delivery of iterns.
Page 10 of`l 1
City of Round Dock
Exhibit " "
Meavy Duty Trucks,Trailers, Parts, and Repair Services
lFB 23-01
Class/item: 065-86/060-00 073-00/928-37
April 2023
G. SERVICE REQUIREMENTS: The Contractor shall-
A. Provide repair services upon request.
B. Provide a written estimate to the City's designated representative within two business days. Repair work
shall not commence until the Contractor has received a City-issued purchase order number.The City
reserves the right to request photos for any estimate before approval of work to begin.
C. Provide an estimat dlaverage expected turnaround time for completion of repairs on City 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 quality control inspections of all vehicles after completion of repairs for
conformance to the original manufacturers standards and configuration before returning the vehicles to
the City.
E. Heidden PgmgM: During the course of repair if additional damages are found that were not included in
the odginal estimate;the Contractor small contact the City's Fleet Operations Manager or designated
vehicle maintenance staff member and provide a revision to the original estimate and obtain authorization
for the additional repairs and/or parts needed before additional charges occur.
. WARRANTY:TY: Successful Respondent(s) shall provide at minimum five gears warranty on all
workmanship and parts including but not limited to manufacturees warranty,workmanship defects, and
installation. All warranty work shall be completed within five 5 working days from notice of defect.
7. MAINTAIN eo .Communication is vital to the City of Round Dock.The City requires timely
communication throughout the entire job process.The City understands that leaved times can vary depending
upon the size,manufacturer'and difficulty of the required tasks.
. RESPONSE TIME: Response times shall be as follows:
Non-Emergency ServiceCalls: "Non-emergency services"are defined as requests for repairs that, if the
issue is not resolved in a reasonable amount of time,will stop normal operations.The Contractor shall-
A. Despond and provide a written estimate for non-emergency service calls within two business days and
begin work within five 5 days of the original request provided a PO is issued to the Contractor.
B. Services will be performed during normal operation hours which are 7:00AM-5:00PM,Monday-Friday.
3. DESIGNATED o I PERSON: to order to maintain consistent standards of quality wont performed
across the City,the City shall be provided with ave designated and identified crew leader/point of contact upon
award of the contract.
A. The City shall be provided with the designated person's name and telephone number.
S. 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 City's designated representative
shall be notified by the Contractor immediately at the time of the change.
C. The designated contact person shall be identified in the solicitation response.
D. The City shall also be provided vwrith a secondary designated contact person to communicate whh K the
primary contact is unavailable.
3. CIT1 ESPOI SIBILITIES.The City will-
A. Coordinate deliveries and services with Contractor.
B. Provide written confirmation for any approved non-OEM parts.
C. Provide Contractor with a City-issued purchase order.
Page l 1 of 11
Exhibit "A"
pDoggett
r
Freightliner-Austin Yes
knowledge recei t of all addenda for this project(if applicable). Yes
spondeat agrees to the City's standard terms and conditions and to carry the
required level of insurance. Yes
Despondent agrees to comply with all applicable rules and regulations of Federal,State,
and local governing entities. 20
List the percent discount off of MRP for all types of Utility Trailers 209
List the percent discount off MSRP P for Base Model Tag Trailer
List the percent discount off MSRP for Base Model Rigid Gooseneck Trailers 20%
List the percent discount off MSRP for all Base Model del Hydraulic Detachable Gooseneck
Trailers %
List the percent discount off MSRP P for all Base Model Belly Dump Trailer 20%
List the percent discount off MSRP for all Base Model Dump Pup Trailers 20%
List the percent discount off MSRP P for all base Model End Dump Trailers 20%
List the percent discount off MSRP for all Base Model f=latbed Trailers 0%
List the percent discount off IVI RP for all Base Model Landscape Trailers 20%
List the percent discount off I ISRP for all Base Bodel Enclosed Cargo Trailer 20%
List the percent discount off MSR P for a I I Base Model #tit /Equipment Towing Trailers 20%
List the percent discount off MSRP for all other Trailers
List the percent discount off MSRP for optinall equipment and upgrate options for all types
of trailers 20
List the percent discount off MSRP for all Base Model Dump Tracks 20%
List the percent discount Off MSRP for all Base Model Vacuum Trucks 2
List the percent discount off MSRP P for all Base model Buses 20
List the percent discount off MSRP for all Base model Buses 20°
List the percent discount off IIDP for Base model other vehicles and equipment 2 °J
List the percent discount off MSRP for all OEM parts and supplies 279
List the percent discount off MSRP for all Thir Party(non OEMP and unpublished options,
requi
ment and supplies 10%
- p
List the percent discount off MSRP for repair pans and supplies for all types of trailers 20%
Exhibit "A"
Item Number Item Quantity RequirUni of Measer Unit Price
#0-1 Labor Rate for Vehic 500 Hour 150