R-2023-385 - 11/16/2023 RESOLUTION NO.R-2023-385
WHEREAS, the City of Round Rock ("City") has duly advertised for bids to purchase heavy-
duty brake parts, and related goods and services; and
WHEREAS, Truck Pro,LLC has submitted the lowest responsible bid; and
WHEREAS, the City Council wishes to accept the bid of Truck Pro,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 Brake Parts with Truck Pro, 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 16th day of November, 2023.
CRAIk MO GAN,Mayor
City 6f Ro d Rock, Texas
ATTEST:
MEAGAN INKS City Clerk
0 112.20232:4867-0501-0573
EXHIBIT
„A„
CITY OF ROUND ROCK AGREEMENT FOR
THE PURCHASE OF HEAVY- DUTY BRAKE PARTS
WITH
TRUCK PRO, LLC
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS AGREEMENT for purchase of heavy-duty brake parts, and for related
goods and services (referred to herein as the "Agreement"), is made and entered into on this the
day of the month of , 2023 by and between the CITY OF ROUND
ROCK, a Texas home-rule municipality, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664-5299 (referred to herein as the"City"), and TRUCK PRO, LLC, with
offices located at 8151 North Lamar Boulevard, Austin, Texas 78753 (referred to herein as the
"Vendor").
RECITALS:
WHEREAS,City desires to purchase heavy-duty brake parts; and
WHEREAS, City has issued its"Invitation for Bid" (hereinafter referred to as"IFB") for
the provision of said goods and services; and
WHEREAS,Vendor has submitted the lowest responsible bid; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually 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 IFB, designated Solicitation Number 23-
OIIREBID dated June 2023; (b) Vendor's Response to IFB; (c) contract award; and (d) any
4854-2910-451 I/ss2
I
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) This Agreement;
(2) Vendor's Response to IFB;
(3) City's IFB, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, 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, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, 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 TruckPro, 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 party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein,or is terminated or extended as provided herein.
B. The term of this Agreement shall be for sixty (60) months from the effective date
hereof.
C. City reserves the right to review the relationship at any time, 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 IFB, and the Response to IFB
submitted by Vendor as set forth in Exhibit "A," attached hereto and incorporated herein by
reference for all purposes. The intent of these documents is to formulate an Agreement listing
the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its
Response to the IFB.
2
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
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED AND SCOPE OF WORK
Items 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 IFB No. 23-011 REBID dated June 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 agreement between the parties and shall supersede any prior proposals,
correspondence or discussions.
Vendor shall satisfactorily provide all services described under 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 matters on which Vendor has
been specifically engaged. Vendor 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 COSTS
A. In consideration for the services to be performed by Vendor, City agrees 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 One
Hundred Thirty-Eight Thousand Six Hundred Sixty-Two and No/100 Dollars ($138,662.00)
for the term of this Agreement.
6.01 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.
3
7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but 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, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful service
provider(s) and the City. Such agreement shall be conclusively inferred for the Vendor from
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 is not obligated or liable for any action or debts that may
arise out of such independently-negotiated"piggyback"procurements.
8.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may affect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 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 Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
4
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or 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 form 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 performance of this Agreement. 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 not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all insurance requirements set forth Part II, Section 2 of IFB No. 23-
011 REBID and on the City's website at:
https://www.roundrocktexas.vov/wn-content/uploads/2014/12/con insurance 07 20112 pdf
14.01 CITY'S REPRESENTATIVES
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Chad McDowell
Director of General Services
212 Commerce Cove
Round Rock, Texas 78665
512-341-3191
cmcdowell(a),roundrocktexas.gov
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
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.
16.01 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 in 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 does any of the following:
A. Fails to make 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 "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
17.01 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. 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 terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) 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 existing 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 submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then 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 the remaining term of the Agreement except as provided herein.
6
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, 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, attorney'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 obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution)against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS,CHARTER,AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances 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. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contact contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the terms of this contract. The signatory executing this Agreement on behalf of
Vendor verifies 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 governmental 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 Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association, and
it will not discriminate during the term of this Agreement against a firearm entity or firearm trade
association.
D. In accordance with 2274, Texas Government Code, a governmental 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 Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement. The signatory executing this Agreement on
behalf of Vendor verifies Vendor does not boycott energy companies, and it will not boycott
energy companies during the term of this Agreement.
7
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
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 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:
1. 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
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
TruckPro, LLC
8151 North Lamar Boulevard
Austin, Texas 78753
Notice to City:
Laurie Hadley, City Manager Stephanie 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
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW, ENFORCEMENT, AND 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 terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
8
24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between 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 Arbitration Act (9
USC Section 1-14)or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, 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 Agreement 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
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform 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 delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform 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
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed 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 the same instrument.
[Signatures on the following page.]
9
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock,Texas TruckPro, LLC
By: By
Printed Name: P rated Name:
Title: Title: in C �V19 YlaQe,r'
Date Signed: Date Signed: 01
Attest:
By:
Meagan Spinks, City Clerk
For City,Approved as to Form:
By:
Stephanie L. Sandre, City Attorney
10
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 BRAKE PARTS
SOLICITATION NUMBER 23-011
JUNE 2023
Exhibit "A"
City of Round Rock
Heavy Duty Brake Parts
IFB 23-011
Commodity Code: 765-05, 557-20
June 2023
HEAVY DUTY BRAKE PARTS
PART
GENERAL REQUIREMENTS
1. PURPOSE AND BACKGROUND: The City of Round Rock, herein after"the City" seeks a bid from firms
experienced in providing heavy duty brake parts for commercial vehicles. The City requires a vendor to
supply and deliver heavy duty brake parts on an "as needed" basis for the Fleet Maintenance Department.
2. SOLICITATION PACKET: This solicitation packet is comprised of the following-
Description Index
Part I —General Requirements Page(s) 2-5
Part II —Definitions, Standard Terms and Conditions, and Insurance Page 6
Requirements
Part III —Supplemental Terms and Conditions Page(s) 7-8
Part IV—Scope of Work/Specifications Page 9
Attachment A—Bid Sheet Separate Attachment
Attachment B—Reference Sheet Separate Attachment
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released June 14, 2023
Deadline for submission of questions June 28, 2023 @ 5:00 PM, CST
City responses to questions or addendums Approximately June 30, 2023 @ 5:00 PM,
CST
Deadline for submission of responses July 13, 2023 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire 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 at:
https://roundrocktexas bonfirehub.com
The City reserves the right to modify these dates. Notice of date change will be posted to the City's website:
https //roundrocktexas bonfirehub com
4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
https //roundrocktexas bonfirehub.com for any updates pertaining to the solicitation described herein.
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. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, 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: httpsl/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.
Pa,c 2 of 9
Exhibit "A"
City of Round Rock
Heavy Duty Brake Parts
IFB 23-011
Commodity Code: 765-05, 557-20
June 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. RESPONDENT 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:
A. Be firms, corporations, individuals,or partnerships normally engaged in providing heavy duty brake
parts as specified herein and have adequate organization, facilities, equipment,financial capability, and
personnel to ensure prompt and efficient service to the City.
B. 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.
C. Have a location within a 30-mile radius of the City and shall provide the option for the City to
conveniently collect or acquire parts.
7. RESPONSE REQUIREMENTS: 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:
❑ Attachment A—Bid Sheet
❑ Attachment B—Reference Sheet
❑ Acknowledged Addenda(if applicable)
❑ 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(3)years.
❑ The Respondent must have a location within a 30-mile radius of the City and shall provide the option for
the City to conveniently collect or acquire parts.
8. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or
to accept any response deemed most 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 long-term 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.
9. CERTIFICATE OF INTERESTED 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
Page 3 of 9
Exhibit "A"
City of Round Rock
Heavy Duty Brake Parts
IFB 23-011
Commodity Code: 765-05, 557-20
June 2023
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 Webpage:
https 1/www ethics state tx us/whatsnew/elf info form1295.htm
10. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City
of Round Rock prohibits ex 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. Ex parte communication may be grounds for disqualifying the
offending Bidder from consideration or award of the bid then in evaluation, or any future bid.
11. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round 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(C�roundrocktexas.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 (10)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:
a. 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. Receipt of Timely Protest: When 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 documents and will re-solicit.
Page 4 of 9
Exhibit "A"
City of Round Rock
Heavy Duty Brake Parts
IFB 23-011
Commodity Code: 765-05, 557-20
June 2023
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter. The reasons for the determination will be presented in the letter.
iii. 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 with 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 kept on file at the City and are subject to open records
requests.
Page 5 of 9
Exhibit "A"
City of Round Rock
Heavy Duty Brake Parts
IFB 23-011
Commodity Code: 765-05, 557-20
June 2023
PART II
DEFINITIONS, STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: 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:
https://www roundrocktexas.gov/city-departments/purchasing/. In addition, the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract.
2. INSURANCE: Insurance does not apply to this solicitation.
Pauc 6 of 9
Exhibit "A"
City of Round Rock
Heavy Duty Brake Parts
IFB 23-011
Commodity Code: 765-05, 557-20
June 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 sixty(60)
months.
B. The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully
comply in strict accordance with the Solicitation, specifications, and the amounts shown on bid sheet.
C. Upon expiration of the contract term, the Contractor agrees to hold over under the terms 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. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services.
3. PRICING: The Respondent shall determine and submit a fixed cost for the work 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.
4. PRICE INCREASE: Contract prices for heavy duty brake parts shall remain firm throughout the initial twelve
(12) month term 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 U.S. 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
effect for the base year six-month average (January through June OR July through December), and
each (January through June OR July through December six 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.bls.gov/cpi
B. Procedure to Request Increase:
i Email the written price increase request to purchasing(L'Droundrocktexas.gov 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 Round Rock 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.
5. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
6. MATERIALS SPECIFICATIONS/DESCRIPTIVE LITERATURE:
A. If a solicitation refers to a Qualified Products List (QPL), Standard Products List(SPL) or a
manufacturer's name and product, any Offeror offering products not referenced in the solicitation must
submit as part of their Offer materials specifications/descriptive literature for the non-referenced
Pr;c 7 of 9
Exhibit "A"
City of Round Rock
Heavy Duty Brake Parts
IFB 23-011
Commodity Code: 765-05, 557-20
June 2023
product Materials specifications/descriptive literature must be identified to show the item(s) in the Offer
to which it applies.
B Materials specifications/descriptive literature are defined as product manufacturer's catalog pages, "cut
sheets" applicable tests results, or related detailed documents that specify material construction,
performance parameters, and any industrial standards that are applicable such as ANSI, ASTM, ASME,
SAE, NFPA, NBS, EIA, ESL, and NSA. The submitted materials specifications/descriptive literature
must include the manufacturer's name and product number of the product being offered.
C The failure of the materials specifications/descriptive literature to show that the product offered
conforms to the requirements of the Solicitation shall result in rejection of the Offer.
D. Failure to submit the materials specifications/descriptive literature as part of the Offer may subject the
Offer to disqualification from consideration for award.
7. ORDER QUANTITY: 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
8. AWARD: The City reserves the right to enter 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 https.//roundrocktexas.bonfirehub.com once City Council has approved the recommendation of award
and the agreement has been executed.
9. 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. The method to provide a smooth and orderly transition of services performed from the current
contractor.
B Provide City contact(s) information for implementation of agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
10. POINT OF CONTACT/ DESIGNATED REPRESENTATIVE:
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 notified by
the Respondent immediately should the point of contact change.
B The City's designated representative: The City's designated representative shall be.
Rick Joubert
Superintendent- Fleet Operations
General Services Department
Phone: 512-218-6682
E-mail: rbuoy(d)roundrocktexas.Gov
C. Do not contact the individual listed above with questions or comments regarding this solicitation during
the solicitation.
Palzc 8 0f9
Exhibit "A"
City of Round Rock
Heavy Duty Brake Parts
IFB 23-011
Commodity Code: 765-05, 557-20
June 2023
PART IV
SPECIFICATIONS
1. PURPOSE: The City of Round Rock, herein after"the City"seeks a bid from firms experienced in providing
heavy duty brake parts for commercial vehicles. The City requires a vendor to supply and deliver heavy duty
brake parts on an"as needed" basis for the Fleet Maintenance Department.
2. DELIVERY:
A. All shipments and/or deliveries shall be made to the following address:
Fleet Maintenance
901 Luther Peterson Place
Round Rock,Texas 78664
B. Goods shall be received between the hours of 8:00 am to 5:00 pm Monday through Friday.All shipments
shall be coordinated with a City-authorized representative.
C. No Fuel surcharges or mileage charges shall be permitted. Transportation costs shall be included in the
markup price bid in response to this solicitation.
3. RETURNS: The City of Round Rock reserves the right to return unused items as needed. The Contractor will
be responsible for issuing all return credits, to include any shipping charges, if necessary, for returns due to
incorrectly shipped orders, items damaged in transit, shipment of obsolete parts to the City, or instances of
surplus.
4. PRODUCTS:
A. All parts shall be in new and unused conditions. Used, damaged, demo, prototype, and/or discontinued
parts are not accepted.
B. Substitutions shall not be permitted unless agreed upon by the City.
5. CONTRACTOR RESPONSIBILTIES:Awarded contractor shall-
A. Be an authorized distributor of parts listed in Attachment A—Bid Sheet.
B. Ensure that orders and parts are delivered in a timely manner.
C. Notify the City of recalls,warranty replacements, safety notices, and/or any applicable information
regarding the parts being sold.
D. Provide the City with a Primary and Secondary(POC) point of contact.
6. CITY RESPONSIBILITIES: The City will-
A. Provide access to the facility upon delivery.
B. Provide delivery instructions or additional delivery locations if needed.
C. Coordinate returns and/or warranty claims in a timely manner.
Page 9 of 9
Exhibit "A''
Attachment A- Bid Sheet
IFB 23-011 REBID
Heavy Duty Brake Parts
The Respondent represents by their signature below that they are submitting a binding offer and are authorized to bind the respondent to fully
comply with the solicitation documents contained in IFB 23-011 REBID Heavy Duty Brake Parts.The Respondent acknowledges that they have
received and read the entire solicitation packet.attachments,and all documents incorporated by reference,and agrees to be bound by the
terms therein
Special Instructions.All prices must be quoted in order to be considered responsive,be advised that exceptions taken to any portion of the
solicitation will jeopardize acceptance of the bid.Alternative bids will not be considered and unauthorized modifications to the bid sheet format
will result in the rejection of the bid.The City reserves the right to purchase more or less than the quantities indicated below
Part# Manufacturer Description Estimated Unit Unit Cost Extended Total
Quantity
43764 SKF SEAL;WHEEL FRONT(QUANTUM,DASH,TAK-4) 10 EA 561.99 $619.90
61855 Armada DRUM,BRAKE,REAR,16.5"x9"SEVERE DUTY 10 EA 5219.99 $2.199.90
153.118Z156 Automann ROTOR;BRAKE,FRONT(TAK4)ENGINE&QUINT 20 EA $299.99 $5.999.80
201.1003LP2 Automann CAP NUT;WHEEL,INNER,LEFT HAND 10 EA $3.65 $36.50
201.1003RP2 Automann CAP NUT;WHEEL,INNER,RIGHT HAND 10 EA $3.65 $36.50
201.2003LP5 Automann LUG NUT,WHEEL,OUTER,LEFT HAND 10 EA $1.15 $11.50
201.2003RP5 Automann LUG NUT,WHEEL,OUTER,RIGHT HAND 10 EA 51.15 $11.50
201.6238L Automann STUD,WHEEL,LEFT HAND 10 EA $3.99 539.90
201 6238R Automann STUD,WHEEL,RIGHT HAND 10 EA $3.99 $39.90
4515PCSFT Abex SHOE;SET,BRAKE LINING,REAR 1 SIDE,2 SHOE 20 EA S209.99 54,199.80
4726ES2ARWBT Armada SHOE SET;BRAKE.REAR.2ND GEN,ES2 10 EA $9099 5909.90
DRUM.BRAKE,REAR TANDEM,PLATFORM
78502B Webb AERIAL 20 EA 5269.99 55,399.80
FS9501 Firestone WHEEL GUARD,SHIM,OLD STYLE 10 EA $279.99 $2,799.90
FS9503 Firestone WHEEL GUARD,SHIM,NEW STYLE 10 EA S299.99 52,999.90
MMD1203AF Meritor PAD SET,BRAKE,FRONT,SET(PIERCE TAK-4) 10 EA $242.77 52.427.70
Estimated Annual Total: $27,732.40
SECTION II-DELIVERY FEE STRUCTURE:This section will not be evaluated under Cost but will become part of the contract.This is
required information.
Fixed delivery fee S3 99
Section II-PERCENT OFF ADDITIONAL ITEMS:The information presented in this section will not be assessed based on cost,but it
is a crucial component of the contract.It is imperative to provide this information as requested.If the percentage discount is subject
to variation,kindly include both the minimum and maximum percentages.Alternatively,you may provide a separate document
outlining the breakdown of your percentage calculations.
Percent off catalog and/or percent discount(0-100) 0.0%
1of1
Exhibit "A"
ATTACHMENT A
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: IFB 23-011 REBID
RESPONDENT'S NAME: Brett Apple DATE: 07/19/2023
Provide the name, address, telephone number and E-MAIL of at least three(3)valid Municipal,
Govemment agencies or firms of comparable size that have utilized services that are similar in type and
capacity within the last two(2)years. City of Round Rock references are not applicable. References may
be checked prior to award. If references cannot be confirmed or if any negative responses are received it
may result in the disqualification of submittal.
1. Company's Name City of Austin
Name of Contact Mike Maharidge
Title of Contact Inventory Control Specialist
E-Mail Address Mike.Maharidge@austintexas.gov
Present Address 6301-J Harold Ct.
City, State, Zip Code Austin, TX 78721-3639
Telephone Number ( 512 ) 974-9022 Fax Number: ( )
2. Company's Name City of Austin
Name of Contact Isaac Mata
Title of Contact Inventory Control Specialist
E-Mail Address Isaac.Mata@austintexas.gov
Present Address 2412 Kramer Lane
City, State, Zip Code Austin, TX 78758
Telephone Number ( 512 ) 978-2342 Fax Number: ( )
3. Company's Name City of Cedar Park
Name of Contact Nick Long
Title of Contact Nick.Long@cedarparktexas.gov
E-Mail Address Field Superintendent
Present Address 2401 Brushy Creek Loop
City, State, Zip Code Cedar Park, TX 78613
Telephone Number ( 512 )401-5564 Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Scoring Summary
Active Submissions
Total Cost Responsiveness
Supplier / 100 pts / 100 pts Pass/Fail
TruckPro 100 pts 100 pts ($27,732.40) Pass