HomeMy WebLinkAboutResolution - 2022-R0278 - Contract 16495 with Kann Manufacturing Corporation 6.14.22Resolution No. 2022-RO278
Item No. 6.21
June 14, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Service Contract No. 16495 for hydraulic cylinders
for refuse trucks as per ITB 22-16495-SB, by and between the City of Lubbock and Kann
Manufacturing Corp of Gutenberg, IA, and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in
the minutes of the City Council.
Passed by the City Council on
A EST:
RebMca Garza, City Secretary
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
Kf Ili Leisure, Assistant City Attorney
June 14, 2022
Y 0XISIE, MAYOR
ccdocs/RES.ServiceContract 16495- Kann Manufacturing Corp
05.25.22
Resolution No. 2022-RO278
Contract 16495
City of Lubbock, TX
Contract for
Hydraulic Cylinders for Refuse Trucks
THIS CONTRACT made and entered into this 14th day of June , 2022, by and between the
City of Lubbock ("City"), and Kann Manufacturing Corp., "Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Hydraulic Cylinders for Refuse
Trucks and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized
the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase
and delivery of the said Hydraulic Cylinders for Refuse Trucks.
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which are attached
hereto and made part hereof, Contractor will deliver to the City, Hydraulic Cylinders for
Refuse Trucks and more specifically referred to on the Bid Form submitted by the Contractor
or in the specifications attached hereto.
2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done
the work provided for in this Contract and to complete and finish the same according to the
attached specifications, offer, and terms and conditions contained herein.
3. The contract shall be for a term of one (1) year, with the option of two (2), one year extensions,
said date of term beginning upon formal approval. All stated annual quantities are
approximations of usage during the time period to be covered by pricing established by this bid.
Actual usage may be more or less. Order quantities will be determined by actual need. The City
of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or
maximum amount of services under this bid and resulting contract. The Contractor must
maintain the insurance coverage required during the term of this contract including any
extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with
the Purchasing and Contract Management Department as required by contract or contract may
be terminated for non-compliance.
4. Prices quoted shall be set for a period for one (1) year, said date of term beginning upon City
Council date of formal approval. The rate may be adjusted upward or downward at this time at
a percentage not to exceed the effective change in Consumer Price Index (CPI) or Product Price
Index (PPI), which ever is most appropriate for the specific contract for the previous 12-months
at the City's discretion, the effective change rate shall be based on either the local or national
index average rate for all items. If agreement cannot be reached, the contract is terminated at
the end of the current contract period.
5. This contract shall remain in effect until the first of the following occurs: (1) the expiration date,
(2) performance of services ordered, or (3) termination of by either party with a 30 day written
notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest
and best bidder as it deems to be in the best interest of the city.
6. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or hold
itself out as, an agent or representative of City. In no event shall Contractor be authorized to
enter into any agreement or undertaking for or on behalf of City.
7. Insurance Requirements: not applicable
8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
9. The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior
to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this document, this provision shall
control.
10. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times, reserves
the right to audit Contractor's records and books relevant to all services provided to the City
under this Contract. In the event such an audit by the City reveals any errors or overpayments
by the City, Contractor shall refund the City the full amount of such overpayments within 30
days of such audit findings, or the City, at its option, reserves the right to deduct such amounts
owing the City from any payments due Contractor.
11. All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of non -appropriation of funds by the City
Council of the City of Lubbock for the goods or services provided under the contract, the City
will terminate the contract, without termination charge or other liability, on the last day of the
then -current fiscal year or when the appropriation made for the then -current year for the goods
or services covered by this contract is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the
City shall not be obligated under this contract beyond the date of termination.
12. The Contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent be
given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the
Subcontractor that complies with all contract Insurance requirements.
13. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terms and conditions and the descriptive
material contained herein and any additional associated documents and Amendments. The City
disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by
the parties. In the event of conflict between these terms and conditions and any terms and
conditions provided by the Contractor, the terms and conditions provided herein shall prevail.
The terms and conditions provided herein are the final terms agreed upon by the parties, and any
prior conflicting terms shall be of no force or effect.
14. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist
organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas
Government Code, as a company known to have contracts with or provide supplies or services
to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign
terrorist organization" shall have the meaning given such term in Section 2252.151, Texas
Government Code.
15. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
contract and the contractor or vendor agrees that the contract can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that
subchapter.
To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor
agrees to: (1) preserve all contracting information related to the contact as provided by the
records retention requirements applicable to the governmental body for the duration of the
contract; (2) promptly provide to the governmental body any contracting information related to
the contract that is in the custody or possession of the entity on request of the governmental
body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental
body all contracting information related to the contract that is in the custody or possession of the
entity; or (B) preserve the contracting information related to the contract as provided by the
records retention requirements applicable to the governmental body.
16. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a
contract that: (1) is between a governmental entity and a company with 10 or more full-time
employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from
public funds of the governmental entity. (b) A governmental entity may not enter into a contract
with a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
17. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it
does not, and will not for the duration of the contract, have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association or (2) the
verification required by Section 2274.002 of the Texas Government Code does not apply to the
contract. If Contractor is a company with 10 or more full-time employees and if this Agreement
has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government
Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and will not discriminate during the term of
the contract against a firearm entity or firearm trade association.
18. Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of the
Texas Government Code does not apply to the contract. If Contractor is a company with 10 or
more full-time employees and if this Agreement has a value of at least $100,000 or more,
Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott
energy companies; and will not boycott energy companies during the term of the Agreement.
This verification is not required for an agreement where a governmental entity determines that
these requirements are inconsistent with the governmental entity's constitutional or statutory
duties related to the issuance, incurrence, or management of debt obligations or the deposit,
custody, management, borrowing, or investment of funds.
19. The Contractor shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without
prior written consent of the City, unless otherwise required by law.
20. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials,
officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of
any kind, character, type, or description, including without limiting the generality of the
foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any
person, or injury to any property, received or sustained by any person or persons or property, to
the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its
agents, employees, and/or subcontractors, related to the performance, operations or omissions
under this agreement and/or the use or occupation of city owned property. The indemnity
obligation provided herein shall survive the expiration or termination of this agreement.
21. This Contract consists of the following documents set forth herein; General Requirements,
Specifications, Bid Submission Information, and the Bid Form.
-----INTENTIONALLY LEFT BLANK—
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
CITY CK
T ayne *or
A EST:
Rebecca arza, City Secretary
APP OVED AS TO CONT NT:
Dominic Esperat, Director Neet Services
APPROVED AS To FORM:
M& WI&44
Keld Leisure, Assistant City Attorney
CONTRACTOR
BY
Authorize epresentative /
Print Name
PD 3 4DC)
Address
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City, State, Zip Code
II. GENERAL CONDITIONS
**** PLEASE READ CAREFULLY ****
These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City
shall mean the City of Lubbock.
1Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to
increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase
shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly
recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the
City for anticipated profits for the quantities called for, diminished or deleted.
2 Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this
bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any
and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot
satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly
remove such equipment or product without any further expense to the City. At the City's request, Seller will provide
evidence sufficient to demonstrate such equipment or product meets the foregoing.
3 Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each
delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if
applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of
lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of
Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in
default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE
PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING
CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR
SURCHARGES.
4 Delivery Delay When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Director, who
shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the
Purchasing Director informed at all times of the status of the order.
5 Damage Assessment: Default in any manner under the contract, including, but not limited to default on promised
delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Director to
purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and
all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing
Office to locate the goods at the same or better price as than originally contracted.
6 Late Delivery Fee: The City will also have the option to charge the vendor a fee of $50.00 per vehicle per day for late
delivery. Late fee applies when vendor has not requested and received prior written permission and approval from the
ordering entity to make delivery after the number of days established by the contract or the purchase.
7 Packaging: Seller will package goods in accordance with good commercial practice. Each shipping container shall be
clearly and permanently marked as follows: (a) Seller's name and address. (b) Consignee's name, address and purchase
order or purchase release number and the supply agreement number if applicable, (c) Container number and total number
of containers, e.g., box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost
of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to
conform with requirements of common carriers and any applicable specifications. The City's count or weight shall be
final and conclusive on shipments not accompanied by packing lists.
8 Delivery Time: Deliveries will be accepted only during receiving hours: 9:00 A.M. - 3:30 P.M., Monday through Friday,
except on City holidays, at the designated location.
9 Damage: The City assumes no liability for goods delivered in damaged or unacceptable condition. The Seller must
handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon
notification by the City.
10 No Warranty By The City Against Infiin eg ments: As part of the contract for sale, Seller agrees to ascertain whether
goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of
any third person by way of infringement of the like. The City makes no warranty that the production of goods according
to the specification will not give rise to such a claim, and in no event shall The City be liable to Seller for indemnification
in the event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement
or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract.
If the City does not receive notice and is subsequently held liable for the infringement or the like, Seller will save The
City harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will
result in infringement or the like, the contract shall be null and void.
11 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS)
for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any
manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6,
Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF
1910.1200, which is generally known as the Right to Know Law.)
12 Shipment Under Reservation Prohibited: Seller is not authorized to ship the goods under reservation and no tender of a
bill of lading will operate as a tender of goods.
13 Title & Risk Of Loss: The title and risk of loss of the goods shall not pass to the City until the City actually receives and
takes possession of the goods at the point or points of delivery as provided herein.
14 No Replacement of Defective Tender: Every tender of delivery of goods must fully comply with all provisions of the
contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute
a breach of the contract and Seller shall not have the right to substitute a conforming tender, provided, where the time
for performance has not yet expired, the Seller may reasonably notify the City of his intention to cure and may then
make a conforming tender within the Contract time but not afterward.
15 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller
if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by
the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view
toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of
any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City
pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold
the amount of the cost incurred by Seller in providing such gratuities.
16 Special Tools & Test Equipment: If the price stated on the face hereof includes the cost of any special tooling or special
test equipment fabricated or required by Seller for the purpose of filing this order, such special tooling or equipment and
any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by
the Seller as such.
17 Non -Arbitration: The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction.
Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial
remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the
extent of any conflict between this provision and another provision in, or related to, this document, this provision shall
control.
18 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be
no higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the
contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches
this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative.
The City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants
that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or
understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide
established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or
violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract
without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission,
percentage, brokerage, or contingent fee.
19 Safety Warranty: Seller warrants that the product sold to the City shall conform to the standards promulgated by the U.
S. Department of Labor under the Occupational Safety and Health Act of 1970 and/or any other governmental agency
standards or regulations. In the event the product does not conform to each OSHA or other standards, Seller shall be in
default hereunder, and the City may exercise and of the remedy provided for herein, including but not limited to return
of the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate
correction within a reasonable time, correction made by the City will be at the Seller's expense
20 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting them.
21 Vendor retrieval of Vehicles: Vendor shall remove noncompliant vehicles (s) form City premises within five working
days after receiving written notification from the ordering entity. If vehicle is not removed by vendor within the five
working days time frame, the city may arrange for vehicles to be removed and secured by a local towing and storage
facility. Vendor will be responsible for payment of all related towing and storage charges. The City will not be
responsible for payment of all related towing and storage charges. The City will not be responsible for liable for damage
or loss of noncompliant vehicles with remain on City premises, or which are removed by towing company, five working
days after vendor is notification.
22 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order
if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files
bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other
remedies which the City may have in law, equity or hereunder.
23 Termination: the City may terminate the contract or purchase order in whole, or in part. Termination hereunder shall be
effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase
order is terminated and the date upon which such termination becomes effective. In the event of said termination, in
whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment
only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the
contract or purchase order.
24 Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms
of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood.
25 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by
Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly
void and totally ineffective for all purposes unless made in conformity with this paragraph.
26 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or
renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed
by the aggrieved party.
27 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in
its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a
final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their
agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained
in the Code is to control.
28 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform
Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of
Texas as effective and in force on the date of the contract.
29 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other parry's intent to
perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand
is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the Contract.
30 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees,
against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which
may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise
result there from, whether or not it shall be alleged or determined that the act was caused through negligence or omission
of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own
expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred
in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Seller shall, at
its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the
contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the City as herein provided.
31 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of
Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination
charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -
current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days
prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this
contract beyond the date of termination.
32 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and
failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract.
33 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a
detailed description concerning any point, shall be regarded as meaning that only the best commercial products and
practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations
of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall
be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials
used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items
and shall be an established supplier of the item bid.
34 Environmental Stewardship: The City of Lubbock is fully committed to environmental excellence. It is the policy of
the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of
City activities, operations, and services. This commitment extends to the procurement and contracting process.
Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high
standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all
applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and
procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract
with the City. To the greatest extent possible, while still delivering the highest quality service or material, City
contractors and suppliers, as well as any sub -contractors under their supervision, will:
• minimize waste and pollution generation;
• conserve natural resources and energy;
• minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and
products;
• use the highest available post -consumer content materials and products;
• recycle and/or reuse as much as is possible, waste materials; and
• incorporate into project design energy efficient fixtures, appliances and mechanical equipment.
35. The City Right to Audit: At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit
Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an
audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of
such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct
such amounts owing the City from any payments due Contractor.
36. Contractor Acknowledges: Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained
herein and any additional associated documents and Amendments. The City disclaims any terms and conditions
provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms
and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein
shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior
conflicting terms shall be of no force or effect.
37. Confidentiality: The Contractor shall retain all information received from or concerning the City and the City's business
in strictest confidence and shall not reveal such information to third parties without prior written consent of the City,
unless otherwise required by law.
38. Indemnity: The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers,
agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or
description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and
attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or
persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its
agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement
and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the
expiration or termination of this agreement.
City of Lubbock, TX
Purchasing and Contract Management
ITB 22-16495-SB
Hydraulic Cylinders for Refuse Trucks
Specifications
Scone
The City of Lubbock is seeking a contract for Hydraulic Cylinders for Refuse Trucks.
Each item must meet or exceed the specifications of the original equipment part numbers listed. Items
to be delivered by third party.
Truck Categories
The following is a current list of categories of City vehicles and equipment, by Category that are
included in this maintenance and repair contract.
Category
Estimated Qty.
Description
Trucks
69
Class 8
City of Lubbock, TX
Purchasing and Contract Management
Bid Submission Information
In compliance with the Invitation to Bid, the undersigned Bidder having examined the Invitation to Bid,
instructions to bidders, General Conditions of the Agreement, Specifications, and being familiar with the
conditions to be met, hereby submits the following bid for furnishing the material, equipment, labor and
everything necessary for providing the items listed and agrees to deliver said items at the locations and for
the prices set forth on the bid form and/or the bid table associated with this bid.
A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations
of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices
are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any
kind. The Invitation to Bid is by reference incorporated in this contract.
Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre -Paid and Allowed
Where applicable, delivery days are: Days After Receipt of Order (ARO)
Unless otherwise specified herein, the City may award the bid either item -by —item or on an all -or -
none basis for any item or group of items shown on the bid.
The City of Lubbock is seeking a contract for with one or more contractors. In order to assure
adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the
products desired, if multiple awards are in the best interest of the City. A decision to make a multiple
award of this Bid, however, is an option reserved by the City, based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of -0-0/0, net
calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated
on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder
within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event
occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of
days will be interpreted as applying within the stipulated number of calendar days after the date of receipt
by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever
event occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price
charged anyone else, including its most favored customer, for like quality and quantity of the
products/services; does not include an element of profit on the sale in excess of that normally obtained by
the Bidder on the sale of products/services of like quality and quantity; and does not include any provision
for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for
sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at
a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the
lower price(s) on all deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental
entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized
interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791,
Government Code), the right to purchase the same services, at the prices quoted, for the 'period of this
contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor
Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental
entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions,
specifications, and pricing would apply?
Primary Responses
Sureaw: AN data la vatic"
Cylinder Parts for KANN Refuse Trucks
Not Slddlnp
No Bid
7-1
Scissor Cylinder Part 035310"
Sucens: Ali values prevmed
Bid
a1-2
Tailgate Cylinder Part 01400161
Sumes: AS values provld.d
Bid
a1-3
Packer Cylinder Part 91400204
Suca Ali values prcviaed
Bid
014
Hopper Door Cylinder Part #1400176
Succew All values pnwldad
Bid
01.5
Hydraulic Pump Part 04530042
Ownlrty UOM Oclrvcry Days Und Pncu At Ices[ Onc *o WI L'c!.[
Required (��-) ARO Ycar Warranty
20
F.A
EA
7 dap
1 year E25.260.00
2D
EA
7 days
:1,26300
2,695.00 1 year +$ 53,900 00
Z>
EA
7 days
i
$ 1.844 00 1 year $36,88000
20
FJ,
7 deye
S 8,673.00 1 Year. 137,480.00
Other governmental entities that might have interests in this contract are Frenship Independent
School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District,
Lubbock Independent School District, South Plains Association of Governments, City of Texarkana,
Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO
If you (the bidder) checked YES, the following will apply:
Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of
Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s)
awarded as a result of this solicitation. All purchases by governmental entities other than the City of
Lubbock will be billed directly to that governmental entity and paid by that governmental entity.
City of Lubbock will not be responsible for another governmental entity's debts. Each governmental
entity will order their own materials/service as needed.
Addenda
Bidder acknowledges receipt of addenda issued in regard to this solicitation:
Addenda No. I Date q - J -a-_L
Addenda No. Date
Addenda No. Date
Addenda No. Date
Insurance Requirements
I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been
reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I
will be able to, within ten (10) business days after being notified of such award by the City of Lubbock,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid.
If the time requirement specified above is not met, the City has the right to reject this proposal and award
the contract to another contractor. If you have any questions concerning these requirements, please contact
the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572.
Suspension and Debarment Certification
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from
contracting with or making sub -awards under covered transactions to parties that are suspended or
debarred or whose principals are suspended or debarred. Covered transactions include procurement
contracts for goods or services equal to or in excess of $25,000 and all non procurement transactions (e.g.,
sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and
its principals are not suspended or debarred by a Federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are
suspended or debarred by a Federal agency.
TEXAS GOVERNMENT CODE SECTION 2252.152
The undersigned representative of the undersigned company or business, being an adult over the age of
eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify
that the company named above is not listed on the website of the Comptroller of the State of Texas
concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above -named company enter into a contract that is on said
listing of companies on the website of the Comptroller of the State of Texas, which do business with Ilan,
Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing
and Contract Department.
TEXAS GOVERNMENT CODE SECTION 2271.002
Company hereby certifies the following:
1. Company does not boycott Israel; and
2. Company will not boycott Israel during the term of the contract.
The following definitions apply to this state statute:
(1) 'Boycott Israel' means refusing to deal with, terminating business activities with, or otherwise taking
any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically
with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does
not include an action made for ordinary business purposes; and
(2) "Company" means an organization, association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, or limited liability company, including a wholly owned
subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business
associations that exists to make a profit.
Vendor Acknowledgement
In compliance with this solicitation, the undersigned bidder having examined the invitation to bid,
instructions to bidderrs, documents associated with the invitation to bid, and being familiar with the
conditions to be met, has reviewed the information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in bid rejection.
Intentionally Left Blank
Submission Information
THIS BID IS SUBMITTED BY
a corporation organized under the laws of the State of 1poo, , or a partnership consisting
Of or individual trading as of
the City of
Tax ID No.• a - lj 1q c3 $�6 0 Address: P 01 tD QkAuj
+
City: �, u s1(R State: SA Zip:
NVWBE Firm:
DO
Woman Black American Native American
Hispanic American Asian Pacific American Other (Specify)
Please complete the information below.
Authorized Rhpresentatike - must sikn by hand
Officer Name and
Date: q 1 4 ` a oL
ti Q
Business Telephone Number 3 0 5"�t U oZ I I FAX: S'� 31a
E-mail Address: -,M�, K LKYNYA 'S , C' O W\
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parses.
CERTIFICATION OF FILING
Certificate Number:
2022-891527
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
KANN MANUFACTURING CORPORATION
GUTTENBERG, IA United States
Date Filed:
05/26/2022
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
CITY OF LUBBOCK
Date Acknowledged:
05/26/2022
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
16495
Kann Hydraulic Cylinders
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
TAAKE, ROGER
GUTTENBERG, IA United States
X
KANN, WILLIAM
GUTTENBERG, IA United States
X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (City) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of . 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
runny liiuviueu uy i t:xas corks t~ommission www.etnics.state.mus Version V1.1.191b5cdc
CERTIFICATE OF INTERESTED PARTIES FORM 1295
l ofl
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2022-891527
KANN MANUFACTURING CORPORATION
GUTTENBERG, IA United States
Date Piled:
05/26/2022
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
CITY OF LUBBOCK
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
16495
Kann Hydraulic Cylinders
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
TAAKE, ROGER
GUTTENBERG, IA United States
X
KANN, WILLIAM
GUTTENBERG, IA United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
C $
SON
L �I�
A[ My address is (a1 9 . Z.Na J1�� , _=A-, S5457 - USA .
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
T- r'.6�
Executed in 4� County, State of ynwo. on tho ZI - "day of 207 ti ,
(mont (year)
(�
Signature of authorized akjht of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
# Items
City of Lubbock
ITB 22-16495-SB
Hydraulic Cylinders for Refuse Trucks
Bid Tab
Kann Manufacturing Corp
Guttenburg,IA
Total Cost $ 253,500.0
At
least
Quantity Delivery One
Required Days Unit Year Total
(+/-) UOM , ARO Price Warranty Cost
#1-1
Scissor Cylinder Part #3531044 20
#1-2
Tailgate Cylinder Part #1400161 20
#1-3
Packer Cylinder Part #1400204 20
# 1-4
Hopper Door Cylinder Part # 1400176 20
# 1-5
Hydraulic Pumv Part #4530042 20
#2-1
Packing Cylinder Part #SD85Mc-15-220
20
#2-2
Hopper Door Cylinder Part #4148043
20
#2-3
Carriage Cylinder Part #4148026
20
#24
Tailgate Cylinder Part #4149070
20
#2-5
Hydraulic Pump Part #2021306
20
#2-6
Hydraulic Pump Manifold Part #2021306-F
20
-�PUTHWESTERN EQUIPMENT COMPAA
Justin, TX
$ 272,000.0
At
least
Delivery One
Days Unit Year Total
ARO Price Warranty Cost
EA
No Bid
No Bid
No Bid
No Bid'?
No Bid
No Bid
No Bid
No Bid
EA
7 days
1,263.00
1 year
25,260.00
No Bid
No Bid
No Bid
No Bid
EA
7 days
2,695.00
1 year
53,900.00
No Bid
No Bid
No Bid
No Bid
EA
7 days
1,844.00
1 year
36,N0.00
No Bid
No Bid
No Bid
No Bid
EA
7 da s
6,873.00
1 year 137,460.00
No Bid
No Bid
No Bid
No Bid
EA
No Bid
No Bid
No Bid
No Bid
2 days
12,500.00
YES 250,000.00
EA
No Bid
No Bid
No Bid
No Bid
2 days
1,100.00
YES
22,000.00
EA
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
EA
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
EA
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
EA
No Bid
No Bid
No Bid
No Bid I
No Bid
No Bid
No Bid
No Bid