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Home My WebLink AboutResolution - 2004-R0275 - Contract For Thermoplastic Marking Material - Barricades Unlimited - 06/09/2004RESOLUTION Resolution No. 2004-R0275 June 9. 2004 Item No. 43 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for thermoplastic marking material, between the City of Lubbock and Barricades Unlimited of Lubbock, Texas, 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. ATTEST: g~~-~ ReccaGafZa, City secretarY APPROVED AS TO CONTENT: APPROVED AS TO FORM: as/ccdocs/Contract-Barricades Unlimited.res May 26, 2004 CITY OF LUBBOCK CONTRACT FOR SERVICES For THERMOPLASTIC MARKING MATERIAL Bid No. 058-04/RW Resolution No. 2004-R0275 June 9, 2004 Item No. 43 THIS CONTRACT, made and entered into this 9th day of June, 2004, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and BARRICADES UNLIMITED, ("Contractor"), WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Thermoplastic Marking Material and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a Contract with said Contractor covering the purchase and delivery of the said Thermoplastic Marking Material. 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 specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the Thermoplastic Marking Material specifically referred to as ltem(s) No. 1-13 and more particularly described in the bid 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. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. Contractor shall at all times be an independent contractor and not an agent or representative of the 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 the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 5. The Contractor shall obtain and maintain in full force and effect during the term of the Ccontract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A-VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1 ,000,000 Per Occurrence $2,000,000 Annual Aggregate The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insureds under the policies. The Contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The Contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the Contract or any extension, the Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. 6. 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. 7. This Contract consists of the following documents set forth herein; Invitation to Bid #058-04/RS, General Conditions, Specifications, and the Bid Form. 8. The performance of work under this Contract may be terminated in whole, or in part by the City in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Contractor or a "Notice of Termination" specifying the extent to which performance of work under the Contract is terminated and the date upon which such termination becomes effective. 9. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this Contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 10. No claim or right arising out of the breach of this Contract can be discharged in whole or in part by a wavier 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. 11. This Agreement shall be governed by the Uniform Commercial Code. Where ever 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 this agreement. 12. Seller shall indemnify, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suites, liabilities, judgments, costs and expenses, which may in anywise accrue against the City in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the Contractor or assignee or its employees, if any, and the Contractor shall, at its own expense, appear, def end and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Contractor shall , at its own expenses, satisfy and discharge the same. Contractor expressly understands and agrees that any bond required by this Contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 13. It is hereby expressly agreed and understood that time is of the essence for the performance of this Contract, and failure by Contract to meet the time specifications of this Agreement will cause Contractor to be in default of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CONTRACTOR ~U l<,05 Ja4~1CuJ Printed Name ATTEST: g .~-k~- Reecca Garza, City secretarY6 l1, #1 r =Ptt~ TN t: (l_ Title ATTEST: APPROVED AS TO FORM: A~/ SUBMIT TO: CITY OF LUBBOCK PURCHASING DEPARTMENT 1625 13™ STREET, RM L04 1-L_U_B_Bo_c_K_, _TX_79_40_1_·_38_3o ___ --t AN EQUAL CONTACT PERSON: OPPORTUNITY RANDY WOOD EMPLOYER i--;.;;;.:.:..:~_:...;...::..:;..;,_ _______ -i TEL: 806.775.2167 FAX: 806. 775.2164 http://purchaslng.cl.lubbock. tx. us TITLE: Thermoplastic Marking Material PRE BID DATE, TIME AND LOCATION: Resolution No. 2004-R0275 ITB #058·04/RW, Thermoplastic Marking Material CITY OF LUBBOCK, TEXAS INVITATION TO BID #058-04/RW SUBMITTAL DEADLINE: April 22, 2004, 2 P.M. CST Any bids received after the time and date listed above, regardless of the mode of de/Ivery, shall be returned unopened. (), .1 1 k:, LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, l'---..:...;.......=;::z:;..,a.......,'":----""-----'-v-~---"1 THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE ~?~~=3~-....t,..=,_--1.~llo....l'--f-.4---J......:;--'~ COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE, l1-..-.....:;...-=---__..__+-----....._-..._ _____ --1 REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE p:::.._1-:._.;..;:=::...:...J!:~:,_i:;::L.,ji,.......o'--=..:...:;.;;;.__,=;.__~-=;...L....j SOURCE. SUCH NOTIACATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAi. DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #1 __ #2 __ #3 __ #4 __ #5_ (Please Initial) The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be Interested In the sale to the City of any supplies, equipment, material or articles purchased. Wll~Jlfflcer or employee of the City, or member of their Immediate family, benefit from the award of this bid to the above firm?_ YES NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND 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 ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer Is made without prior understandlns, asreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and Is In all respects fair and without collusion or fraud. I further asree that ff the offer Is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all risht, title, and Interest In and to all causes of action ft may now or hereafter acquire under the Anti-trust laws of the United States and the State of Te for price fixing relating to the particular commodlty(s) or service (s) purchased or acquired by the City of ubbock. At the City's dis etion, such as I nment shall be made and become effective at the ti he City tenders final payment to the ndor. -......__; I 1..,J- THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 058·04·RWITBBestVal.doc 1 BID FORM Thermoplastic Marking Material CITY OF LUBBOCK, TEXAS ITB #058·04/RW ITB #058-04/RW, Thermoplastic Marking Material In compliance with the Invitation to Bid #058·04/RW, the undersigned Bidder having examined the Invitation to Bid and 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 below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #058-04/RW is by reference incorporated in this contract. The Bid Form must be completed in blue or black Ink or by typewriter. Estimated quantities for the bid are as follows: UNIT OF UNIT PRICE* Extended Delivery ITEM QTY MEASURE DESCRIPTION BID Cost Davs ARo•• 1. 124734 FT 90 mil Yellow Solid 4" s "'7 '{ S.J1 it~~A5 ..l-1 da\J.s 2. 31020 FT 90 mil Yellow Skip 4" 3. 67775 FT 90 mil White Skip 4" 4. 25071 FT 90 mil White Solid 8" 5. 44440 FT 60 mU Yellow Solid 4" 6. 3811 FT 90 mil White Solid 24" 7. 2 EA 90 mU Straight Arrow (ea) 8. 39 EA 90 mil Right Turn Arrow (ea) 9. 78 EA 90 mil Left Turn Arrow (ea) 10. 2 EA 90 mil Option RT /ST (ea) 11. 772 EA 4" Clear RPM (ea) * 12. 486 EA 4" Yellow RPM (ea) ** 13. 2445 EA 6" Yellow RPM (ea)*** *PRICE: F.O.B. City of Lubbock **Days After Receipt of Order (ARO) * TxDot Item 672, Class B, Type l·C or approved equal ** TxDot Item 672, Class B, Type II A·A or approved equal ***Apex 6" Round 2·Y or approved equal '17~ 5" 4:1.i.SO I J? ~ 11 l!'1 .. n.4.3 I 3. l ~.oz:i.7' , J7 ~ 1."171 "t. '-/I 2.~ I/A. It:! l.:'J C) 7S.oD rc;o.oo "'1S ,Ol) :l 'h.5.00 .. fl,041 ~ 850.VO • 5., DI) 1'10.00 j .,_~ I "137..00 :J..., :l~ , i.cA 3.So ID.£ o "Jc> t}7~.'5() PAYMENT TERMS AND DISCOUNTS· Bidder offers a prompt payment discount of 0 %, ne~ calendar days. Discounts will not be considered In determlnln1 low bid. Unless otherwise Indicated on the Bid Form, payment terms wilt 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. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entitles of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the lnterlocal 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? Other governmental entitles that might have Interests In this contract are Frenshlp 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 Asency, Lynn County, and City of Wolfforth. YES. ____ _ ............. NO ____ _ • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing lnterlocal 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. 058·04·RWITBBestVal.doc 2 ,, fl I( /I It ,, t/ II II ,, ,, II ITB #058-04/RW , Thennoplaslic Marking Material a corporation organized under the laws THIS BID IS SUBMITTED Bv13>A:U I cADl?-S ufl) L-T D of the State of , or aenershi)onslsting of ________________ _ or an divldual trading as ---~------------of the City of h..IJ f;Bt? ~ ~- State: Black American Asian Pacific American s sign by hone/ Ll-ro~ BuslnessTelephoneNumb{_'(O~) 7'ff-(~/v.O FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: _________________ _ Date of Award by City Council (for bids over $25,000J: ________ Date P.O./Contract Issued: _____ _ LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 058·04·RWITBBestVal.doc 3 Thermoplastic Marking Material CITY OF LUBBOCK, TEXAS ITB #058·04/RW ITB #058-04/RW, Thermoplastic Marking Material THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND A TT ACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS 1 BID DELIVERY, TIME & DATE 1. 1 The City of Lubbock is seeking written and sealed competitive bids to furnish Thermoplastic Marking Material per the attached specifications. Sealed bids will be received no later than 2 p.m. CST, April 22, 2004, if date/time stamped on or before [Close Time] at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #058-04/RW, Thermoplastic Marking Material" AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courter agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1. 5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a pre-bid meeting will be held at 11 :00 AM. April 6, 2004, in Planning Conference Room 107. Lubbock, Texas. All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. 058·04·RWIT8BestVal.doc 4 ITB #058-04/RW, Thermoplastic Marking Material 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre-bid meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. 3 CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language. requirements, etc .. or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Randy Wood, Buyer City of Lubbock 1625 13th Street Lubbock, Texas 79401 Fax: (806) 775·2164 Email: rwood@mylubbock.us 4 ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by bid amendments (addenda). 4.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an Interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written ADDENDA issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be sent to all bidders who are known to have received a copy of the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days prior to the bid closing date. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or fn this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any inf ormatfon that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 058-04-RWITBBestVal .doc 5 ITB #058-04/RW, Thermoplastic Marking Malarial 5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5. 1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 6 BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. SHOULD YOU CHOOSE NOT TO BID, FAILURE TO RETURN THE FORM STATING YOUR REASON FOR NOT BIDDING BEFORE THE RESPONSE DUE DATE/TIME MAY RESULT IN REMOVAL OF YOUR FIRM FROM THE BIDDERS LIST. 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, ff applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The number of calendar days required to place the materials in the City's receiving point under normal conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. 6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6. 7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or fort eit the right to payment for such items. 6. 9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 058·04-RWITBBestVal.doc 6 ITB #058-04/RW, Thermoplastic Marking Material 7 BID PREPARATION COSTS 7. 1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs· related to the preparation and submission of a bid shall be paid by the bidder. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.11 O of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 9 LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans. 11 CONFLICT OF INTEREST 11. 1 The bidder shall not off er or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other 058·04·RWITBBestVal.doc 7 ITB #058-04/RW, Thermoplastic Marking Material thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITIER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price -20% b) The reputation of the of the bidder and of the bidder's goods or services -10% c) The quality of the bidder's goods or services -20% d) The extent to which the goods or services meet tlJe City's needs -10% e) The bidder's past relationship with the City -10% f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities -10% g) The total long-term cost to the City to acquire goods or services -10% h) Any relevant criteria specifically listed in the Invitation to Bid -10% 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. 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 Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti-Trust violations. 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable 058·04·RWITBBestVal.doc 8 ITB #058-04/RW , Thermoplastic Marking Material Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 13.7 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. 14 EQUAL EMPLOYMENT OPPORTUNITY 14. 1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 1 5 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. 15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned. 15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and address and item number. 15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion, assess warranty offered, and utilize life-cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested specification sheet not be submitted with a bid, this is considered non-responsive and therefore may not be considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY. 058-04-RWITBBestVal.doc 9 ITB #058-04/RW, Thermoplastic Marking Material 16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 16.1 Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within three percent (3%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. 16.2 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 17 QUALIFICATIONS OF BIDDERS 17 .1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to. satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or services. 18 ANTI-LOBBYING PROVISION 18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY-SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 18.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect 058·04 ·RWITBBestVal .doc 10 ITB #058-04/RW, Thermoplastic Marking Material the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 19 UTILIZATION OF LOCAL BUSINESS RESOURCES 19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Council by contacting the Executive Assistant to the City Council. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21 BIDDING ITEMS WITH RECYCLED CONTENT 21.1 In addressing environmental concerns, the City of Lubbock encourages Bidders to submit bids or alternate bids containing items with recycled content. 21.2 When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. 058·04·RWIT8BestVal.doc 11 ITB #058-04/RW, Thermoplastic Marking Material 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. Quantities: 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. SELLER FURTHER REPRESENTS AND WARRANTS TO THE CITY THAT THE OCCURRENCE IN OR USE BY THE EQUIPMENT OR PRODUCT CONTAINING COMPUTER CODE OF DATES ON OR AFTER JANUARY 1, 2000 ("MILLENNIAL DATES"), WILL NOT ADVERSELY AFFECT THE PERFORMANCE OF SUCH EQUIPMENT OR PRODUCT WITH RESPECT TO DATE-DEPENDENT DATA, COMPUTATIONS, OUTPUT, OR OTHER FUNCTIONS (INCLUDING, WITHOUT LIMITATION, CALCULATING, COMPARING, AND SEQUENCING) AND THAT SUCH EQUIPMENT OR PRODUCT WILL CREATE, STORE, PROCESS, AND OUTPUT INFORMATION RELATED TO OR INCLUDING MILLENNIAL DATES WITHOUT ERROR OR OMISSIONS AND AT NO ADDITIONAL COST 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 def a ult 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 Manager, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Manager informed at all times of the status of the order. 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 Manager 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. 5 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 1 058·04·RWITBBestVal.doc 12 ITB #058-04/RW, Thermoplastic Marking Material 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. 6 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. 7 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. 8 No Warranty By The City Against Infringements: 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. 9 Material Safety Data Sheets: Seller shall provide Material Safety Data Sheets (MSDS) for all chemicals 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.) 1 O 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. 11 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. 12 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. 13 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. 14 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 058 ·04·RWlTBBestVal.doc 13 ITB #058-04/RW, Thermoplastic Marking Material 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. 15 Warranty-Price: a. The price to be patd by the City shall be that contained in Seller's btd 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 ltke 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 ftde 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 lfabtlity and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 16 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, tncludtng but not ltmtted to return of the product for correction or replacement at the Seller's expense. In the event Seller fatls to make the appropriate correction within a reasonable ttme, correction made by the City will be at the Seller's expense 17 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting them. 18 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of thts order if Seller breaches any of the terms hereof including warranties of Seller or tf the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancellation is tn addition to and not tn lieu of any other remedies which the City may have in law, equity or hereunder. 19 Termination: The contract or purchase order may be terminated in whole, or tn part by the City. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to whtch the contract or purchase order ts terminated and the date upon which such termination becomes effective. In the event of satd termtnatfon, tn whole or tn 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. 20 Force Majeure: 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. 21 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 votd and totally ineffective for all purposes unless made tn conformity wtth thts paragraph. 22 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or tn part by a waiver or renunciation of the claim or right unless the waiver or renunciation ts supported by consideration and is tn writing signed by the aggrieved party. 058·04-RWITBBestVal.doc 14 ITB #058-04/RW, Thermoplas~c Marki ng Material 23 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. 24 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. 25 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party'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. 26 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 therefrom, 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 therefrom 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. 27 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. 28 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 def a ult of the contract. 29 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. 058·04·RWIT88estVal.doc 15 CITY OF LUBBOCK, TEXAS STATEMENT OF NO BID ITB #058-04/RW, Thennoplastic Marking Material The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bid to: Victor Kilman, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB # ___ for the following reason(s): __ Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain reason below) __ Specifications unclear. (Please explain below) __ Insufficient time to respond to Invitation to Bid. __ We do not offer this product/s or equivalent. (If you wish to remain on bidders list for other commodities and/or services, please state particular product and/or service under which you wish to be classified.) __ Our product schedule would not permit us to perform. __ Unable to meet specifications. __ Job too large. Job too small. __ Cannot provide required bonding. __ Cannot provide requiFed insurance. __ Bidding through dealer. __ Do not wish to do business with the City of Lubbock. (Please explain below) __ Other (Please specify below) Company Name: _____________________________ __ Address: _______________________________ _ City: __________________ State: ___ Zip _________ _ Contact Name: Title: --------------- Business Telephone Number _____________ FAX: ___________ _ Internet Address: _____________________________ _ Company's Internet Web Page URL: _______________________ _ 058-04·RWITBBestVal.doc 16 ITB #058-04/RW, Thermoplastic Marl<lng Material City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eltgtbtlfty Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that Is not affixed to real property, If the City receives one or more bids from a bidder whose principal place of business ls In the City of Lubbock and whose bid Is within three percent (3%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter Into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business Is In the City of Lubbock If the City Council determines, In writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, Including the employment of residents of the City of Lubbock and Increased tax revenues to the City of Lubbock. In order to receive consideration, bidders must submit this affidavit to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: & fl &e. (CAD e~ UN J..., TD Local Address (must be within the City limits): 2.t!)O l. <!.Mvis f.C, J.vl} 8Bt'C-t_ l"i, 79<-fl ~ 1. Is the above address the principal place of business for the business named above? ~"5 2. How many residents of the City of Lubbock are employed at the above business location? j, 'i5. 3. Year your business was established In the City of Lubbock: ___ .._/_1..._.:;.,?_~"------------ 4. For transactions that require sales tax, provide the following Reseller Information: Reseller Permit Number: /..... Z'S-~£, '5 ), 12 ?' -J Company Name and Address (as It appears on permit): WE:5T :rex~s B«fAtCA-D~5 LTD· 5. Does your business have more than one office In the State of Texas? Yes No If Yes, Identify the office location considered as the point-of sale credit for sales tax purposes: 6. Xe local business required to pay business and/or real property tax for the most recent tax year? Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? ¥res __ No 058·04-RWITBBestVal.doc 17 ITB #058-04/RW, Thermoplastic Marking Material VENDOR REFERENCES Please list three (3) references of current customers who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this RFP. THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL REFERENCE ONE Government/Company Name: t]ff\ .o/'l-lU.O £01!.D Co· AddresJ>O "&ax ~5: AMALll>UJ;rx;. 1 &/I A o Contact Person and Title: Czt+Af..J-c?-S :5 C!fo1. lb I , v4 • .jJ · Phon{'lrJ~~-£.'Z:z..~ F ... (t:PC.)~ai-d.'1.$~ . contract Period:mOJJTQ5 To 4i5tttU5 Scope of Work:5Te1plAl9; OM-l2lCA-Dl?S Contact Person and Title:.....-::..~L=..,__.~~~~~.u_.~!:::::::...J~---L.-L...L-!-_;.__ Phon( 1Qt,) ~]! -/f-3 Fax(1Dv)373 -53-50 Contract Perfod:c-°1~ ft:5 &Ea YG Scope of Work: 5 frit'f:; AS APxJV~ 058·04·RWITBBestYal.doc 18 ITB #058-04/RW, Thermoplaslic Marking Material Thermoplastic Marking Materials CITY OF LUBBOCK, TEXAS ITB #058-04/RW II. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION 8. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE 1. Worker's Compensation and Employers Liability AMOUNT Statutory $500,000 2. Commercial General liability insurance including coverage for the following: a. Premises operations b. Independent contractors c. Products/completed operations d. Personal injury e. Advertising injury f. Contractual liability g. Medical payments 3. Comprehensive Automobile Liability a. Owned/leased vehicles b. Non-owned vehicles c. Hired vehicles 058 ·04·RWITBBestVal.doc Combined single limit for bodily injury and property damage of $1 ,000,000 per occurrence or its equivalent. Combined single limit for insurance, including bodily injury and property Coverage for loading and unloading of $1 ,000,000 per occurrence hazards, for: or its equivalent. 19 ITB #058-04/RW, Thermoplastic Marking Material ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, non-renewal, or material change; c. Remove all language on the certificate of insurance indicating that the insurance company or agent/broker will endeavor to notify the City but failure to do so shall impose no obligation or liability of any kind upon the company, its agents, or representatives. d. Provide for notice to the City at the address shown below by registered mail; e. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; f. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. g. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address : Victor Kilman -Purchasing Manager City of Lubbock 1625 13•h Street, Room L04 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 058-04-RWITBBestVal .doc 20 ITB #058-04/RW, Thermoplastic Marking Material CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) 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/proposal. CONTRACTOR'S NAME: k~Rt (:_A::Q,!;:;-() (Print or ype) fffi1-TD , CONTRACTOR'S ADDRESS: J../JtJ A. WY! is l!l_pBock-( ..... l&k. Name of Agent/Broker: ;4/Jt/1) /IW'Jfl //I/ J · IJ:9.. ef;t/CJ Address of Agent/Broker: .;;:;;{~CJ 7 - / q - City/State/Zip&JJetad Ck,:J8x .. 72<110 ( ~ Agent/Broker eleph ne Number: (ta ft, ) zn -a-77 I NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. 058·04·RWITBBestVal.doc 21 ITB #058-04/RW, Thermoplastic Marking Material THERMOPLASTIC MARKING MATERIALS CITY OF LUBBOCK Material and Installation Specifications The City of Lubbock will receive bids for Type I, Thermoplastic Pavement Marking Materials and Installation as described by the State of Texas in Item 666 and Item 672 of the 1993 "Standard Specifications for Construction of Highways, Streets and Bridges." This bid consist of four inch (4") & eight inch (8") lane lines and 24" wide crosswalks & stop bars . Type I marking minimum thickness shall be 0.090 inches (90 mil) for lane line, gore and center-line/no-passing barrier-line markings and 0.060 inches (60 mil) for edge lines next to medians. This bid includes both solid and dashed white and yellow lines, as required by the City of Lubbock and called for by the City of Lubbock Traffic Engineer. This bid also includes 4" Type I and 6" Raised Pavement Markings (rpms). Thermoplastic striping and rpms will be applied on 4 signalized intersections (design sheets) after seal coat is applied. Thermoplastic striping shall also be applied along seal coated streets . This bid does not cover seal coating. This bid covers only pavement markings and rpms applied after the seal coat is applied. Pavement marking layouts consisting of two solid yellow lines, two dashed yellow lines and two or four dashed white lane lines can be expected. The 4 intersections to have thermoplastic markings and rpms applied are as follows: 1) Indiana & Erskine, 2) University & 82"d, 3) Indiana & 82"d and 4) Quaker & 82"d. The streets will have thermoplastic markings applied are as follows: 1) 34th Street a. Quaker -Slide (1 mile) 2) University a. sth -19th (3/4 mile) (concrete) b. 19th -34th (1 mile) c. 34th -soth (1 mile) 3) Indiana Avenue a. 19th -34th (1 mile) b . soth -ss 1h (1 /2 mile) c. 66th -S. Loop (1 /4 mile) d. 91 51 -981h (1 /2 mile) 4) Quaker Avenue a. 34th -42"d (1 /2 mile) b. 62"d -S. Loop (1 /2 mile) 5) Slide Road a. 34th -soth (1 mile) b. soth -S. Loop (1 mile) 6) Frankford Avenue a . 19th -34th (1 mile) b . 34th -42"d (1 /2 miles) 7) 501h Street a. Indiana -Memphis (1 /2 mile) b. Quaker -Slide (1 mile) The streets that will be seal coated then have thermoplastic markings applied are as follows: 1) Indiana Avenue a. Clovis -Erskine (3/4 mile) 058·04 ·RWITBBestVal.doc 22 b. 58th -66th (1 /2 mile) c. S. Loop -82"d (1 mile) d. 82"d -91 st (1 mile) 2) 50th Street a. Memphis -Quaker (1 /2 mile) ITB #058-04/RW . Thermoplastlc Marking Material The above lists may have streets added or removed from the project due to possible funding issues or changes in seal coat locations. Due to possible lane width changes at several streets, there is to be no stripping at any of the locations (intersections or streets), until pre-marking has been approved by the City of Lubbock Traffic Engineer or an appointed representative. Estimated quantities for the bid are as follows: Quantity (feet)/Each (ea) Description 124734 90 mil Yellow Solid 4" 31020 90 mil Yellow Skip 4" 67775 90 mil White Skip 4" 25071 90 mil White Solid 8" 44440 60 mil Yellow Solid 4" 3811 90 mil White Solid 24" 2 90 mil Straiszht Arrow (ea) 39 90 mil Riszht Turn Arrow (ea) 78 90 mil Left Turn Arrow (ea) 2 90 mil Option RT/ST (ea) 772 4" Clear RPM (ea) * 486 4" Yellow RPM (ea) ** 2445 6" Yellow RPM (ea)*** * TxDot Item 672, Class B, Type 1-C or approved equal ** TxDot Item 672, Class B, Type II A-A or approved equal ***Apex 6" Round 2-Y or approved equal The Thermoplastic Contractor is required to be at the job site immediately behind the seal coat contractor to layout each of the 4 intersections listed on page 1 of the specifications. The intent is to have the tabs laid out as quickly as possible for the safety of the driving public due to the fact that the lanes will not match the layout prior to the seal coat. The date that the seal coat contractor is expected to start is May 15, 2004. Contact information shall be available to the thermoplastic contractor awarded to allow coordination between the contractors and the City of Lubbock Pavement Management Office. Material is to be apP.lied throughout a 3-week period starting from the date of completion of the seal coat applied to the intersections. The thermoplastic contractor will have twenty (21) acceptable working days to complete the installation, after receipt of Notice to Proceed (for the 4 intersections this is dependent on the seal coat contractor). Specification Standards are listed in TxDot's 1993 State of Texas "Standard Specifications for Construction of Highways, Streets and Bridges" and on TxDot Standard sheets PM1-(03), PM2-(00A), PM3-(00A) and PM4-(03). 058·04-RWITBBestVal.doc 23 ITB #058-04/RW, Thermoplastic Marking Material Type I pavement markings shall meet all requirements of Item 666 of the 1993 State of Texas "Standard Specifications for Construction of Highways, Streets and Bridges", for a minimum of 15 calendar days after installation. Pavement markings that fail to meet all requirements of this specification shall be removed and replaced by the Contractor at the Contractor's expense. The Contractor shall replace all pavement markings failing the requirements of this specification within 30 calendar days following notification by the City of Lubbock Traffic Engineer of such fa fling. All replacement markings shall also meet all requirements of this specification for a minimum of 15 calendar days after installation. Raised Pavement Markings shall meet all requirements of Item 672 of the 1993 State of Texas "Standard Specifications for Construction of Highways, Streets and Bridges", for a minimum of 15 calendar days after installation. The work performed and materials furnished in accordance with all requirements of this specification will be paid for at the unit price bid for ''Thermoplastic Marking Materials" of the various types, colors, shapes, sizes, widths, and thickness (Type I markings only) specified. This price shall be full compensation for furnishing all materials; for application of pavement markings; and for all other labor, tools, equipment and incidentals necessary to complete the work. 058·04-RWITBBestVal.doc 24 ACORD,.. CERTIFICATE OF LIABILITY INSURANCE DATI (M~Dl'NVY) 05/28/2004 PRODUC&R INstJRliD Alan Henry Ins. Agency, Inc. 3407 19th Street I.ubbock West Texas Barricades, LTD dba Banicades Unlimited PO Box 1101 Lubbock co:--·---- TX 79410 ____ ...... N_A.1~ .. ! __ _ TX 79408 BP.'.-Texaa Mutual Insurance c-o ______ ....,cf ·----- THE POLICIES OF INSURANCI! LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDlnON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPl!CT TO WHICH THIS CERTIFICATE MAY BE ISSUED OFl MAV Pl!R'l'AIN, THE INSURAllCE AFFOROeD BY THE POLICIES DESCRIBED HERl!IN IS SUBJECT TO Al.L THE TERMS. l!XCLUSIONSAND CONCITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCID av PAID CLAIMS. I~ ~1 --.. ... ..... ~~. ,,.., .,,,._.,,. P_!>UCV l\iPPSCTiW °i-R~. ·-------·· . ~nr i 1.••••""--~.a1111 ·-N ...... ,ll ... ,. .. ---· ·---· ·--ll l>AMAG! 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""'"'Qita:.. ..... ___ ...,s..__-=-'1,""o.,,..oo""'·~'::-6-.,,.,00=-t .. µE!i:!:··L..J. nil!2ELUOllE&ll.P~-"EO.!"'"';m,ciu"'iil:l~!l.E5""";µ1L--__;;_l, ,000,000 1!,L n,.,.._....,. """' ,,.., L'"•rr I J ,000~000 DISCRIPTION Ofl OPERATIONS/ LOCATIONS I VllHICU!S I liXCIJISIDNS APDE!D BY E!NPOIW!Ml?NT I SPl?CIAL PROVISIONS CERTIFICATE!-'"'' l'\t:D CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK TX 79457 CANCELLATION IHOULDAN'f OF TH& ABOW llliSCRll!D POLICIES I& CANCE!LL&D BE!F'fd THll EXPIRATION DATii THE!RllOF, THI ISSUING INliURliR WILL liNOEAVOR TO MAIL --OAVS WRITTl!N NOTICl!TO THI? ceRTirlCATE HOLDIR NAM&DTO TH& \.ll'T, BUT FAii.URi TO DO 5D SHAI.&. IMP081 NO OIUOATION OR UAllLITY OF Atrf KIND UPON THI INl\IRIR, ITS AGllNTS OR (JtJL\ -(LD '2 1 !S ACQBtt CERTIFICATE OF LIABILITY INSURANCE I GATE CMllllDDl'fYYY) 05/28/2004 PRODUCIR (806)798•7979 PAX (806)791·7888 THI& CERTIFICATE IS ISSUED AS A. MATTER OF INFORMATION Butler-carson Insurance Agency ONL. Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE H~}f3~;..1sHl8 CERTIFICAT! D~e_S,.Ni:1T AMEND, EXTENO OR 4505 82nd St. Suite 10 a1 T COVERAGE AFFOR Y THE POUCl&S B&Lnw. Lubbock, TX 79424 Theresa Walker INSURERS AFPORDING COVERAGE NAIC# 1NS11mt11 West lexas Barricades l.td 1NsUR&RA; Burlington Insurance Company P.O. Box 11001 1Nsuruo; James River Insurance Compan)' Lubbock. 1l 79408 INS\.IR!R C: INSIJAl!RD; lt.l&IJREAE: --·--.. .-.-... lHE POLICl!S OF INSURANCE LISTED BELOW HAVI! BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICV P£RIOD INDICATED. NOTWITHSTANOIN Nt( R!QUIREME"ll, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY Bl! ISSUl!D OR MAY PERTAIN, TtiE INSURANCE AFFORDl!O BY THE POLICIES DESCRIBl!D .. EREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE 1.IMITS SHOWN MAY HAVI! BEEN REDUCED av PAID CLAIMS. l•M• ag~ TVPI! OF ltf&1llWICI POLICY JMlll!l P£1J..l.C&V ••M•• 'IVll : ~k5'1 UPIRA1il>N IJW'l'S yg UM&' GDllllAI. UA811J1V BINDER OS/U/2004 05/31/2005 &:ACH OCCUFIRENCE s 1,000.0011 y COMM!RCIAL Gl!NlfW. LIABILITY D4M4GE TC}~'?!~ E0 s 100.001 I CUllMS MAOI! [!] OCCUR Ml!O l!JCP IMv ane per.oii) s s.ooo A P&ASON.\L & AOV INJURY -' 1,000,00Cl GEt.ll!AAL AGGR&GATi I Z,000,00C -O!H'L ACJGRllGATI U .. IT APPl.IES PEA: PRODUCTS· COUPIOP AGG m P01.1CV n ~:HT n LOC I 1,000,00( AUTOMOBIU! 1.JABIUTV COM81"1!0 SINGLI LIMIT -s ANVAUTO (la aecldOlll) , ,._ AU. OWNED J'IJTOS BODILV INJIJIW -' SCliiDULEO AuTOS !Par Otl'IM) -Hnm> AUTOS 8DDILY INJURY -s NDN.OWNE!oAUtOS (Por Kddenll --PROPERTY DNMG! 1Par aceillent) I CIMAG! LIAlllUTI' AUTO OHLV -l!A ACCID&NT I ==t AJNAUTO DTH&~THAN EAACC $ AUTO ONLY: AGG s IXCBSa/UNBlll!UA UAlll.IT'V BINDER 05/11/2004 05/11/2005 EACH DCCURR&NCli s z ,000,00Cl [!] OCCOR D ClAllllSMAO& AGGAEOATI!. s 2.000,ooc B s R Dl!DUCT191.li ' RIT&NTION • s WOIU<llttS CQJIPliNIATION AtilO l~~Tt~I IOJ~· IMPLO\leRS' UA811.11Y All'I tROPRliTORIPAATNEAll!)(ICUTIV& E.L el.CH ACCIDENT s OFFI EAIMl!M81!Jl BXCl.UDEO? E.L. OIS!ASI • &A &MPLOY&I S um· d8'Crilla war S l!CIAL PROVISIONS below &.I.. OISEASI!. ·POLICY LIMIT S 01'11111 .y:crot.I OP 3iE~TlQ:1 I LrnATIONS I Vf"ICLl!S I DCl.Ull3NS ADDEP flV &NDORS.Me:NT 1 SPSCIAI. PllOV1810NS an et Ad t ona nswred as requ1re by written contract; ~lanket Waiver of Subrogation as required by written contract: a1ankat 30 days written notice of Cancellation as required by written contract --- City of Lubbock Victor Kilman -Purchasing Manager 1625 11th, Room L.04 SlfOIJl.0 .\NY OF THE AIOVi O&SCRIBED llOUC1ES 81! CANCELLED HFOR5 THE CllPIRATID .. OAT& Ttl!R!OF, TJ4E JHIJING INSURE!i WILl.&NDl!AVOR TO MAii. ..JiL DAYS WRllTEN NOTIC! TO Ttlli CERTIPICATE HOl.Dilt NAMED TD nt! 1.IFT. 811? F'~l.UIH! MAil sue" .. OTIC!. SMAL~ IMPOH NO 0111.IGATION o .. UAlllLm' Lubbqck, TX 11401 ·---·-·---··--· .-.v. ., .... ,,. ... ~-- IMPORTANT If the certificate holder is an AOOITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate doe& not confer righ1s to the certificate holder in lieu or such endom1ment(s). If SUBROGATION IS WAIVED. subjecl to the terms and condlUons of 1he policy, cenaln policies may require an endorsement. A statement on this certificate does not confer rights to the certiflcali! holder In lieu of such endorsement(&). DISCLAIMER The Cer1lficate of Insurance on the reverse side ot this form does not constitute a contract between the Issuing lnsun1r(s)1 authorized represe11tatlve or producer, and the certificate holder, nor does it aMnnatlvely or negatively amend, ei<tend or alter the coverage afforded by the policies listed thereon. &•.-.---~ ,--··--·