HomeMy WebLinkAboutResolution - 2006-R0042 - Letter Of Award For Pesticide And Herbicide Chemical Supplies - Townsend Chem. - 01_26_2006Resolution No. 2006-R0042
January 26, 2006
Item No. 5.15
RESOLUTION
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 Letter of Award for
pesticide and herbicide chemical supplies, per ITB #05-134-MA, by and between the City
of Lubbock and Townsend Chemical Division of Townsend Tree of Selma, Indiana of
Carrollton, Texas, and related documents. Said Letter of Award 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 this 26th day of January, 2006.
MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Executive Pirkctor of Community Development
TO
M. Knight, Assistant My Attorney
gs/ccdocs/Ltr of Award -Townsend Chemical.res
1.12.06
ITB *05-134-MA, Pesticide and Herbicide Supplies - Annual Pricing
City of Lubbock
Consideration of Location of Bidder's Principal Place of Business
Affidavit of Eligibility
Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal
property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder
whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the
municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in
writing, that the local bidder offers the municipality the best combination of contract price and additional economic
development opportunities for the municipality created by the contract award, including the employment of residents of the
municipality and increased tax revenues to the municipality.
This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47
U.S.C. Section 153.
In order to receive consideration, bidders must submit this affidavit to:
Victor Kilman, Purchasing & Contract Manager
City of Lubbock
1625 13'h Street, Room 204
Lubbock, TX 79401
Complete all areas below. Incomplete affidavits may be rejected.
Local Business Name:
Local Address (must be within the City limits):
Address of the company's principal place of business within the United States:
1. How many residents of the City of Lubbock are employed at the above business location?
2. Year your business was established in the City of Lubbock:
3. For transactions that require sales tax, provide the following Reseller information:
Reseller Permit Number:
Company Name and Address (as it appears on permit):
4. 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:
5. Was the 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? Yes No
Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm,
corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City
of Lubbock products and services for a period of one (1) year.
Authorized Signature:
Printed Name and Title:
Date:
05-134-MAdoc 19
Resolution No. 2006-R0042
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 • Fax (806) 775-2164
January 26, 2006
Office of
Purchasing
Townsend Chemical Division of Townsend Tree
Attn: James R. Brayton
9211 East Jackson Street
Selma, Indiana 47383
RE: ITB #05-134-MA — PESTICIDE AND HERBICIDE CHEMICAL SUPPLIES
CONTRACT #6692
Dear Mr. Brayton:
Townsend Chemical Division of Townsend Tree has been awarded the items noted below for Pesticide
and Herbicide Chemical Supplies based on your response to the City of Lubbock Invitation to ITB #05-
134-MA.
1. Purchase Orders will be issued by the City of Lubbock that cover the category of items shown
below, and no other, during the period beginning January 26, 2006 and ending January 25,
2007. The purchase order numbers must be on the invoices sent to the City of Lubbock for
payment. The City of Lubbock shall not be responsible for payment of any invoices except
those orders placed pursuant to this agreement.
2. Category of Items:
22. Marker Dye 160 GAL @ $ 25.10/GAL = $ 4,016.00/YR
3. Townsend Chemical Division of Townsend Tree's bid dated December 6, 2005 and the
City's terms and conditions for ITB #05-134-MA are incorporated into and made a part of this
agreement.
4. Prices: As quoted.
5. All invoices shall be directed to:
City of Lubbock
Accounts Payable
PO Box 2000
Lubbock, Texas 79457
6. The City of Lubbock reserves the right to enforce the performance of this contract in any
manner prescribed by law or deemed to be in the best interest of the City of Lubbock in the
event of breach or default of this agreement. The City of Lubbock reserves the right to
terminate this agreement with a thirty (30) day written notice in the event Townsend
Chemical Division of Townsend Tree fails to perform in accordance with their proposal
dated December 6, 2005.
CITY OF LUBBOCK
Victor Kilman, rector
Purchasing & C tract Management
AS
Na`ttcy Haney, Fkx&dtive
Community Dev lopmer
APPROVED AS TO FORM:
ttorney
VK/tai
cc: Bid Folder
Vendor File
Benito Ortiz, Parks & Recreation
ITB #05-134-MA, Pesticide and Herbicide Supplies - Annual: Pricing
SUBMIT TO:
r Y o
CITY OF LUBBOCK
. t
'
CITY OF LUBBOCK, TEXAS
Purchasing & Contract Management
/(/
(1
}1
1625 IP Street, Rin 204
Lubbock, Tx 79401-3830
AN EQUAL
OPPORTUNITY
EMPLOYER
INVITATION TO BID ;
r
#05-134-MA
CONTACT PERSON:
I Marta Alvarez, Senior Buyer
TEL: 806.775.=167
FAX: 806.775.2164 I
I
http:/'purchasing.ei.lubbock.tx.tts
i
TITLE:
SUBMITTAL DEADLINE:
Pesticide and Herbicide Supplies - Annual Pricing
December 14, 2005, 3:00 p.m. CST
` PRE BID DATE, TIME AND LOCATION: November 30, 2005 at
Anv bills receired n%ter the tine and rknr (mated abare, regardles, of the mode of
10:00 a.m. in the Parks Conference Room, located
on 1010 9th
delivery. shall be returtred unopened. j
Street, (Corner of 9th and Texas Avenue), Lubbock, Texas
RESPONDENT NAME:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE iTB NUMBER, THE
CLOSING DATE AND TIME, AND YOUR COMPANY NAME AN ADDRESS.
MAILING ADDRESS:
IF RETURNING AS A "NO BID". PLEASE COIvtPLETE AND RETURN THE i
9M E. JackSO(1 Strwt
"STATEMENT OF NO BID". I
CITY —STATE —ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
SelmIrdiaM 47M
AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE
COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO
TELEPHONE NO:
� 1
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 i
FAX NO:
765 2%-4451
REQUEST PERMITS COMPETITIVE BIDS. IT iS THE BIDDER'S RESPONSIBILITY
TO ADVISE THE CITY OF LUBBOCK PURC'HASiN(I MANAGER IF ANY
E-MAIL:
jiffCatodisiffIcHydCal.caTi
LANGUAGE, REQUIREMENTS. ETC.. OR ANY COMBINATIONS THEREOF.
INADVERTENTLY RESTRICTS OR LIMITS THE REQUIRh.-�IFATS STATED IN fHiS
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
TTB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED iN
WRITING AND MUST BE RE-C'E-IVED BY THE PURCHASING MANAGER NO LATER
35—M3M
THAN FIVE (5) BUSINESS DAYS PRiOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID iS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT,COM
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. Will any officer 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 SF.T FORTH ON THE. BID FORM. AV INDIVIDUAL
AUTHORIZED TO BiND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN Bill
REJECTION.
By my signature I certify that this offer is made without prior understanding, atgreeinent, or connection with any corporation, tirin, business entity, ur person
submitting an otTer for the same materials. supplies, equipomcri% or service(s). and is in all respects fair and without collusion or ti•attd. I further agree that. if dmc
offer is accepted, the oflcror will convey, sell. assign. or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now 0r
hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular comtnodity(s) or sel- ice (s)
purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final
pays t to the vendor.
,Sir3Ma 1c7 =
A161-or I zed Signature Title
James R . Rr avtm - - Decm ber 6,, M
Print/Type Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
05.134-MAdoc
ITB #05-134-MA, Pesticide and Herbicide Supplies - Annuaf Pricing
BID FORM
Pesticide and Herbicide Supplies - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB #05-I34-MA
In compliance with the Invitation to Bid #05-134-INIA, 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 #05-134-:CIA is by reference incorporated in
this contract. The Bid Form must be completed in blue or black ink or by typewriter,
Item Estimated Unit of Container Description Unit Price Extended Delivery
Annual Measure Size Bid I Cost Days j
Usaae Available I AROi-
2-4-D AMINE
1
30
2'/2 al.
0/2al
27.75
832.50
5
AMDRO PRO
2
160
25Ib.
AQUA MASTER
3
6
2Y2 gal.
2i aal
AVID
4
4
Quarts
AWARD
5
160
25 lb.
ARSENAL
6
12
2'/z g ai.
2 z qal
626.25
7515.00
BIND
7
20
1 gal.
CLEARY 3336
8
8
1 gal.
CONFRONT
9
50
1 gal.
I
12
Per
DEET
i
10
4
Case
DEFOAMER
j
11
2
Quarts
qt
6.15
12.
DIMENSION
12
10
2%2 al.
DORMANT OIL
13
3
5- ai.
FERROMEC AC
IRON
14
20
2'/z gal.
GALLERY
15
6
4 Per
Case
x1 lb cs
451.20
2707.20
5
GLYPHOSATE
16
80
2%2 gal.
GOPHER BAIT
`
17
1
45 lb.
GRASS GETTER
i
` 18 !
4 I
Pt,
j
05.134•MAdoc 2
ITS #05-134-MA, Pesticide and Herbicide Supplies - Annual Pricing
Item
Estimated
Unit of
Container
Chemical
Unit Price
Extended
Delivery
Annual
Measure
Size
Bid
Cost
Days
Usage
Available
ARO**
19
2
2 '/2 gal
Habitat
2% gal
682.50
1365.00
5
8
HAND HELD FLUSHER
I
20
2
Per Case
1
HYVAR X-L
21
50
1 gal.
I I
MANAGE
j
22
30
1.33 oz
MARKER DYE
23
160
1 gal.
I gal
Trail Lite 264
25.10
4016.00
i
1.6 oz
MERIT
24
1
Beg/Case
MSMA
25
24
2'/z g al.
2i a 1
1050.00
.5
PENDULUM AQUA
CAP
26
8
2'/2 gal.
2i gal
113.75
910.00
5
1'/<
PERMETHRIN TC
27
12
Container
POAST
�
28
10
2%x qal.
REMEDY
29
40
1 gal,
REWARD
30
16
2'/Z gal.
N2 g al
272.25
4356.00
5
SIMAZINE
31
25
2 '/$ al.
2k
SNAP SHOT
32
16
50 lb.
50 lb
12
SOAP-N- WATER
33
2
Per Case
SURFACTANT
34
40
2% gal.
i
TALSTAR EZ
35
25
25 lb.
TRIMEC 992
j
36
280
2'/z gal.
2% q al
Triplet SF
49.7
TRIMEC PLUS
37
1000
2 '/s gal
12
TOTAL RELEASE
j
38 I
4
Per Case
12
WASP SPRAY
39
5
Per Case
12
WEEVIL-CIDE
40
10
Per Case
WET WATER
41
16
1 gal.
WHOLE CONTROL
`
42
100
1 gal.
1.6 oz
ZENITH
43
30
bagi
05-134-MAdoc
*PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed
ITB #05-134-MA, Pesticide and Herbicide Supplies - Annual Pricing
**Days After Receipt of Order (ARO)
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %. net _ calendar days.
Discounts will not be considered in determining low bid. Unless other vise indicated on the Bid Form, payment terns 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 FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged
anyone else, including its most favoured 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/set--ices 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 property 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?
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 X 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 contracts) 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
govemmental entity's debts. Each governmental entity will order their own materials service as needed.
THIS BID IS SUBMITTED BY Todiserld Chemical Div of Townsend Tree it corporation organized tinder the
laws of the State of Irdiana , or a partnership consisting of
or an individual trading as
City:_
M/WBE
Firm:
M
•
Seim Indiana
Woman
Hispanic American
State: IN Z
Black American
Asian Pacific
American
uthorized �Zresentative - must sign hti• hrnrd
of the City of
Native American
Other (Specify)
05-13A-MAdoc
ITB #05-134-MA, Pesticide and Herbicide Supp:ies - Annual Pric r,g
Officer Name and Title: James R. BraytW Sales Manage=
Please Print
Business Telephone Number (800) 616-4221 FAX: (765) 289-44.51
FOR CITY USE ONLY
Bid Fonn Item Number(s) Awarded to Above Named Firni1ndivldual:
Date of A�%ard by City Council (Aw bids over 525, 000): Date P.O./Contract Issued:
f
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE [TB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
05.134-MAdoc 5
ITS #05-134-MA, Pesticide and Herbicide Supplies - Annual Pricing
Pesticide and Herbicide Supplies - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB #05-134-MA
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 ATTACHED SPECIFICATIONS.
I. INSTRUCTIONS TO BIDDERS
BID DELIVERY, TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Pesticide and Herbicide
Supplies - Annual Pricing per the attached specifications. Sealed bids will be received no later than
3:00 p.m. CST, December 14, 2005 , if date/time stamped on or before 3:00 p.m. 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:
rrITB #05-134-MA, Pesticide and Herbicide Supplies - Annual Pricing" 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 & Contract Manager
City of Lubbock
1625 13th Street, Room 204
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 courier
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.
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, apre-bid meeting will be held at
10:00 a.m.. November 30.2005 in the Parks Conference Room, located on 1010 9r" Street, (corner of 9c'
and Texas Avenue), 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.
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.
05.134-MAdoc
ITS N05-134-MA, Pesticide and Herbicide Supplies - Annual Pricing
05-134-MAdoc
ITB #05-134-MA, Pesticide and Herbicide Supplies - Annual Pricing
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:
Marta Alvarez, Senior Buyer
City of Lubbock
1625 13'' Street
Lubbock, Texas 79401
Fax: (806)775-2164
RFPDepot: http://www.RFPdepot.cotn
4 ADDENDA & MODIFICATIONS
4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at httn://www.RFPdepot.com. We strongly suggest that you check for any addenda a
minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
INTERNET ACCESS may use computers available at most public libraries.
4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an
interpretation thereof from the Purchasing Department. At the request of the offeror, 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 available over the Internet at http://www.RFPdepot.com and will, become part of the
proposal 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.
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 in 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 information 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.
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.
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. The original must be clearly
marked "ORIGINAL" and the copy must be clearly marked "COPY".
05.134-MAdoc
ITB #05-134-MA, Pesticide and Herbicide Supplies - Annual Pricing
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, if 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.
6A 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 forfeit 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.
BID PREPARATION COSTS
7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay a—ny 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.
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 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such
information will be made available to the requester.
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8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
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 offer 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 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 SUBMITTER 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;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City;
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;
g) The total long-term cost to the City to acquire goods or services; and
h) Any relevant criteria specifically listed in the Invitation to Bid.
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.
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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 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.
13.8 The purpose of this Invitation to Bid is to set for a period one year firm pricing from date of award for
items described here to be supplied by one or more vendors, with the option to renew annually, for two
additional years, upon mutual agreement between the City of Lubbock and vendor.
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.
15 SPECIFICATIONS
I5.1 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
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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.
16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
16.1 Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any
real property, personal property that is not affixed to real property, or services, if a municipality receives
one or more competitive sealed bids from a bidder whose principal place of business is in the
municipality and whose bid is within five percent of the lowest bid price received by the municipality
from a bidder who is not a resident of the municipality, the municipality may enter into a contract with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the municipality if the governing body of the
municipality determines, in writing, that the local bidder offers the municipality the best combination
of contract price and additional economic development opportunities for the municipality created by
the contract award, including the employment of residents of the municipality and increased tax
revenues to the municipality.
16.2 This section does not apply to the purchase of telecommunications services or information services, as
those terms are defined by 47 U.S.C. Section 153.
16.3 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
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contract decisions are made in public, and to protect 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 Manager.
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.
The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us
know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your
participation so that all responsible vendors can compete far the City's business. Awards should be made approximately
two to six weeks after the opening date. if you have any questions, please contact the City of Lubbock Purchasing Manager
at (806) 775-2165.
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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 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.
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.
Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to
Seller if it is detennined 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.
7 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
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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.
S 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.
9 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.)
10 Termination: The contract or purchase order may be terminated in whole, or in part by the City. 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.
I 1 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.
12 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.
13 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.
14 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.
15 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.
16 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.
17 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
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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.
18 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.
19 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.
20 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.
21 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.
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CITY OF LUBBOCK, TEXAS
STATEMENT OF NO BID
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 rip or to
date shown for receipt of bid to: Victor Kilman, Purchasing & Contract 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 products 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 required insurance.
Bidding through dealer.
Do not wish to do business with the City of Lubbock. (Please explain below)
Other (Please specify below)
REMARKS:
Company Name:
Address:
City: State: Zip
Contact Name:
Business Telephone Number.
Internet Address:
Company's Internet Web Page URL:
FAX:
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