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HomeMy WebLinkAboutResolution - 2008-R0370 - Contract For Slant Side Loading Refuse Containers - Fuqua Industries, Inc. - 09_25_2008Resolution No. 2008-RO370 September 25, 2008 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Fuqua Industries, Inc., of Rio Vista, Texas, for slant side loading refuse containers — annual pricing per ITB 08-079-FO, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 25th day of September , 2008. TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS T O CONTENT: Loomis, 1 1nt City Manager/Transportation & Public Works APPROVED AS TO FORM: ver, DDres/Fuqua 1ndCon08 Res September 12, 2008 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing Resolution No. 2008—RO370 CITY OF LUBBOCK CONTRACT For Slant Side -Loading Refuse Containers — Annual Pricing ITB # 08-079-FO THIS CONTRACT, made and entered into this 25th day of September, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Fuqua Industries Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Slant Side -Loading Refuse Containers — Annual Pricing 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 Boiler Slant Side -Loading Refuse Containers. 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 Slant Side -Loading Refuse Containers specifically referred to as Items) No. 1, 2 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a term of three years, said date of term beginning upon City Council date of formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. Listed quantities are estimate only. Actual quantities may vary 4. 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. 5. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 6. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 08-079-FO.doc 34 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing The contractor shall obtain and maintain in full force and effect during the term of the contract, 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: INSURANCE COVERAGE REQUIRED 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. 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 Automobile Liability insurance, including: Any Auto for Transit Company AMOUNT Combined Single Limit for bodily injury and property damage of $ 500,000 per occurrence 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. 8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 9. This Contract consists of the following documents set forth herein; Invitation to Bid #08-079-FO, General Conditions, Specifications, and the Bid Form. 08-079-F0. doc 35 ITB##08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK qA��* Tom M rtin, Mayor CONTRACTOR BY NVdNy ) � Authorize epresentative e'" LL l ATTEST: i�o-(rS'T�iGtia '1G _ T � T- Rebec a .Garza, City Secretary AP VED AS TO CO T: Jams Loomis, Transportation and Public Works Assistant City Manager AS TO FORM: 08-079-FO.doc 36 Resolution No. 2008-RO370 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing SUBMIT TO: CITY OF LUBBOCKCITY OF EXAS LUBBOCK,> Purchasing &Contract Management ift 1625 131h Street, Rm 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez EMPLOYER #08-079-FO TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: Slant Side Loading Refuse Containers -Annual Pricing SUBMITTAL DEADLINE: August 28, 2008, 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: August 19, 2008 at 10:00 An bids received after the rime and dare listed above, regardless ofrhe A.M. in the City Hall, 1625 13th Street, Purchasing Conference mode of delivery, , shall he returned anopened. Room 204 Lubbock Texas. RESPPNDENT NA LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB OQL4AV r / NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING DRESS: �J O. %jo �a IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE r �J I "STATEMENT OF NO BID". CrF,STATE, —ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT r d % ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEP ONE NO: _ (f / �7 �� I 1 RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. 1T IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO' F! _ tg'tD REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MA ,// a f Pik 44i4ee, 60J$, MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE FEDERA AX ID NO. OR SOCIAL SECURITY NO. REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION :MUST BE SUBMITTED IN WRITING AND MUST BE O — % RECEIVED BY THE PURCHASING MANAGER NO LATER TIIAN 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 purchasded. 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 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 understanding, agreement, 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 agree that if the offer is accepted, the offeror 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 or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (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 payment to the vendor. r AuthorizelrAliature Title / �' too ..Lp k► i e L r i,b- J r � Printrrype Name Date f THIS FORM :MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 08-079-FO.doc tTB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing BID FORM Slant Side -Loading Refuse Containers — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 0"79-FO In compliance with the Invitation to Bid #08-079-FO, 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 #08-079-FO is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. DELIVERY ITEM DESCRIPTION QTY U/M UNIT COST* EXTENDED Days ARO** (More COST or Less) I Two -cubic yard side loaders, as specified herein 10 EA i 00 ,5,27 110� ot 55,27o 6a s 2 Three -cubic yard side loaders, as specified herein 135 EA �87 Po A A��t e� T .!60 3 Four -cubic yard side loaders, as specified herein 20 EA j# 6 y� a+v l� / $Dd� S Overall Total 9'7 y95 Seller's bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, City of Lubbock. The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial formalities.. 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 eroup of items shown on the Bid Form. The undersigned hereby offers to furnish and deliver the articles or services as specified above at the prices and terms there stated and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal. 1 PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of V2 %, net (ocalendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST 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/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other 08-079-FO.doc ITBN08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing 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 Municip_al/Sower Agency, Lynn County, and City of Wolfforth. / J / G1 YES V NO / Crd ef•�(71 1. WA h ho e4 8,s • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY �I t�61 #^I e 5 f( a corporation organized under the r laws of the State of (Cz4S or a partnership consisting of City:_ MIWBE Firm: By Of or an individual trading as of the City of State: —F)e zip '760q 3 - D7$ g Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American Business Telephone Number bt 1- Lq(- 62.ti0 FAX: V 17- 01- 1510 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 04 C4n I ALikeV S OP -/-A 46;d- WL Cah�tp� 08.079-FO.doc 9 iT13#09-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing Slant Side -Loading Refuse Containers — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 08-079-FO SLANT SIDE -LOADING REFUSE CONTAINERS MINIMUM SPECIFICATIONS 1. GENERAL It is the intent of the City of Lubbock, Texas, to secure side loader refuse containers, sizes 2 cubic yard, 3 cubic yard and 4 cubic yard, to be constructed in accordance with the attached plans and these specifications for use with collection equipment now in use by the City. The containers shall be delivered to the City of Lubbock painted and ready for use according to the following: A minimum of 50% of the total quantity must be delivered within 90 days of award of the contract and the remainder must be delivered within 150 days of award of the contract. Each container must be serialized with the last two numbers of the year of manufacture, the cubic yard size of the container and the sequential number of the container. For example, serial number 08-3-1, is the number for the first 3 cubic yard container produced in 2008. The serial number should be in a 4" die metal stamping above the reinforcing left plate. Also 3" (H) x 1-3/4" (W) numbers shall be stenciled on the front and inverted under right lift arm (facing container), with Glossy Black Spray Lacquer. All materials will be furnished by vendor. All containers must not exceed cubic yard dimensions for size ordered. All containers shall be guaranteed for twelve months after delivery against defective workmanship and materials, Prices bid shall include delivery to 1631 84t° Street, Lubbock, Texas 79423 at scheduled times and dates specified by Solid Waste Services Dept. Unloading at point of delivery will be done by the City of Lubbock. The contractor shall protect and save harmless the owner from all and every demand for damages, royalties or fees on any patented invention used by the contractor in connection with the work done or materials furnished under this contract; provided, however, that if any patented materials, machinery, appliance or invention is clearly specified in this contract, then, and in the event, the cost of procuring the rights of use and legal release or indemnity determined and directed to be included in the bid price at the time the proposal is submitted. 2. STEEL All sheet metal shall be hot rolled commercial quality steel. Container front, rear and sides 12 gauge welded continuously on the interior. Container lids - 14 gauge. Container bottom shall be high molecular weight polyethylene or 100% recycled rubber/plastic alloy. The City of Lubbock will accept bottoms produced by Bryan Container Company, Bryan, TX (888.611.3333), or approved equal. Top per,'metcr of container to be reinforced by 12 gauge formed channels. Bottom of the container will be reinforced with two C3 X 4.1 channels located I I" from each side and installed parallel from front to back. See Attachment F 08-079-FO.doc 22 ITB#08-079-FO. Slant Side -Loading Refuse Containers -Annual Pricing Lift arm shall be a C4 x 5.4 channel on each side, dimensions shown, welded continuously on top and skip welded on bottom. See Attachment E The lift pin shall be extended through and flushed with the back of the channel and also through the 2 gauge reinforcing plate. The pin shall be 1 h" diameter x 3 'i" long round steer bar and welded all-around as indicated. Buff plate will be located in front of the lift arm and will be 2" x 3" x 1/4" x 20" long angle iron. The angle will wrap around the corner from the front of the container. The front, rear and sides of all containers shall be constructed of smooth hot -rolled steel plate and sheets welded on all seams. Welds shall be continuous except where stated to the contrary and shall form a secure bond between metals. Puddling and splattering are unacceptable. 3. CONTAINER BOTTOM Container bottom shall be made of 3/16" high molecular weight polyethylene or 100% recycled rubber/plastic alloy, seamless extending a minimum of ten inches tip the inside wall of the container. The City of Lubbock will accept bottoms produced by Bryan Container Company, Bryan, TX (888.611.3333), or approved equal. Dimensions of plastic bottoms from Bryan Container Company are as follows: 3 cubic yard = 47 �Ih inches 4 cubic yard = 47 h inches Specifications for installing plastic bottoms: After construction of metal box with cross members on the bottom, insert plastic bottom from top. To secure plastic bottom to metal container either pop rivet or weld Z bars to side of container. SEE ATTACHMENT A 4. STEEL TUBULAR LID -STOPPER Tubular lid -stopper shall be constructed of 3/ " round steel tubing, 16" long with two 4" legs. Legs shall be welded to the steel portion of the container. SEE EXAMPLE PICTURED IN ATTACHMENT B 5. LIDS Lids shall be made in three parts as indicated on plans, with the rear lid to be constructed of 14 gauge hot -rolled steel and hinged with 3/4" inch pipe. Front lids shall be plastic, manufactured independent of each other and hinged to rear lid with 1/2-inch solid steel rod. Rear lid shall be 15" x 60" constructed of 14 gauge hot -rolled steel. Color shall be sandalwood brown or similar color, to match existing containers. Front lids shall be /" thick and should be composed of 100% recycled polyethylene. Plastic lids shall be 30" long x 30" wide. Lids must be guaranteed not to chalk or crack due to ultraviolet exposure for three years from date of delivery. Plastic lid must be similar to those currently being used by the City of Lubbock with the City of Lubbock logo molded into the lid. Front lids must be designed with extra high ribs to provide structural strength, durability, and prevent sagging in hot weather. Front lid color shall be black. 08.079-FO.doc 23 1TB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing 6. CLEANING All welds shall be cleaned to bright metals and shall be free of all foreign material, slag, rust, dirt, oil or other material, which will show unevenness after painting. Failure to do so shall be cause for rejection until deficiency is correct. 7. PAINTING Containers shall be painted inside and outside with a two -coat system consisting of a corrosion inhibitive fast drying primer followed by a high gloss enamel finish coat. Primer coat shall be a fast dry zinc chromate. The finish coat shall be a high gloss, quick drying enamel. Finish color shall be sandalwood brown or similar color, selected by the owner, to match existing containers. Sample color will be furnished. Paint must be approved by the owner before any containers are shipped. The above paint shall be applied on the interior and exterior of the container. Paint shall be clean and free from foreign material and shall be applied evenly without runs or sags. Paint shall be guaranteed for one year against cracking, checking or loss of adhesion and appreciable color change or chalking of the finish coat or paint. APPLICATION 1. Mix and apply coating according to manufacturer's printed instructions. 2. Apply coatings to obtain a thickness of 4 dry mils. 3. Allow coating to cure before transporting to avoid damage. 4. Use wet film gauge during application to assure proper film thickness is applied. 5. Apply additional costs as needed to obtain specified dry film thickness. INSPECTION I . Inspect all surfaces for runs, sags and holidays. Repair as necessary to obtain an acceptable finish. 2. City personnel will check dry film thickness to verify that it conforms to the mil thickness of the coating systems specified herein. INSUFFICIENT mil thickness will require recoating at the expense of the Contractor. Dry film thickness readings shall be taken at random locations at the rate of about five readings per hundred square feet of surface with at lea st one reading per surface. The average of all readings for a given area or surface shall equal or exceed the dry film thickness specified and no individual readings shall be more than 20 percent below the specified thickness. Any areas, that are found to be below standard, shall be marked and recoated, at the Contractor's expense, to obtain the proper film thickness. The City reserves the right to monitor the construction of the containers, which includes visiting the site of the Contractor and verifying that all specifications are being complied with. 3. Any characteristics of the film that the City personnel deems unacceptable, either during construction or before acceptance, shall be remedied by the Contractor, at the Contractor's expense. COATING SYSTEMS Prime Coat: Vendor can select from attached list any primer that has VOC's of 450 or less. Finish Coat: High gloss, quick drying enamel @ 2 dry mils Finish coat color is sandalwood brown or similar color to match existing containers 08-079-FO.doc 24 iTB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing SEE ATTACHMENTS C AND D 8. SPECIFICATIONS VARIATIONS Variations from these specifications and attached drawing WILL NOT BE ACCEPTABLE. 9. QUANTITY 10 more or less 2 cubic yard side loaders 135 more or less 3 cubic yard side loaders 20 more or less 4 cubic yard side loaders 10. TERMS OF CONTRACT The contract shall be for a tetra of three years, said date of term beginning upon City Council date of formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 08-079-FO.doc 25 Resolution No. 2008—RO370 September 25, 2008 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Fuqua Industries, Inc., of Rio Vista, Texas, for slant side loading refuse containers — annual pricing per ITB 08-079-FO, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 25th day of September , 2008. Ole TOM MARTIN, MAYOR ATTEST: Belie ca.Garza, City Secretary APPROVED `AS i O CONTENT: Loomis, I mt City Manager/Transportation & Public Works APPROVED AS TO FORM: r] a MreslFuqualndConMes September 12, 2009 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing Resolution No. 2008—RO370 CITY OF LUBBOCK CONTRACT For Slant Side -Loading Refuse Containers — Annual Pricing ITB # 08-079-FO THIS CONTRACT, made and entered into this 25th day of September, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Fuqua Industries Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Slant Side -Loading Refuse Containers — Annual Pricing 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 Boiler Slant Side -Loading Refuse Containers. 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 Slant Side -Loading Refuse Containers specifically referred to as Item(s) No. 1, 2 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a term of three years, said date of term beginning upon City Council date of formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 3. Listed quantities are estimate only. Actual quantities may vary 4. 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. 5. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 6. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 08-079-FO.doc 34 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing 7. The contractor shall obtain and maintain in full force and effect during the term of the contract, 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: INSURANCE COVERAGE REQUIRED 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. 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 AMOUNT Automobile Liability insurance, including: Any Auto for Transit Company Combined Single Limit for bodily injury and property damage of $ 500,000 per occurrence 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 itniriediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 9. This Contract consists of the following documents set forth herein; Invitation to Bid #08-079-FO, General Conditions, Specifications, and the Bid Form. 08-079-FO.doc 35 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK Tom Mdrtin, Mayor CONTRACTOR BY Authorize epresentative ATTEST: & fimwt J�^fA43� it�i� -_ AddrAPS �, Reber a Garza, City Secretary AP VED AS TO CO T: Jams Loomis, Transportation and Public Works Assistant City Manager AS TO FORM: It 08-079-FO.doc W. Resolution No. 2006-RO370 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing SUBMIT TO: CITY OF LUBBocKCITY OF LUBBOCK, TEXAS ft Purchasing &Contract Management 1625 13'h Street, Rm 204 1(( Lubbock, Tx 79401-3830 r1� AN EQUAL INVITATION O BID CONTACT PERSON: OPPORTUNITY Marta Alvarez EMPLOYER #05-079 -F1 O TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: Slant Side Loading Refuse Containers -Annual Pricing SUBMITTAL DEADLINE: August 28, 2008, 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: August 19, 2008 at 10:00 Ann bids received after the time and date lisred above, regardless of the A.M. in the City Hall,1625 13'h Street, Purchasing Conference mode afdelivery, shall be renerned unopetred. Room 204 Lubbock Texas. RESP DENT NA LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB Y NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING DRESS: PO IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE • "STATEMENT OF NO BID". C — STA — ZIP: 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 COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEP ONE NO: K 11 7 V 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 FAX N _ / ��� REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MA : �/� t p,,k Vp,C,igp C41; bb Got MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE FEDERA&FAX ID NO. OR SOCIAL SECURITY NO. 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 ABOVE, SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFP'DEPOT.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 pun haled. 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 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 l certify that this offer is made without prior understanding, agreement, 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 agree that if the offer is accepted, the offeror 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 or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (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 payment to the vendor. r Prigsjl�,% Auth�oriz ature Title (� / ...Jf1��IniC L.I�,- Jr `6 / Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 08-079-FO.doc 7 rrB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing BID FORM Slant Side -Loading Refuse Containers — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 08-079-FO In compliance with the Invitation to Bid #08-079-FO, 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 #08-079-FO is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. DELIVERY ITEM DESCRIPTION QTY U/M UNIT COST* EXTENDED Days ARO** (More COST or Less) 1 Two -cubic yard side loaders, as herein 10 EA �Z % �DAgs specified J/.2 2 Three -cubic yard side loaders, as 135 EA 87 *7 specified he -rein 3 Four -cubic yard side loaders, as specified herein 20 EA �6 yy a� f 07-ge0 �ql� s Overall Total r� �L7J 95 Seller's bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, City of Lubbock. The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial formalities.. Unless otherwise specified herein. the City ma-Y 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. The undersigned hereby offers to furnish and deliver the articles or services as specified above at the prices and terms there stated and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal. 11/ PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 2. %, net localendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST 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/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to snake available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other 08-079-FO.doc 8 19 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing 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 Wolffoorth. l Q q YES Y NO / t C dere,/ l.�14A;A1 d l� 4j 04 • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity jw,ill order their own materials/service as needed. THIS BID IS SUBMITTED BY 61 t"l L•5 l!'i a corporation organized under the laws of the State of >rXQS , or a partnership consisting of or an individual trading as City:_ M/WBE Firm: By, Officer Name and of the City of State: -TX zip 776 Oct 3 - D 78 5 Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American - must Business Telephone Number Ut`I' bNi' �j2�o FAX: D%%' b�!'' I SJ O LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, -- - I AND YOUR COMPANY NAME AND ADDRESS. W z W I« on 11 kociw 4� t a6-1tv. I Amm.- 08-079-FO.doc OniAiftOV3 0 A 441'5 &d. wir CAA Not, �Gckrd.w+et pr'iCG 5 Oil -9 1 Ore Ordevs. r.. �1( E ITB90"79-F0. Slant Side -Loading Refuse Containers -Annual Pricing Slant Side -Loading Refuse Containers — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 08-079-FO SLANT SIDE -LOADING REFUSE CONTAINERS MINIMUM SPECIFICATIONS 1. GENERAL It is the intent of the City of Lubbock, Texas, to secure side loader refuse containers, sizes 2 cubic yard, 3 cubic yard and 4 cubic yard, to be constructed in accordance with the attached plans and these specifications for use with collection equipment now in use by the City. The containers shall be delivered to the City of Lubbock painted and ready for use according to the following: A minimum of 50% of the total quantity must be delivered within 90 days of award of the contract and the remainder must be delivered within ISO days of award of the contract. Each container must be serialized with the last two numbers of the year of manufacture, the cubic yard size of the container and the sequential number of the container. For example, serial number 08-3-1, is the number for the first 3 cubic yard container produced in 2008. The serial number should be in a 4" die metal stamping above the reinforcing left plate. Also 3" (H) x 1-3/4" (W) numbers shall be stenciled on the front and inverted under right lift arm (facing container), with Glossy Black Spray Lacquer. All materials will be furnished by vendor. All containers must not exceed cubic yard dimensions for size ordered. All containers shall be guaranteed for twelve months after delivery against defective workmanship and materials. Prices bid shall include delivery to 1631 84`h Street, Lubbock, Texas 79423 at scheduled times and dates specified by Solid Waste Services Dept. Unloading at point of delivery will be done by the City of Lubbock. The contractor shall protect and save harmless the owner from all and every demand for damages, royalties or fees on any patented invention used by the contractor in connection with the work done or materials furnished under this contract; provided, however, that if any patented materials, machinery, appliance or invention is clearly specified in this contract, then, and in the event, the cost of procuring the rights of use and legal release or indemnity determined and directed to be included in the bid price at the time the proposal is submitted. 2. STEEL All sheet metal shall be hot rolled commercial quality steel. Container front, rear and sides 12 gauge welded continuously on the interior. Container lids - 14 gauge. Container bottom shall be high molecular weight polyethylene or 100% recycled rubber/plastic alloy. The City of Lubbock will accept bottoms produced by Bryan Container Company, Bryan, TX (888.611.3333), or approved equal. Top perimetcr of container to be reinforced by 12 gauge formed channels. Bottom of the container will be reinforced with two C3 X 4.1 channels located 11" from each side and installed parallel from front to back. See Attachment F 08-079-FO.doc 22 U1390"79+0, Slant Side -Loading Refuse Containers -Annual Pricing Lift arm shall be a C4 x 5.4 channel on each side, dimensions shown, welded continuously on top and skip welded on bottom. See Attachment E The lift pin shall be extended through and flushed with the back of the channel and also through the 2 gauge reinforcing plate. The pin shall be 1 'h" diameter x 3 W' long round steer bar and welded all-around as indicated. Buff plate will be located in front of the lift arm and will be 2" x 3" x 1/4" x 20" long angle iron. The angle will wrap around the corner from the front of the container. The front, rear and sides of all containers shall be constructed of smooth hot -rolled steel plate and sheets welded on all seams. Welds shall be continuous except where stated to the contrary and shall form a secure bond between metals. Puddling and splattering are unacceptable. 3. CONTAINER BOTTOM Container bottom shall be made of 3/16" high molecular weight polyethylene or 100% recycled rubber/plastic alloy, seamless extending a minimum of ten inches up the inside wall of the container. The City of Lubbock will accept bottoms produced by Bryan Container Company, Bryan, TX (888.611.3333), or approved equal. Dimensions of plastic bottoms from Bryan Container Company are as follows: 3 cubic yard = 47 'h inches 4 cubic yard = 47 h inches Specifications for installing plastic bottoms: After construction of metal box with cross members on the bottom, insert plastic bottom from top. To secure plastic bottom to metal container either pop rivet or weld Z bars to side of container. SEE ATTACHMENT A 4. STEEL TUBULAR LID -STOPPER Tubular lid -stopper shall be constructed of 1/4 " round steel tubing, 16" long with two 4" legs. Legs shall be welded to the steel portion of the container. SEE EXAMPLE PICTURED IN ATTACHMENT B 5. LIDS Lids shall be made in three parts as indicated on plans, with the rear lid to be constructed of 14 gauge hot -rolled steel and hinged with 3/4" inch pipe. Front lids shall be plastic, manufactured independent of each other and hinged to rear lid with t/2-inch solid steel rod. Rear lid shall be 15" x 60" constructed of 14 gauge hot -rolled steel. Color shall be sandalwood brown or similar color, to match existing containers. Front lids shall be /a" thick and should be composed of 100% recycled polyethylene. Plastic lids shall be 30" long x 30" wide. Lids must be guaranteed not to chalk or crack due to ultraviolet exposure for three years from date of delivery. Plastic lid must be similar to those currently being used by the City of Lubbock with the City of Lubbock logo molded into the lid. Front lids must be designed with extra high ribs to provide structural strength, durability, and prevent sagging in hot weather. Front lid color shall be black. 08-079-FO.doc 23 1TB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing 6. CLEANING All welds shall be cleaned to bright metals and shall be free of all foreign material, slag, rust, dirt, oil or other material, which will show unevenness after painting. Failure to do so shall be cause for rejection until deficiency is correct. 7. PAINTING Containers shall be painted inside and outside with a two -coat system consisting of a corrosion inhibitive fast drying primer followed by a high gloss enamel finish coat. Primer coat shall be a fast dry zinc chromate. The finish coat shall be a high gloss, quick drying enamel. Finish color shall be sandalwood brown or similar color, selected by the owner, to match existing containers. Sample color will be furnished. Paint must be approved by the owner before any containers are shipped. The above paint shall be applied on the interior and exterior of the container. Paint shall be clean and free from foreign material and shall be applied evenly without runs or sags. Paint shall be guaranteed for one year against cracking, checking or loss of adhesion and appreciable color change or chalking of the finish coat or paint. APPLICATION 1. Mix and apply coating according to manufacturer's printed instructions. 2. Apply coatings to obtain a thickness of 4 dry mils. 3. Allow coating to cure before transporting to avoid damage. 4. Use wet film gauge during application to assure proper film thickness is applied. 5. Apply additional costs as needed to obtain specified dry film thickness. INSPECTION 1. Inspect all surfaces for runs, sags and holidays. Repair as necessary to obtain an acceptable finish. 2. City personnel will check dry film thickness to verify that it conforms to the mil thickness of the coating systems specified herein. INSUFFICIENT mil thickness will require recoating at the expense of the Contractor. Dry film thickness readings shall be taken at random locations at the rate of about five readings per hundred square feet of surface with at lea st one reading per surface. The average of all readings for a given area or surface shall equal or exceed the dry film thickness specified and no individual readings shall be more than 20 percent below the specified thickness. Any areas, that are found to be below standard, shall be marked and recoated, at the Contractor's expense, to obtain the proper film thickness. The City reserves the right to monitor the construction of the containers, which includes visiting the site of the Contractor and verifying that all specifications are being complied with. 3. Any characteristics of the film that the City personnel deems unacceptable, either during construction or before acceptance, shall be remedied by the Contractor, at the Contractor's expense. COATING SYSTEMS 08-079-FO.doc Prime Coat: Vendor can select from attached list any primer that has VOC's of 450 or less. Finish Coat: High gloss, quick drying enamel @ 2 dry mils Finish coat color is sandalwood brown or similar color to match existing containers 24 1TB#'08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing SEE ATTACHMENTS C AND D 8. SPECIFICATIONS VARIATIONS Variations from these specifications and attached drawing WILL NOT BE ACCEPTABLE. 9. (QUANTITY 10 more or less 2 cubic yard side loaders 135 more or less 3 cubic yard side loaders 20 more or less 4 cubic yard side loaders 10. TERMS OF CONTRACT The contract shall be for a term of three years, said date of term beginning upon City Council date of formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 08-079-FO.doc 25 l Y O l� URCHASE ORDER TO: FUQUA INDUSTRIES INC PO BOX 789 RIO VISTA TX 76093 ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK. TX 79457 SHIP TO: BY: Page - 1 Date - 5/13/09 Order No. . 347503 000 OP Brn/Plt - 3511 CITY OF LUBBOCK SANITATION DEPARTMENT 208 MUNICIPAL DRIVE LUBBOCK TX 79403 _ --------6------------------- Ordered - 05/13/09 Freight BDetination Frt Prepaid Requested 07/07/09 Taken By . FEIORTA Delivery - PER P. MORIN REQ# 32730 ITB# 08-079-FO ---------------------------------------....................................... Description / Supplier- Ite Ordered UM ...........Unit Cost UM Extension Req_-Dt 3 CUBIC YARD DUMPSTERS - 88.000 EA 587.0000 EA 51,656.00 07/07/09 3 CUBIC YARD DUMPSTERS 12.000 10.000 EA A 587.0000 527.0000 EA EA 7,044-00 5,2 0.00 07/07/09 07/07/09 2 CUBIC Y RD DUMPSTERS This purchase order encumbers funds in the amount of $63,970, for a bid awarded to Fuqua Industries Incorporated of Rio Vista, Texas, on September 25, 2008, in accordance with Resolution No. 2008-110370. The following are incorporated into and made part of this purchase order by letter of ratification or Resolution No. 2008-110370. CITY OF LUBBOCK Tom Martin, Mayor ATTEST: ebe ca Garza, City Secretory Total Order .............................................................. ------------------------------------------------------ Terms NET 3063.970.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CiTY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: i SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as Follows la) Selter's name and address, (b) Consignee's harm, address and purchase order or purchase release number and the supply agreement number if applicable. let Container number and total number of containers, e.g. box I 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 tamers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and rio tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RiSK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisiom of this contract as to time of delivery. quality and the like. If a tender is made which does riot fully conform, this shall constitute a breach 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 Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5 INVOICES & PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreernxnt 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, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000. Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer 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 to 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 this contract is canceled by Buyer pursuant to this provision, Buyer 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. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of am special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process she;ts related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. S. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrams that no person or selling agency has been employed or retained to solicit or secure this 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 of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price. or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option ofthe Buyer. Seiler warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) famished by the Seller, if any. In the event of a conflict or between the specifications, drawings. and description, the specifications shall govern. Notwithstanding am provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including. but not limited to calculating. comparing and sequencing) ofall hardware, software and firmware products delivered and services provided under this Contract, individually or in combination. as the case may be from the effective date of this Contract. Also, the Seller warrants the year2000 calculations wdl be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its suit option- may require the Seller, at any time. to demonstrate the procedures n intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to produces and seiices provided by the Seller, is sub -Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, is right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Sellers liability which may be specified in this Contract. is appendices. its schedules. its annexes or any document incorporated in this Contract by reference.. 10 SAFETY WARRANTY Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the L: S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards. Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. i i. NO WARRANTY BY BUYER AGAINST iNFRINGEMEN IS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no warranty that the production ot'goods according to the specification will riot give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that in infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertain the production of the goods in accordance with the spectficatiots will result in infringement or the like• the contract shall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer 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 term hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such rightof cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14. TERMINATION. The perfortrrance ofwork under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13, herein. 15. FORCE MAJEURF.. Neither parry 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 parry is unable to prevent. 16, ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seger without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a breach of this 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 parry. 18. INTERPRETATION -PAROLE. EVIDENCE. This writing, plus any specification for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and 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 this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall begovemed 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. 20. RIGFTi"TO ASSURANCE. Whenever one party to this 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 his intent to perform. in the event that a demand is made and no assurance is given within free (5) days, the remanding party may treat this failure as an anticipatory repudiation of the contract. 21, INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer. its agents. officials and employees, against all injuries, deaths- loss, damages, claims. patent claim. suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer 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 Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shalt, at his own expense, appear• defend 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 Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 22. TIME. 1t 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 Seiler to be in default of this agreement. 23. MBE, The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and worsen business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. Rev.08/2005 T O G � � l/ U RC H AS E O RD E R TO: FUQUA INDUSTRIES INC PO BOX 789 RIO-VISTATX 76093 Page - 1 Date - 5/21/09 Order No. 347503 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK SANITATION DEPARTMENT 208 MUNICIPAL DRIVE- LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE (2f LAK P.O. BOX 2000 LUBBOCK, TX 79457 BY: Ordered 05/13/09 Freight - FOB Destination Frt Prepaid Requested - 07/07/09 Taken By - FELIX ORTA Delivery - PER P. MORIN REQ# 32730 ITB# 08-079-FO -------------------------------------------------------------------------------------- REVISED/CORRECTED PURCHASE ORDER Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt ---------------------------- 3 CUBIC YARD DUMPSTERS ----------- 121.000 -- EA ----------- 430.0000 -------------- EA 52,030.00 -------- 07/07/09 3 CUBIC YARD DUMPSTERS 17.000 EA 430.0000 EA 7,310.00 07/07/09 2 CUBIC YARD DUMPSTERS 12.000 EA 385.0000 EA 4,620.00 07/07/09 This purchase order encumbers funds in the amount of $63,960, for a bid awarded to Fuqua Industries Incorporated of Rio Vista, Texas, on September 25, 2008, in accordance with Resolution No. 2008-110370. The following are incorporated into and made part of this purchase order by letter of ratification or Resolution No. 2008-110370. CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Rebe a Garza, City Se a ary Total Order -------------------------------------------------------------- =...................... Terms NET 30 63,960.00 TERMS AND CONDITIONS iMPORiANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller will package goods in aceardance with good commercial practice Each shipping contamer shall be clearly and permanently marked as follows (a) Seller's rums and address (b) Consignee's narne, 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. bar 1 of 4 boxes, and (d) the numbs of the container baring the packing slip. Seller shall bear eat of patI Ming unless otherwise provided. Goods shall be suitably pecked to seem k" transportation cab and to conform with rowirernams of colmtort cadets aofifey eppeira6%ip6alicsi>odi: Buryat's ccisitai• wsip6t sR� be Sruf and conclusive on shipments not aaarrpaniod by packing lists. 2. SHPMENf UNDER RESERVATION PROHIBITED. Seller is not surlsoriad to ship the goods under reservation and no tender of s bile of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOBS. The title and risk of lees of the goods shall not pass to Buyer until Buyer actually moves and takes possession of the goads at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tende cif*lly ry ofgoods must ; fully comply with all provisiar of this cunt rio at jo)prre of delivaiy, quality and the like. If a tender ei msde which does runt not have the right to substitute a confomting tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to sue arc may then make a conforming tender within the contract time but not afterward 5. INVOICES d PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. invoices shall indicate the purchase order or purchaa release number and the supply agreement number if applicable. Invoices shall be itemised and traaportmion cher$ek if ®ry, ahaII be listed separately. A copy of the bill of lading and the freight waybill when applicable, should be stbched to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instrununta am submitted after delivey. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of eattertainment, gifts or otherwise, were offered or given by the Seller, or any aged or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to de awarding or amanding, or the making of any determinations with respect to the performing of such a contract. in the event this contract is canceled by Buyer pursrnent to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the coat incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS k TEST EQUIPMENT. If the price stated on the face hereof includes the cad of any special tooling or special tam equipment fabricated or required by Seller for the Purpose of filling this order, rich speeisl tooling equipment and any process sheets related these to shall became the property of the Buyer and to the extent feasible shall be identified by the Seller as such 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shaft be that contained in Sella's bid which Seller warrants to be no higher then Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions sad rretfiods of prachow. In the evert Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this oontrad withal liability to Seller for breach or Seller's actual expense. b. The Seller warraun that no person or selling agency its been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide astablished comp ercial or selling agencies maintained by the Seller for the purrposet of securing business. For bnmch of vitiation of this war any the Buyer shall have the right in addition to any other right of righbto areal this cantiaof withhout liability and to deduct from the contract price, or otherwise recover without liability arc to deduct from the contract price, or otherwise recover the Roil amount of suck eentninton, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seiler shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation and to the ample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shell govern Notwithstanding any provisions contained in the contractual agreement, the Seller represents and wwmnis fault-froe performance and fault -free result in the proce"rg date and date related data (including, but to limited to calculating, conperingad sequencing) Udall hardware, software and frrmwere products delivered and services provided under this Contract, individually or m combination, as the case may, be Gom the effective doe of this Contract. Also, the Seller warrants the yew2000 calculations will be recognized and accommodated and will not, in any wry, nssuh in hwdwany sotlwt t or fwtwae failure. The City of Lubbock, a its sole option, may require the Seller, d any time, to demonstrate fhe procedures it intends to follow in order to comply with all du obligations, contained herein The obligations contained herein apply to products and services provided by to Seller, its sub -Seller or any third party involved in the creation or developman of the products and services to be delivered to the City f L oubbock undo this Coruran, Failure to comply with arr/of the obligations contained harem, may resuh in der City of Lubbock availing itself of ay of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or defsuh. The warranties contained herein an separate and discrete from any other warranties specified in this Contract, and are not subject to am disclaimer of warranty, implied or expressed. or limitation of the Seller's liability which may be specified in des Co trxt, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Sella warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Ad of 1970. in the even the product does not cordarm to OSHA standards. Buyer may ratio the product for correction or replacarert at the Seller's expense. in the event Seiler fails to make the appropriate correction within a remauble time. correction made by Buyer will beat the Seller's experoe. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this uao, for sale Seller agrees to socensin whether goods nmwfictured in accordance with the specifications attached to this agmemerit will give rise to the rightful claim of any third paean byway of infringement of the like. Bayer 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 Buys be liable to Seller for indemnification in the event that Seller is sued on the grotands of inftitgemeitt of the like. if Sella is of the opinion that an infiingement or do like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. if Buyer does not receive notice and in subsequently hold liable for the infringement or the like, Seller will save Buyer 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. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting than. 13. CANCELLATION. Buyer 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 tams hereof including warranties of Sella or if the Seller becomes insolvent or commits acts of bankruptcy. Such rightof cancellation is in addition to aid not in lieu of ary other remedies which Buyermay have in law or equity. 14. TERMINATION. The perfamunm of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buys set forth in Clause 13, herein. 15. FORCE MAJEURE. Neither party shall be held resporesible for lases, resulting if the fulfillment of try tom of provisions of this contract is delayed or prevented by any cause not within the control of Ole party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a breech of this contract an 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. 1S. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and perfor ance provided by Buyer in its advemtiso mt for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the tams of their agreement Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Comanercial Code. Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Corn ercial Code as adopted in the State of Texas as effective and in force an the data of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question tea other party's intern to perform he may dental that the other party give written assurance of his inset to perform. In the event that a demand is made and no asurarxx is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiationof the contract 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, paten claims, suits. liabilities, judgments, casts and expenses, which may in anywise sane against the Buyer in corsequence of the granting of this Control or which may anywise result therefrom, whether at not it shall be alleged or determined that the an was cased through negligence or omission of the Seller or is employees, or of the subSeller or assignee or its employed, if any, ad the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in conncctien therewith, and, if ay judgment shall be rendered against the Buyer in any such actin, the Seiler shalt, at its own expenws, satisfy and discharge the some Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller; shall in no way limit the responsibility to indernnify, keep and save harmless and defend the Buyer as herein provided. 22. TIME. it is hereby expressly agreed and understood that tuna is of tha essence for the perfrnmasee of this contract, and faihare by oortmct to meat the time specifications of this agreement will cause Seller to be in default of this agreement. 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to am contract entered into pursuant to this request minority and warners business enterprises will be afforded equal opportunities to submit bids in response to this imitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. Rev. 08/2005 Resolution No. 2008-RO371 September 25. 2008 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and Caprock Welding & Supply, Inc., of Wolfforth, Texas, for slant side loading refuse containers —annual pricing per ITB 08-079-FO, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 25tb day of September i , 2008. ATTEST: ���.r'4f7444 TOM MARTIN, MAYOR Reb ca Garza, City Secretary ?D, AS TO'CONTENT: City Manager/Transportation & Public Works 11 APPROVED AS TO FORM: Don Vandiver, City Attorney D Dres/Caprock W eldingCon08 Res September 12, 2009 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing Resolution No. 2008—RO371 CITY OF LUBBOCK CONTRACT For Slant Side -Loading Refuse Containers — Annual Pricing ITB # 08-079-FO THIS CONTRACT, made and entered into this 25th day of September, 2008, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Caprock Welding & supply Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Slant Side -Loading Refuse Containers — Annual Pricing 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 Boiler Slant Side -Loading Refuse Containers. 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 Slant Side -Loading Refuse Containers specifically referred to as Item(s) No. 3 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The contract shall be for a term of three years, said date of term beginning upon City Council date of formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 3. Listed quantities are estimate only. Actual quantities may vary 4. 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. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 6. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 08-079-FO.doc 34 iTB408-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing 7. The contractor shall obtain and maintain in full force and effect during the term of the contract, 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: INSURANCE COVERAGE REQUIRED 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. 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 AMOUNT Automobile Liability insurance, including: Any Auto for Transit Company Combined Single Limit for bodily injury and property damage of $ 500,000 per occurrence 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. 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. 8. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 9. This Contract consists of the following documents set forth herein; Invitation to Bid #08-079-FO, General Conditions, Specifications, and the Bid Form. 08-079-FO.doc 35 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK <rA_4-W Tom Martin, Mayor ^ ATTEST: Rebec Garza, City Secretary AS TO CONTENT.- Transportation and AS T&FORM: City Address a�z lie Works Assistant City Manager 08-079-FO.doc 36 ITB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing SUBMIT TO: CITY OF LUBBOCKCITY OF LUBBOCKPurchasing TEXAS &Contract Management , ift 1625 IP Street Rm 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez I EMPLOYER #08-079-FO TEL: 806.775,2167 FAX: 806.775.2164 http://purchasing.ei.lubbock.tx.us TITLE: Slant Side Loading Refuse Contalners-Annual Pricing SUBMITTAL DEADLINE: August 28, 2008, 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: : August 19, 2008 at 10:00 tnv bhG received after the time and date listed above, ►egardfess of me A.M. in the City Hall, 1625 13'h Street, Purchasing Conference mode ojdellvery, .+hall he returned unopened. Room 204 Lubbock,Texas. R PONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: Q IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE —` v to �..� - "STATEMENT OF NO BID". CITY - STATE —ZIP-' THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT 3 Z ANY AND ALL BIDS IN WHOLE OR IN PART AND WANE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEPHONE NO: �Riie a ,•s• D 3 �+�t0 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 FAX NO: REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE � , �1 t 24044 RECEIVED BY THE PURCHASING MANAGER NO LATER 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 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 1 certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or servicc(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror 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 no hcrcafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity r s 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 ti the ' tenders final p ment to vendor. • �. Authorized Signature Title &,&I(E D . o N w 9-.3 Print/Typc Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 08-079-FO.doc 7 i 171713#08-079-170, Slant Side -Loading Refuse Containers -Annual Pricing BiD FORM Slant Side -Loading Refuse Containers — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 08-079-FO In compliance with the invitation to Bid #08-079-FO, 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 #08-079-FO is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. DELIVERY ITEM DESCRIPTION QTY U/M UNIT COST* EXTENDED Days ARO** (More COST or Less i Two -cubic yard side loaders, as 10 EA specified herein , j"-r 2 Three -cubic yard side loaders, as 135 EA o0 00 $ D " specified herein ��' 32S 3 Four -cubic yard side loaders, as herein 20 EA 15' 30 specified Overall Total O 7s., 00 Seller's bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, City of Lubbock. The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive immaterial formalities.. Unless otherwise specified herein, the City may award the bid either item -by -item or on an all -or -none basis for an; -Item or group of items shown on the Bid Form. The undersigned hereby offers to furnish and deliver the articles or services as specified above at the prices and terms there stated and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subjecrto withdrawal. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later, Discounts for payment in less than ten days will not be considered. MOST 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/services of like quality and quantity; and does not include any provision for discounts to selling agents. if at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. iNTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the interlocai 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 08-079-FO.doc 8 A 1TB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing 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 NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY ii WK t f y R96 � 4 a corporation organized under the IV laws of the State of �r , or a partnership consisting of or an individual trading as of the City of 06. C_ in + , ^ J, I City: W® `?-'�� r`T(n State: 7_ Zip —7 q 3d 2 M, Fit By Of Business Telephone Number 1?0(0 " _77b'- •r0a3 FAX: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 08-079-FO.doc 9 IT13#08-079-170, Slant Side -Loading Refuse Containers -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: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13`h Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete gffld__avits//may �qbe rejected l Local Business Name: b me k_ K✓ 14& /lt i .514. Db t 4 /t e— 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: _70 G r 3 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: Company Name and Address (as it appears on permit): f ` i 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 undersigns slat that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submi information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services f periof one (1) year. , 14, Authorized Printed Name and Title: 08-079-FO.doc 6 Date: 1?' 310� 1. 2. ITB#08-079-FO. Slant Side -Loading Refuse Containers -Annual Pricing Slant Side -Loading Refuse Containers — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 084)79-FO SLANT SIDE -LOADING REFUSE CONTAINERS MINIMUM SPECIFICATIONS GENERAL It is the intent of the City of Lubbock, Texas, to secure side loader refuse containers, sizes 2 cubic yard, 3 cubic yard and 4 cubic yard, to be constructed in accordance with the attached plans and these specifications for use with collection equipment now in use by the City. The containers shall be delivered to the City of Lubbock painted and ready for use according to the following: A minimum of 50% of the total quantity must be delivered within 90 days of award of the contract and the remainder must be delivered within 150 days of award of the contract. Each container must be serialized with the last two numbers of the year of manufacture, the cubic yard size of the container and the sequential number of the container. For example, serial number 08-3-1, is the number for the first 3 cubic yard container produced in 2008. The serial number should be in a 4" die metal stamping above the reinforcing left plate. Also 3" (H) x 1-3/4" (W) numbers shall be stenciled on the front and inverted under right lift arm (facing container), with Glossy Black Spray Lacquer. All materials will be furnished by vendor. All containers must not exceed cubic yard dimensions for size ordered. All containers shall be guaranteed for twelve months after delivery against defective workmanship and materials. Prices bid shall include delivery to 1631 84`h Street, Lubbock, Texas 79423 at scheduled times and dates specified by Solid Waste Services Dept. Unloading at point of delivery will be done by the City of Lubbock. The contractor shall protect and save harmless the owner from all and every demand for damages, royalties or fees on any patented invention used by the contractor in connection with the work done or materials furnished under this contract; provided, however, that if any patented materials, machinery, appliance or invention is clearly specified in this contract, then, and in the event, the cost of procuring the rights of use and legal release or indemnity determined and directed to be included in the bid price at the time the proposal is submitted. STEEL All sheet metal shall be hot rolled commercial quality steel. Container front, rear and sides 12 gauge welded continuously on the interior. Container lids - 14 gauge. Container bottom shall be high molecular weight polyethylene or 100% recycled rubber/plastic alloy. The City of Lubbock will accept bottoms produced by Bryan Container Company, Bryan, TX (888.611.3333), or approved equal. Top perimeter of container to be reinforced by 12 gauge formed channels. Bottom of the container will be reinforced with two C3 X 4.1 channels located 11" from each side and installed parallel from front to back. See Attachment F 08-079-FO.doc 22 IT9#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing Lift arm shall be a C4 x 5.4 channel on each side, dimensions shown, welded continuously on top and skip welded on bottom. See Attachment E The lift pin shall be extended through and flushed with the back of the channel and also through the 2 gauge reinforcing plate. The pin shall be 1 'h" diameter x 3 'h" long round steer bar and welded all-around as indicated. Buff plate will be located in front of the lift arm and will be 2" x 3" x 1/4" x 20" long angle iron. The angle will wrap around the corner from the front of the container. The front, rear and sides of all containers shall be constructed of smooth hot -rolled steel plate and sheets welded on all seams. Welds shall be continuous except where stated to the contrary and shall form a secure bond between metals. Puddling and splattering are unacceptable. 3. CONTAINER BOTTOM Container bottom shall be made of 3/16" high molecular weight polyethylene or 100% recycled rubber/plastic alloy, seamless extending a minimum of ten inches up the inside wall of the container. The City of Lubbock will accept bottoms produced by Bryan Container Company, Bryan, TX (888.611,3333), or approved equal. Dimensions of plastic bottoms from Bryan Container Company are as follows: 3 cubic yard = 47 h inches 4 cubic yard = 47 !6 inches Specifications for installing plastic bottoms: After construction of metal box with cross members on the bottom, insert plastic bottom from top. To secure plastic bottom to metal container either pop rivet or weld Z bars to side of container. SEE ATTACHMENT A 4. STEEL TUBULAR LID -STOPPER Tubular lid -stopper shall be constructed of Y4 " round steel tubing, 16" long with two 4" legs. Legs shall be welded to the steel portion of the container. SEE EXAMPLE PICTURED IN ATTACHMENT B 5. LIDS Lids shall be made in three parts as indicated on plans, with the rear lid to be constructed of 14 gauge hot -rolled steel and hinged with 3/4" inch pipe. Front lids shall be plastic, manufactured independent of each other and hinged to rear lid with 1/2-inch solid steel rod. Rear lid shall be 15" x 60" constructed of 14 gauge hot -rolled steel. Color shall be sandalwood brown or similar color, to match existing containers. Front lids shall be ttA" thick and should be composed of 100% recycled polyethylene. Plastic lids shall be 30" long x 30" wide. Lids must be guaranteed not to chalk or crack due to ultraviolet exposure for three years from date of delivery. Plastic lid must be similar to those currently being used by the City of Lubbock with the City of Lubbock logo molded into the lid. Front lids must be designed with extra high ribs to provide structural strength, durability, and prevent sagging in hot weather. Front lid color shall be black. 08.079-FO.doc 23 rrB#08-079-FO, Slant Side -Loading Refuse Containers -Annual Pricing 6. CLEANING All welds shall be cleaned to bright metals and shall be free of all foreign material, slag, rust, dirt, oil or other material, which will show unevenness after painting. Failure to do so shall be cause for rejection until deficiency is correct. 7. PAINTING Containers shall be painted inside and outside with a two -coat system consisting of a corrosion inhibitive fast drying primer followed by a high gloss enamel finish coat. Primer coat shall be a fast dry zinc chromate. The finish coat shall be a high gloss, quick drying enamel. Finish color shall be sandalwood brown or similar color, selected by the owner, to match existing containers. Sample color will be furnished. Paint must be approved by the owner before any containers are shipped. The above paint shall be applied on the interior and exterior of the container. Paint shall be clean and free from foreign material and shall be applied evenly without runs or sags. Paint shall be guaranteed for one year against cracking, checking or loss of adhesion and appreciable color change or chalking of the finish coat or paint. APPLICATION 1. Mix and apply coating according to manufacturer's printed instructions. 2. Apply coatings to obtain a thickness of 4 dry mils. 3. Allow coating to cure before transporting to avoid damage. 4. Use wet film gauge during application to assure proper film thickness is applied. 5. Apply additional costs as needed to obtain specified dry film thickness. INSPECTION 1. Inspect all surfaces for tuns, sags and holidays. Repair as necessary to obtain an acceptable finish. 2. City personnel will check dry film thickness to verify that it conforms to the mil thickness of the coating systems specified herein. INSUFFICIENT mil thickness will require recoating at the expense of the Contractor. Dry film thickness readings shall be taken at random locations at the rate of about five readings per hundred square feet of surface with at lea st one reading per surface. The average of all readings for a given area or surface shall equal or exceed the dry film thickness specified and no individual readings shall be more than 20 percent below the specified thickness. Any areas, that are found to be below standard, shall be marked and recoated, at the Contractor's expense, to obtain the proper film thickness. The City reserves the right to monitor the construction of the containers, which includes visiting the site of the Contractor and verifying that all specifications are being complied with. 3. Any characteristics of the film that the City personnel deems unacceptable, either during construction or before acceptance, shall be remedied by the Contractor, at the Contractor's expense. COATING SYSTEMS 08-079-FO.doc Prime Coat: Vendor can select from attached list any primer that has VOC's of 450 or less. Finish Coat: High gloss, quick drying enamel @ 2 dry mils Finish coat color is sandalwood brown or similar color to match existing containers 24 iTB#0"79-FO, Slant Side -Loading Refuse Containers -Annual Pricing SEE ATTACHMENTS C AND D 8. SPECIFICATIONS VARIATIONS Variations from these specifications and attached drawing WILL NOT BE ACCEPTABLE. 9. QUANTITY 10 more or less 2 cubic yard side loaders 135 more or less 3 cubic yard side loaders 20 more or less 4 cubic yard side loaders 10. TERMS OF CONTRACT The contract shall be for a term of three years, said date of term beginning upon City Council date of formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 08-079-FO.doc 25 TO URCHASE ORDER CAPROCK WELDING & SUPPLY 909 HIGHWAY 6282 UNITS 5&6 WOLFORTH TX 79382 ACCOUNTS PAYABLE P.O. BOX 2000 UMOCK. TX 79457 SHIP TO: BY: Page - 1 Date - 5/13/09 Order No. . 347504 000 OP Brn/Plt - 3511 CITY OF LUBBOCK SANITATION DEPARTMENT 208 MUNICIPAL DRIVE LUBBOCK TX 79403 Ordered - 05/13/09 -Freight. - FOB. Destination Frt Prepaid d -------- Requested - 07/07/09 Taken By - FELIX ORTA Delivery PERP. ___- MORINREQ# 32732 ITB# 08-079_FO __--._--__- Description / Supplier Ite Ordered UM Unit Cost UM - Extension Req. - ------------------------- 4 CUBIC YARD DUMPSTERS 55.000 EA 615.0000 EA 33,825.00 07/07/09 This purchase order encumbers funds in the amount of $33,825, for a bid awarded to Caprock Welding & Supply Incorporated of Wolfforth, Texas, on September 25, 2008, in accordance with Resolution No. 2008-110371. The following are incorporated into and made part of this purchase order by letter of ratification or Resolution No. 2008-110371. CITY OF LUBBOCK Torn Ma in, Mayor ATTEST: Rebe a Garza, City Segretary Total Order .. Terms NET DUE ON RECEIPT 33,825.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller wilt package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently narked as follows I a) Seller's name and address (b) Comignee's name, address and purchase order or purchase release number and the supply agreement number if applicable. lc) Container number and total number of containers, e.g, box I of 4 boxea, and Id) the number of the container hearing the packing slip. Setter 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 carvers and any applicable specifications. Buyer's court or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMEMT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no terda of* bill of lading will operate as a tender of goods. 3. TITLE AND RiSK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer unlit Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time,ofdelivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Sella shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired the Seiler may, reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. Seller stall submit separate invoices, in duplicate. one each purchase order or purchase release allot 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, should be attached to the invoice. Mail To: Accounts Payable. City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may. by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer 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 to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of arty determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer 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. 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 filling this order, such special tooling equipment and any process sheets related thereto shall become, the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. in the event Seller breaches this warranty. the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this 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 of viciation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee, 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and arty attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation and to the samp4e(s) furnished by the Seller, tf airy. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and wartams fault -free performance and fault -fen result in the processing date and date related data (including, but not limited to calculating, competing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the rase may be from )be effective date of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware -failure. The City of Lubbock, at its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained basin. The obligations contained herein apply to products and services provided by the Seller, as sub -Seller or arty third party involved in the creation or development of the products and sen•ices to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. Thi warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, invited or expressed. or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. M, SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Sella fails to make the appropriate correction within a reasonable Brno, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUi'ER AGAINST iNFRINGEMEN IS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of am' third person by way of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claut4 and in no event shall Buyer be liable to Sella for indemnification in the event that Sella is sued on the grounds of infringement ofthe like. IfSeller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infnngemem or the like, the contract shall be null and void. 11. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13, CANCELLATION. Buyer shall have the right to cancel for default allot any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Sella becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of airy other remedies which Buyer may have in law or equity. 14, TERMINATION. The performance of work render this order may be terminated in whole, or in pan by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Btryerset forth in Clause 13, herein. 15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of arty terns of provisions ofthis 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 parry is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a breach of this 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. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid. is intended by the parties as a final expression of their agreement and 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 this. agreement, the definition contained in the Code is to control, 19. APPLICABLE LAW. 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. 20. RIGHT TO ASSURANCE. Whenever one party to this 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 his intent to perform. In the event that a demand is made and no assurance is given within ittve (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agoras, officials and employees. against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments. costs and expenses, which may in anywise accrue against the Buyer 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 our omission of the Seller or its employees. or of the subSeller or assignee or its employees, if arty. and the Seller shall, at his own expense, appear, defend and pay a)I charges of attomeys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly ynderstands and agrees that any bond required by this contract, or otherwise provided by Seiler, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 22. TIME. 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 tithe specifications of this agreement will cause Seller to be in default of this agreement. 23, MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request. minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race. color, sex or natural origin in consideration for an award. Rev. 08/2005