HomeMy WebLinkAboutResolution - 2004-R0199 - Letter Of Award For Repair And Refurbishment - Precision Hyraulic Technology - 04/22/2004 (3)Resolution No. 2004-RO199
April 22, 2004
Item No. 34
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Letter of Award for repair
and refurbishment of side loading trash packer bodies, by and between the City of
Lubbock and Precision Hydraulic Technology of Odessa, Texas, and related documents.
Said Letter of Award is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 22nd day of
ATTEST:
Reb ca Garza, City Secret
APPROVED AS TO CONTENT:
Victor Kilma , Purchasing Manager
APPROVED AS TO FORM:
Attorney
gs/cdocs/Ltr of Award -Precision Hydraulic Technology.res
April 12, 2004
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 • Fax (806) 775-2164
April 22, 2004
Precision Hydraulic Technology, Inc.
ATTN: Robert Woolf
357 S. F.M. 1936
Odessa, TX 79763
Resolution No. 2004—R0199
Office of
Purchasing
RE: ITB #038-04NK — REPAIR AND REFURBISHMENT OF SIDE LOADING TRASH PACKER BODIES
Dear Mr. Woolf:
PRECISION HYDRAULIC TECHNOLOGY INC. has been awarded the items noted below for
Repair and Refurbishment of Side Loading Trash Packer Bodies based on your response to the City of
Lubbock Invitation to BID #038-04NK.
1. Category of Items:
A. Complete repair and refurbishment of one 1997 Pak -Mor municipal solid
waste 33 cubic yard side -loading trash packer body compactor identified as
Unit #168 using re -built replacement parts per spec #NV -SW -15.
B• Complete repair and refurbishment of one 1994 Pak -Mor municipal solid
waste 33 cubic yard side -loading trash packer body compactor identified as
unit #1113 using re -built replacement parts per Spec #NV -SW -15
2. PRECISION HYDRAULIC TECHNOLOGY INC.'S bid dated March 29, 2004 and the City's
ITB# 038-04NK are incorporated into and made a part of this agreement.
3. Prices: As quoted on Bid Form.
4. All invoices shall be directed to:
City of Lubbock
Accounts Payable
PO Box 2000
Lubbock, Texas 79457
CITY OF
Mayor
TEST: t
Ak
eb cca Garza
City Secretary
cc: Bid Folder
Vendor File
APPROVED AS TO CONTENT:
V
Victor Kil L
Purchasing Manager
APPROVED AS TO FORM•
cf
orney
Resolution No. 2
ITB #038 -04 -VK, Repair and Refurbishment of Side Loading Trash a00 Bodidiees 99
SUBMIT TO:
CITY OF LUBBOCK
PURCHASING DEPARTMENT
1625 13.. STREET, RM L04 f 1
LUBBOCK, TX 79401-3830
AN EQUAL
CONTACT PERSON: OPPORTUNITY
Victor
'it
EMPLOYER
TEL: 806.775.2167
FAX: 806.775.2164
http://purchasing.ci.lubbock.tx.us
CITY OF LUBBOCK, TEXAS
INVITATION TO BID
#038 -04 -VK
TITLE:
Repair and Refurbishment of Side Loading Trash Packer Bodies
PRE BID DATE, TIME AND LOCATION:
RE GIN n
MAILING ADDRESS:
CITY - STATE - ZIP:
TELEPHONE NO:
FAX NO:
E
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
7 F _ -)QA a X40
SUBMITTAL DEADLINE:
March 16, 2004, 3:00 P.M. CST
Any bids received after the time and dote listed
above, regardless of the mode of delivery, shall
be returned unopened.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB
NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY
NAME AND ADDRESS.
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN
THE "STATEMENT OF NO BID",
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE
COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO
ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE
CITY.
PURPOSEIT IS THE INTENT AND THE
K THAT THIS
REQUEST PERMITS COMPETITI EBIDSF T ISCTHE BIDDER'S RESPONSIBILITY
TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY
LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF,
INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS
ITS TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN
WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER
THAN FIE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA:
#31,0020#4j #5kJ
(Please Initial)
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the
municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. 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 al( 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 's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the
vendor.
Authorized Signature
Title
Pnnt/Type Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
031TSVehicleSV.doc
BID FORM
Repair and Refurbishment of Side Loading Trash Packer Bodies
CITY OF LUBBOCK, TEXAS
ITB #038.04 -VK
In compliance with the Invitation to Bid #038 -04 -VK, 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 /1038 -04 -VK is by reference incorporated in this contract. The Bid
Form must be completed in blue or black Ink or by typewriter.
Unit
ITEM QTY Of Total Unit Bid Price Delivery
Measure DESCRIPTION (Days)
Total
Bidder's Attached After Receipt
1 1 Bid Pro sal of Bo
Mor municipal solid waste 33 cubic yard side
Each Complete Repair and Refurbishment of one 1997 Pak
loading
trash packer body compactor identified as unit #168 45 _ 60using only new replacement parts per Spec /INV SW 15.
1.-A 1 Each ALTERNATE BID - Complete Repair and Refurbishment of
one 1997 Pak -Mor municipal solid waste 33 cubic yard
Side -loading trash packer body compactor identified as
unit #168 using re -built replacement parts per Spec 45-60
#NV -SW -15.
2. 1 Each Complete Repair and Refurbishment of one 1994 Pak -
Mor municipal solid waste 33 cubic yard side -loading
trash packer body compactor identified as unit #1113 $�' '�`! '4
using only new replacement parts per Spec #NV -SW -15. 45;,60
2.-A 1 Each ALTERNATE BID - Complete Repair and Refurbishment of
one 1994 Pak -Mor municipal solid waste 33 cubic yard
side -loading trash packer body compactor identified as $�
unit #1113 using re -built replacement parts per Spec
#NV -SW -15.
*PRICE: F.O.B. City of Lubbock Municipal Garage - Lubbock, Texas
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of net 10 _
will not be considered in determining low bid. Unless otherwise indicated on the Bid Form,calendar days. Discounts
THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date
payment by the City within a stipulated
of acceptance, whichever event occurs later. Discounts for prompt payment requiring Payment terms will -be NET
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.
THIS BID IS SUBMITTED BY
of the State of 7M- L a corporation organized under the laws
or a partnership consisting of
or individual trading as
Firm: t+ ► c v, , i I •- - - _ - _ _ of the City of
City:
State: T'SC
MAYBE Firm: Woman Zip %%3
Black American Native American
His anic American Asian Pacific American
Other (Snecifvi
Authorized Representative - st sign by hand
Officer Name and Title:..
Please Print
Business Telephone Number_��
RETURN COMPLETED ft SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. 7—
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME
AND ADDRESS.
ITB #038 -04 -VK. Repair and Refurbishment of Side Loading Trash Packer Bodies
EQUIPMENT SERVICE QUESTIONNAIRE
1. What is the name and address of the nearest authorized service facility to the City of Lubbock? If your
company does not own nearest service facility, please provide letter of assurance of
facilitservice from said
y {HCl S•lc. J j 1. f'�•RAL U G "T"'�i• 1,� I GiY
SS -7 s. �F' m. 19--tv.
C) pIM-S4., -TK 717463
2. What is yourtototal parts inventor for the proposed equipment?
.'�,
3. How many technicians are employed at the nearest service facility?
7
4. How many field service technicians are available for on-site service?
4
5• What is the hourly tabor rate for shop labor?
45, c,c
6. What is the hourly labor rate for field service labor?
4-5 r►O
7. What is the average response time that can be expected for a service call?
�5 14 Gv`"iZ S
8. What is the average delivery time for parts not found in inventory?
9. Approximately how long will replacement parts be available for the proposed unit?
10. Explain the method for calculating the discount available for repair/replacement parts. (Show percent of
discount to be expected.) C: C)S� .7, L11
11. Provide an explanation of the standard warranty coverage of the machine quoted. What is the process for
handling defective parts, quality of workmanship or poor quality of materials?
S'JrT� �4'l'T"AG1-lT'j�
12. How many years has this particular machine been in production?
1 C� `"c'` A_Izs
13. if the service facility is located outside the City of Lubbock, explain the process for performing (i)
warranty work, (ii) service not covered in the warranty, and (iii) service work after the warranty has
expired. S,EZ QiT�Gi•!
14. Who is liable for transportation expense should the unit 1- require out of town service during the warranty
period?-PRR�C.t S1c J NI!I'RAv Li C. " i' C, -4 hl, LGA
15. Explain the method used to calculate the tran portation expense of out of town service.
�,C a0.f,�,.R i�G� � e �✓' � �R tril L�
16. State in years the useful life and expected downtime of equipment quoted. S 7
>%:P c..m1.1S use,,
NOTE: RETURN THIS QUESTIONNAIRE ALONG WITH YOUR BID SUBMITTAL. YOUR RESPONSE TO THE
EQUIPMENT SERVICE QUESTIONNAIRE MAY BEA FACTOR IN DETERMINING THE LOWEST RESPONSIBLE BID
03rrBVehicleBV.doc 23
ZPRECISION HYDRAULIC
TECHNOLOGY INC.
WARRANTY
PRECISION HYDRAULIC TECHNOLOGY, INC. WARRANTS ALL PRODUCTS MANUFACTURED,
REMANUFACTURED, OT REPAIRED BY IT TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER
NORMAL OPERATING CONDITIONS AND PROPER APPLICATION IN ACCORDANCE WITH THE SPECIFICATIONS FOR
OPERATION AS DESCRIBED BY THE MANUFACTURER FOR THE PERIOD OF SIX MONTHS,
LIMITATIONS ON WARRANTY
THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES EXPRESSED OR IMPLIED
INCLUDING ANY WARRANTY OF ABILITY MERCHANT OR FITNESS FOR A PARTICULAR PURPOSE. BUYER'S SOLE
AND EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO THE REAPIR, REPLACEMENT OR
EXCHANGE OF WARRANTED PRODUCTS AT OUR OPTION F.O.B. OUR SERVICE FACILITY.
IF THE MANUFACTURER OR AGENT GRANTS ANY WARRANTY GREATER IN SCOPE OR TIME PERIOD OR
LABOR ALLOWANCE THEN THAT DETAILED HEREIN, PRECISION HYDRAULIC TECHNOLOGY, INC. SHALL NOT BE
LIABLE BEYOND THE HEREIN STATED LIMITATIONS. EQUIPMENT AND ACCESSORIES NOT OF OUR
MANUFACTURE ARE WARRANTED TO THE EXTENT OF THE WARRANTY OF THE ORIGINAL MANUFACTURER.
NO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES SHALL BE RECOVERABLE,
PRECISION HYDRAULIC TECHNOLOGY, INC. SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES OR
CONTINGENT LIABILITIES INCLUDING, BUT NOT LIMITED TO, LOSES OF LIFE, PERSONEL INJURY, LOSS OF CROPS,
LOSS DUE TO FIRE OR WATER DAMAGE, LOSS OF BUSINESS OR BUSINESS INCOME, DOWN TIME, COST AND
TRADE OR OTHER COMMERCIAL LOSS ARISING OUT OF THE FAILURE OF THE PRODUCT. PRECISION HTDRAULIC
TECHNOLOGY, INC. WILL IN NO EVENT BE LIABLE FOR ANY SUM IN EXCESS OF THE PRICE RECEIVED BY IT FOR
THE PRODUCT FOR WHICH LIABILITY IS CLAIMED,
NO PRODUCTS SHALL BE RETURNED WITHOUT PRIOR AUTHORIZATION. THERE WILL BE NO
ACCEPTANCE OF ANY CHARGES FOR LABOR AND/ OR PARTS INCIDENTAL TO THE REMOVAL AND REMOUNTING
OF PRODUCT REPAIRED OR REPLACED UNDER THIS WARRANTY.
THE ABOVE WARRANTY DOES NOT COVER CONDITIONS OVER WHICH WE HAVE NO CONTROL
INCLUDING, WITHOUT LIMITATION, CONTAIMINATION, PRESSURES IN EXCESS OF RECOMMENDED MAXIMUM,
PRODUCTS DAMAGED OR SUBJECT TO ACCIDENT, ABUSE OR MISUSE AFTER SHIPMENT FROM OUR FACILITY,
PRODUCTS ALTERED OR REPAIRED BY ANYONE OTHER THAN OUR PERSONEL OR PERSONS SO DESIGNATED BY
US PRIOR TO COMMENCEMENT OF WORK.
THE FOLLOWING ARE TYPES OF FAILURES WHICH ARE NOT ATTRIBUTABLE TO DEFECTS IN
MATERIALS AND/ OR WORKMANSHIP AND WHICH ARE NOT CONSIDERED BY PRECISION HYDRAULIC
TECHNOLOGY, INC. AS PART OF THE WARRANTY EXTENTED HEREUNDER. THIS LISTING, IS BY THE WAY OF
EXAMPLE AND NOT INTENTED TO BE EXHAUSTIVE.
I ) DAMAGE DUE TO DETERIORATION DURING PERIODS OF STORAGE BY THE PURCHASER PRIOR TO
INSTALLATION AND OPERATION
2) DAMAGE OF ANY KIND FROM EROSIVE OR CORROSIVE ACTION OF ANY GASSES OR LIQUIDS
HANDLED BY THE MACHINERY
3) LACK OF INCORRECT TYPE OF HYDRAULIC FLUID.
4) CONTAIMINATION OF THE HYDRAULIC FLUID
5) DAMAGES ATTRIBUTABLE TO ACCIDENT, ABUSE OR NEGLECT
6) STRIPPED SPLINES OR KEYWAYS ON DRIVE SHAFTS
7) INCORRECT MOUNTING OF EXTERNAL GEARS, PULLEYS, ETC.
8) OPERATING BEYOND THE RECOMMENDED MAXIMUM SPEEDS, PRESSURES AND TEMPERATURES
9) USE OF PRODUCTS IN A MANNER OR FOR A PURPOSE FOR WHICH THEY WERE NOT INTENDED BY
THE MANUFACTURER
10) REPAIRS OR DISASSEMBLY BY UNAUTHORIZED PERSONEL
I I) DAMAGE DUE TO VOLTAGE SPIKES, ELECTRICAL STORMS, ETC.
-Jz) i bouut I'M 1936 PO Box 2232 Odessa, Texas 79760 (432) 530-2076 Fax (432) 381-7755
XPRECISION HYDRAULIC
iECNNOL06Y INC.
PRECISION HYDRAULIC TECHNOLOGY IS A SERVICE DRIVEN COMPANY.
WE ARE EXTREMELY PROUD OF OUR QUALITY OF WORKMANSHIP AND
THE MATERIALS THAT GO INTO IT. HOWEVER, SHOULD THERE BE ANY
PROBLEM, IT REQUIRES A SIMPLE PHONE CALL AND WE WILL RESPOND
QUICKLY TO YOUR NEEDS.
IF THERE IS A WARRANTY PROBLEM WITH A COMPONENT OF THE UNIT,
SUCH AS A HYDRAULIC CYLINDER OR PUMP, WE WILL PICK THE
COMPONENT UP FROM YOUR FACILITY, RETURN IT TO OUR FACILITY FOR
INSPECTION AND REPAIR OR REPLACEMENT AS DEEMED NECESSARY AND
RETURN IT TO YOUR FACILITY AT NO COST TO YOU.
IF THE ITEM UNDER WARRANTY IS A PART OF THE PACKER BODY,
SUCH AS A TOP DOOR, WE WILL PICK THE TRUCK UP AT YOUR FACILITY,
RETURN IT TO OUR FACILITY, TAKE CARE OF REPAIRS OR REPLACEMENTS
AND RETURN IT TO YOUR FACILITY AT NO COST TO YOU.
357 South FM 1936 PO Box 2232 Odessa, Texas 79760 (432) 530-2076 Fax (432) 381-7755
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625 13TH STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://purchasing.ci.lubbock.tx.us
MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
ITB #038 -04 -VK
ADDENDUM #2
Repair and Refurbishment of Side
Loading Trash Packer Bodies
March 23, 2004
March 23, 2004 at 3:00 P.M. CST
March 30, 2004 at 3:00 P.M. CST
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect. This addendum provides responses to questions
asked by potential respondents.
1. The CLOSE DATE is changed to Tuesday. March 30 2004 at 3.00 P -.M CST.
The City of Lubbock appreciates your time and effort in preparing your response.
THANK YOU,
Victor Kitman
Purchasing Manager
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625 13TH STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://purchasing.ci.lubbock.tx.us
MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
ITB #038 -04 -VK
ADDENDUM #2
Repair and Refurbishment of Side
Loading Trash Packer Bodies
March 23, 2004
March 23, 2004 at 3:00 P.M. CST
March 30, 2004 at 3:00 P.M. CST
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect. This addendum provides responses to questions
asked by potential respondents.
1. The CLOSE DATE is changed to Tuesday, March 30 2004 at 3.00 P.M. CST.
The City of Lubbock appreciates your time and effort in preparing your response.
THANK YOU,
Victor Kilman
Purchasing Manager
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625 13TH STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://purchasing.ci.lubbock.tx.us
MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
ITB #038 -04 -VK
ADDENDUM #1
Repair and Refurbishment of Side
Loading Trash Packer Bodies
March 15, 2004
March 16, 2004 at 3:00 P.M. CST
March 23, 2004 at 3:00 P.M. CST
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect. This addendum provides responses to questions
asked by potential respondents.
1. The CLOSE DATE is changed to Tuesday, March 23 2004 at 3.00 P.M. CST.
2. Alternate Bid Items 1.-A and 2.-A are added and included in the revised specifications (#NV -SW -
15). Revised Specifications and Bid Form are attached.
3. Please attach to your bid a list of references for similar work that you have completed for other
municipalities and/or businesses.
The City of Lubbock appreciates your time and effort in preparing your response.
THANK YOU,
Victor Kilman
Purchasing Manager
SPECIFICATIONS #NV -SW -15
for
Repair and Refurbishment of Side Loading Trash Packer Bodies
CITY OF LUBBOCK, TEXAS
ITB #038 -04 -VK
ITEM #1 on BID FORM: Complete Repair and Refurbishment of one 1997 Pak -Mor municipal
solid waste 33 cubic yard side -loading trash packer body compactor identified as unit #168,
using only new replacement parts.
The City of Lubbock is seeking competitive bid proposals for the complete refurbishment of
one 33 cubic yard trash compactor owned by the City of Lubbock and operated by the Solid
Waste Division. This unit was originally placed into active service on July 22, 1997. The
packer body was manufactured by Pak -Mor in 1997.
Bidder must include with their bid a bid proposal itemizing costs for all time, labor, parts,
and paint necessary to bring the unit to a like -new operating condition meeting or exceeding
the above stated Specifications for Equipment and OEM standards, using all new (not re-
built) hydraulic components, switches and controls. The proposal must include the removal
of unit from its existing cab and chassis and the installation of the repaired and refurbished
unit onto a new (different) cab and chassis provided by the City of Lubbock.
The new truck's Cab to Axle dimensions are specified with a minimum of 150, maximum
of 160, useable inches, cab to axle trunnion. The Body shall be prepared, primed and
painted a white polyurethane, acrylic enamel, or City approved equal, and match the
color of the truck cab. The color code for the paint shall be given to the successful bidder
when the order is placed.
ITEM #2 on BID FORM: Complete Repair and Refurbishment of one 1994 Pak -Mor municipal
solid waste 33 cubic yard side -loading trash packer body compactor identified as unit #1113,
using only new replacement parts.
The City of Lubbock is seeking competitive bid proposals for the complete refurbishment of
one 33 cubic yard trash compactor owned by the City of Lubbock and operated by the Solid
Waste Division. The unit was originally placed into active service on August 1, 1994. The
Packer Body was manufactured by Pak -Mor in 1994.
Bidder must include with their bid a bid proposal itemizing costs for all time, labor, parts,
and paint necessary to bring the unit to a like -new operating condition meeting or exceeding
the above stated Specifications for Equipment and OEM standards, using all new (not re-
built) hydraulic components, switches and controls. The proposal must include the removal
of unit from its existing cab and chassis and the installation of the repaired and refurbished
unit onto a new (different) cab and chassis provided by the City of Lubbock. The new truck's
Cab to Axle dimensions are specified with a minimum of 150, maximum of 160, useable
inches, cab to axle trunnion. The Body shall be prepared, primed and painted a white
Polyurethane, acrylic enamel, or City approved equal, and match the color of the truck
cab. The color code for the paint shall be given to the successful bidder when the order is
placed.
ITEM #1-A on BID FORM: Complete Repair and Refurbishment of one 1997 Pak -Mor municipal
solid waste 33 cubic yard side-toading trash packer body compactor identified as unit #168,
using re -built replacement parts.
The City of Lubbock is seeking competitive bid proposals for the complete refurbishment of
one 33 cubic yard trash compactor owned by the City of Lubbock and operated by the Solid
Waste Division. -This unit was originally placed into active service on July 22, 1997. The
packer body was manufactured by Pak -Mor in 1997.
Bidder must include with their bid a bid proposal itemizing costs for all time, labor, parts,
and paint necessary to bring the unit to a like -new operating condition meeting or exceeding
the above stated Specifications for Equipment and OEM standards, using re -built hydraulic
components, switches and controls. The proposal must include the removal of unit from its
existing cab and chassis and the installation of the repaired and refurbished unit onto a new
(different) cab and chassis provided by the City of Lubbock. The new truck's Cab to Axle
dimensions are specified with a minimum of 150, maximum of 160, useable inches, cab to
axle trunnion. The Body shall be prepared, primed and painted a white polyurethane,
acrylic enamel, or City approved equal, and match the color of the truck cab. The color
code for the paint shall be given to the successful bidder when the order is placed.
ITEM #2-A on BID FORM: Complete Repair and Refurbishment of one 1994 Pak -Mor municipal
solid waste 33 cubic yard side -loading trash packer body compactor identified as unit #1113,
using re -built replacement parts.
The City of Lubbock is seeking competitive bid proposals for the complete refurbishment of
one 33 cubic yard trash compactor owned by the City of Lubbock and operated by the Solid
Waste Division. The unit was originally placed into active service on August 1, 1994. The
Packer Body was manufactured by Pak -Mor in 1994.
Bidder must include with their bid a bid proposal itemizing costs for all time, labor, parts,
and paint necessary to bring the unit to a like -new operating condition meeting or exceeding
the above stated Specifications for Equipment and OEM standards, using re -built hydraulic
components, switches and controls. The proposal must include the removal of unit from its
existing cab and chassis and the installation of the repaired and refurbished unit onto a new
(different) cab and chassis provided by the City of Lubbock. The new truck's Cab to Axle
dimensions are specified with a minimum of 150, maximum of 160, useable inches, cab to
axle trunnion. The Body shall be prepared, primed and painted a white polyurethane,
acrylic enamel, or City approved equal, and match the color of the truck cab. The color
code for the paint shall be given to the successful bidder when the order is placed.
NOTE: The above mentioned packer bodies are available for inspection at City of Lubbock
Fleet Services, Monday through Friday between the hours of 8:00 am and 3:30 pm. All
inspections must be scheduled by calling Fleets Services at 806.775-2176.
BID FORM
Repair and Refurbishment of Side Loading Trash Packer Bodies
CITY OF LUBBOCK, TEXAS
ITB #038 -04 -VK
In compliance with the Invitation to Bid #038 -04 -VK, 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 #038 -04 -VK is by reference incorporated in this contract. The Bid
Form must be completed in blue or black ink or by typewriter.
Unit Delivery
ITEM QTY of Total Unit Bid Price (Days)
Measure DESCRIPTION from Bidder's Attached After Receipt
Bid Pro sal of Bo
1. 1 Each Complete Repair and Refurbishment of one 1997 Pak
Mor municipal solid waste 33 cubic yard side -loading
trash packer body compactor identified as unit #168 $
using only new replacement parts per Spec #NV -SW -15.
1.-A 1 Each ALTERNATE BID - Complete Repair and Refurbishment of
one 1997 Pak -Mor municipal solid waste 33 cubic yard
side -loading trash packer body compactor identified as S
unit #168 using re -built replacement parts per Spec
#NV -SW -15.
2. 1 Each Complete Repair and Refurbishment of one 1994 Pak -
Mor municipal solid waste 33 cubic yard side -loading
trash packer body compactor identified as unit #1113 $
using only new replacement parts per Spec #NV -SW -15.
2.-A 1 Each ALTERNATE BID - Complete Repair and Refurbishment of
one 1994 Pak -Mor municipal solid waste 33 cubic yard
side -loading trash packer body compactor identified as $
unit #1113 using re -built replacement parts per Spec
#NV -SW -15.
*PRICE: F.O.B. City of Lubbock Municipal Garage - Lubbock, Texas
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of _
will not be considered in determining low bid. Unless otherwise indicated on the Bid Form calendar days. Discounts
be NET
THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or afterayment termsl 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.
THIS BID IS SUBMITTED BY
a corporation organized under the laws
of the State of orapartnership consisting of
or individual trading as
City:
M/WBE Firm:
Woman
of the City of
State: Zip
WLaf-R Nmencan I I Native American
American Asian Pacific AmericanI IOther (Soecifvi
By
Authorized Representative - must sign by hand Date:
Officer Name and
Please Print
Business Telephone Number
FAX:
RETURN COMPLETED ft SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME
AND ADDRESS.
ncnr-o r A%.n UWLti5GES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA
#1 #2 #3 #4 #5 (Please Initial)
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the
municipality or be interested in the sate 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,
ITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL,
AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBM
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 witl 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.
Authorized Signature
Title
Print/Type Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
031TBVehicleBV.doc
ITB #038 -04 -VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
SUBMIT T0:
CITY OF LUBBOCK
PURCHASING DEPARTMENT
// CITY OF LUBBOCK, TEXAS
1625 13TH STREET, RM L04
(!
LUBBOCK, Tx 7940, 3x30
CONTACT
AN EQUAL INVITATION TO BID
PERSON:
OPPORTUNITY
Victor Ki Iman
EMPLOYER #038-04—VK
0 � � � 04 ��
TEL: 806.775.2167
Y/�
FAX: 806.775.2164
http://purchasing.ci.Lubbock.tx.us
TITLE:
Repair and Refurbishment of Side LoadingTrash Packer Bodies SUBMITTAL DEADLINE:
March 16, 2004, 3:00 P.M. CST
PRE BID DATE, TIME AND LOCATION:
Any bids received after the time and date listed
above, regardless of the mode of delivery, shall
RESPONDENT NAME:
be returned unopened.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB
MAILING ADDRESS:
NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY
NAME AND ADDRESS.
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN
CITY -STATE -ZIP:
THE "STATEMENT OF NO BID".
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE
TELEPHONE NO:
COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO
ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE
CITY.
FAX NO:
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY
TO
E-MAIL:
ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY
LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF,
INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS
ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN
FEDERAL TAX ID NO. OR SOCIAL SECURITY N0. WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER
TIJr �Innrn .
THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
ncnr-o r A%.n UWLti5GES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA
#1 #2 #3 #4 #5 (Please Initial)
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the
municipality or be interested in the sate 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,
ITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL,
AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBM
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 witl 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.
Authorized Signature
Title
Print/Type Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
031TBVehicleBV.doc
ITB #038 -04 -VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
BID FORM
Repair and Refurbishment of Side Loading Trash Packer Bodies
CITY OF LUBBOCK, TEXAS
ITB #038 -04 -VK
In compliance with the Invitation to Bid #038 -04 -VK, 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 #038.04 -VK is by reference incorporated in this contract. The Bid
Form must be completed in blue or black ink or by typewriter.
Unit
Delivery
ITEM QTy of
Measure
Total Unit Bid Price
DESCRIPTION from Bidder's Attached
(Days)
After Receipt
1. 1 Each
Bid Pro oral
Complete Repair and Refurbishment of one 1997 Pak
of So
-
Mor municipal solid waste 33 cubic yard side -loading
trash packer body compactor identified as unit #168. $
2. 1 Each
Complete Repair and Refurbishment of one 1994 Pak
Mor municipal solid waste 33 cubic yard side -loading
trash packer body compactor identified as unit #1113. $
*PRICE: F.O.B. City of Lubbock Municipal Garage - Lubbock, Texas
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of _
will not be considered in determining low bid. Unless otherwise indicated on the Bid Form calendar days. Discounts
be NET
THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or fterPayment terms wil 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.
THIS BID IS SUBMITTED BY
of the State of
or individual trading as
or a partnership consisting of
corporation organized under the laws
of the City of
City: State: Zip
M/WBE Firm: Woman Black American
H�sparnc Amencan Asian Pacific An
By
Authorized Representative - must sign by hand
Officer Name and
Please Print
Business Telephone Number
FAX:
Native American--�
FOR CITY USE ONLY
Bid Form Item Number(S) Awarded to Above Named Firm/ Individual:
Date of Award by City Council (for bids over $25,000): Date P.O. /Contract Issued:
RETURN COMPLETED ft SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND
ADDRESS.
031TBVehicleBV.doc
ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
Repair and Refurbishment of Side Loading Trash Packer Bodies
CITY OF LUBBOCK, TEXAS
ITB #038-04-VK
THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD
FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND
ATTACHED SPECIFICATIONS.
I. INSTRUCTIONS TO BIDDERS
BID DELIVERY, TIME £t DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Repair
and Refurbishment of Side Loading Trash Packer Bodies per the attached
specifications. Seated bids will be received no later than 3:00 P.M. p.m. CST, March 16,
2004, if date/time stamped on or before 3:00 P.M. at the office listed below. Any bid
received after the date and hour specified will be rejected and returned unopened to
the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED
ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER:
"ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies"
AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR
COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER.
Bids must be addressed to:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13th Street, Room L-04
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing
Department. Mailing of a bid does not ensure that the bid will be delivered on time or
delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some
sort of delivery service that provides a receipt. The City of Lubbock assumes no
responsibility for errant delivery of bids, including those relegated to a courier agent
who fails to deliver in accordance with the time and receiving point specified.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by
private courier service. No bids will be accepted by oral communication, telephone,
electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL
NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by
typewriter.
1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids.
Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made
before bid closing must be initiated by bidder guaranteeing authenticity.
1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids
through an addendum.
2 PRE -BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions,
and issuing addenda as needed for the clarification of the Invitation to Bid (ITB)
documents, a pre -bid meeting will be held at 9:00 a.m., March 9, 2004, in Fleet
Services Conference Room at the City Garage, 206 Municipal Drive, Lubbock, Texas. All
persons attending the conference will be asked to identify themselves and the
prospective bidder they represent.
031TBVehic1eBV.doc
ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not
mandatory. The City will not be responsible for providing information discussed at the
pre -bid meeting to bidders who do not attend the pre -bid meeting.
2.3 The City of Lubbock does not discriminate against person with disabilities. City of
Lubbock pre -bid meetings are available to all persons regardless of disability. If you
would like information made available in a more accessible format or if you desire
assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street,
(806)775-2018 at least forty-eight (48) hours in advance of the conference.
CLARIFICATION OF REQUIREMENTS
3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive
bids. It is the bidder's responsibility to advise the City of Lubbock Purchasing Manager
if any language, requirements, etc., or any combinations thereof, inadvertently
restricts or limits the requirements stated in this ITB to a single source. Such
notification must be submitted in writing and must be received by the Purchasing
Manager no later than five (5) business days prior to the bid closing date. A review of
such notifications will be made.
3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS
INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5)
BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13th Street
Lubbock, Texas 79401
Fax: (806) 775-2164
Email: vkilman@mylubbock.us
4 ADDENDA a MODIFICATIONS
4.1 Any changes, additions, or clarifications to the ITB are made by bid amendments
(addenda).
4.2 Any bidder in doubt as to the true meaning of any part of the specifications or other
documents may request an interpretation thereof from the Purchasing Department. At
the request of the bidder, or in the event the Purchasing Department deems the
interpretation to be substantive, the interpretation will be made by written ADDENDA
issued by the Purchasing Department. Such addenda issued by the Purchasing
Department will be sent to all bidders who are known to have received a copy of the
original Invitation to Bid (ITB) and will become part of the bid package having the same
binding effect as provisions of the original ITB. No verbal explanations or
interpretations will be binding. In order to have a request for interpretation considered,
the request must be submitted in writing and must be received by the City of Lubbock
Purchasing Department no later than five (5) days prior to the bid closing date.
4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing.
The City of Lubbock shalt not be legally bound by any amendment or interpretation that
is not in writing. Only information supplied by the City in writing or in this ITB should
be used in preparing bid responses. All contacts that a bidder may have had before or
after receipt of this ITB with any individuals, employees, or representatives of the City
and any information that may have been read in any news media or seen or heard in
any communication facility regarding this bid should be disregarded in preparing
responses.
031TBVehicleBV.doc 6
ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
4.4 The City does not assume responsibility for the receipt of any addendum sent to
bidders.
5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
5.1 Each bidder shalt carefully examine all ITB documents and thoroughly familiarize itself
with all requirements prior to submitting a bid to ensure that the goods and/or services
being bid meet the intent of these specifications.
5.2 Before submitting a bid, each bidder shall be responsible for making all investigations
and examinations that are necessary to ascertain conditions and requirements affecting
the requirements of this Invitation to Bid. Failure to make such investigations and
examinations shall not relieve the bidder from obligation to comply, in every detail,
with all provisions and requirements of the Invitation to Bid.
6 BID SUBMITTAL
6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE
PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT
THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO
SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. SHOULD YOU CHOOSE NOT TO
BID, FAILURE TO RETURN THE FORM STATING YOUR REASON FOR NOT BIDDING BEFORE
THE RESPONSE DUE DATE/TIME MAY RESULT IN REMOVAL OF YOUR FIRM FROM THE
BIDDERS LIST.
6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in
the space provided. BID SUBMITTALS MUST INCLUDE PAGE 1 OF THE ITB, THE BID FORM,
THE NEW EQUIPMENT SERVICE QUESTIONNAIRE, DETAILED WARRANTY INFORMATION FOR
THE MANUFACTURER'S WARRANTY AND DETAILED WARRANTY INFORMATION FOR THE
MANUFACTURER'S EXTENDED WARRANTY, AND THE ATTACHED SPECIFICATIONS. Identify
the item bid, including brand name and model number, if applicable. Enter unit price,
extended cost, and delivery days in the columns provided. In the event of
discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE
COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER.
6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX
MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the
Purchasing Manager upon request.
6.4 Any information regarding warranties and/or maintenance agreements pertaining to
said bid item(s) are to be included in the bid.
6.5 Bids will not be considered unless bid F.O.B. delivered and include at[ delivery and
Packaging costs. The number of calendar days required to place the materials in the
City's receiving point under normal conditions must be shown on the Bid Form. DO NOT
quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate
Bidder to complete delivery in two weeks. A minimum of five days better delivery will
automatically break a tie bid. Unrealistically short or undue long delivery promises may
cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises
without a valid reason may cause removal from the bid list.
6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price
increases will not be considered.
6.7 Alt bids, responses, inquiries, or correspondence relating to or in reference to this ITB,
and all reports, charts, and other documentation submitted by bidders shalt become the
property of the City of Lubbock when received.
031TBVehicleBV.doc 7
ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
6.8 If there is any additional charges of any kind, other than those mentioned above,
specified or unspecified, offeror MUST indicate the items required and attendant costs
or forfeit the right to payment for such items.
6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING
DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
7 BID PREPARATION COSTS
7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs
incurred in the preparation and submission of a bid. Also, should a bidder bid an
alternate, any test costs to prove equality of product will be at the expense of the
bidder, not the City of Lubbock.
7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for
any services or equipment.
7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
8.1 If you consider any portion of your bid to be privileged or confidential by statute or
judicial decision, including trade secrets and commercial or financial information,
clearly identify those portions.
8.2 The City of Lubbock will honor your notations of trade secrets and confidential
information and decline to release such information initially, but please note that the
final determination of whether a particular portion of your bid is in fact a trade secret
or commercial or financial information that may be withheld from public inspection will
be made by the Texas Attorney General or a court of competent jurisdiction. In the
event a public information request is received for a portion of your bid that you have
marked as being confidential information, you will be notified of such request and you
will be required to justify your legal position in writing to the Texas Attorney General
pursuant to Section 552.305 of the Government Code. In the event that it is
determined by opinion or order of the Texas Attorney General or a court of competent
jurisdiction that such information is in fact not privileged and confidential under
Section 552.110 of the Government Code and Section 252.049 of the Local Government
Code, then such information will be made available to the requester.
8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the
Texas Open Records Act.
9 LICENSES, PERMITS, TAXES
9.1 The price or prices for the work shall include full compensation for all taxes, permits,
etc. that the bidder is or may be required to pay.
10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS
10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered
into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded
equal opportunities to submit bids and will not be discriminated against on the grounds
of race, color, sex, disability, or national origin in consideration of an award.
10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled
by one or more socially and economically disadvantaged individuals, or in the case of
any publicly owned business, at least 51% of the stock of which is owned by one ore
more socially and economically disadvantaged individuals. Socially and economically
disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans,
Asian -Pacific Americans, and Asian -Indian Americans.
031TBVehicleBV.doc
ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
11 CONFLICT OF INTEREST
11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any
business arrangement with any employee, official or agent of the City of Lubbock.
11.2 By signing and executing this bid, the bidder certifies and represents to the City the
bidder has not offered, conferred or agreed to confer any pecuniary benefit or other
thing of value for the receipt of special treatment, advantage, information, recipient's
decision, opinion, recommendation, vote or any other exercise of discretion concerning
this bid.
12 AUTHORIZATION TO BIND SUBMITTER OF BID
12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by
an officer of the company authorized to bind the submitter to its provisions. Person
signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure
to manually sign bid will disqualify it.
12.2 The bid submitted by the bidder shall become an integral part of the contract between
the City and the Bidder and the representations, covenants, and conditions therein
contained shall be binding upon the person, firm or corporation executing the same.
13 BID AWARD
13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder
who provides goods or services at the best value for the City of Lubbock. In determining
the best value for the City of Lubbock, the City may consider:
a) The purchase price;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City; and
h) Any relevant criteria specifically listed in the Invitation to Bid.
13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular
item on a bid, and to waive immaterial formalities and to accept the offer most
advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified
herein, the City may award the bid for any item or group of items shown on the Bid
Form.
13.3 All bids are evaluated for compliance with specifications before the bid price is
considered. Failure to comply with the listed General Conditions may result in
disqualification of bid.
13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued
tie bidding on any commodity could be cause for rejection of bids by the City of
Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust
violations.
13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid
must be lower than lowest bid submitted by a responsible Texas bidder by the same
margin or amount that a Texas bidder would be required to underbid the nonresident
bidder in the nonresident bidders' home state.
13.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall
be entered into the State of Texas and under the laws of the State of Texas. In
connection with the performance of work, the Bidder agrees to comply with the Fair
Labor Standard Act, Equal Opportunity Employment Act, and all other applicable
031TBVehicleBV.doc 9
ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
Federal, State, and Local taws, regulations, and executive orders to the extent that the
same may be applicable.
13.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER
FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF
THIS INVITATION TO BID.
13.7 Responsible Bidder Criteria: The City shall consider only responsible Bidders.
Responsible Bidders are those that have, in the sole judgment of the City, the financial
ability, experience, resources, skills, capability, reliability and business integrity
necessary to perform the requirements of the contract. The City may also consider
references and financial stability in determining a responsible Bidder.
14 EQUAL EMPLOYMENT OPPORTUNITY
14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other
terms and conditions of employment based on race, sex, national origin, age, disability,
or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as
permitted by said laws.
15 SPECIFICATIONS
15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive
and NOT restrictive, and are used to indicate type and quality level desired. Bids on
brands of like nature and quality may be considered unless specifically excluded.
15.2 If bidding on other than reference or specifications, bid must show manufacturer,
brand, trade name, catalog and/or lot number, etc., on article offered and certify
article offered is equivalent to specifications. If other than specified brand of items
are offered, specifications, catalog sheets, illustrations and complete descriptive
literature must be submitted with bid.
15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's
bid. The City of Lubbock specification committee will be the sole determiner of what
constitutes a minor deviation.
15.4 The City of Lubbock reserves the right to determine which specific items on any
specification requirements require strict adherence, or are most important, and those
that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far
less important than the horsepower of a motor). Such determination can and will be a
basis for evaluating, recommending and making award. The City will, at its sole
discretion, assess warranty offered, and utilize life -cycle costing and/or performance
factors as the evaluation method and basis for award. The low bid most closely
meeting specifications is usually the bid given the award, although delivery time is
sometimes a necessary factor (i.e., a low bid that best meets specifications will not do
us much good if delivery is two years from now). Should a requested specification sheet
not be submitted with a bid, this is considered non -responsive and therefore may not
be considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS
CAREFULLY.
16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
16.1 Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or
personal property that is not affixed to real property, if the City receives one or more
bids from a bidder whose principal place of business is in the City of Lubbock and whose
bid is within three percent (3%) of the lowest bid price received by the City from a
bidder who is not a resident of the City of Lubbock, the City may enter into a contract
with:
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(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the City of Lubbock if the City
Council determines, in writing, that the local bidder offers the City the best
combination of contract price and additional economic development opportunities
for the City of Lubbock created by the contract award, including the employment
of residents of the City of Lubbock and increased tax revenues to the City of
Lubbock.
16.2 In order to receive consideration, bidders must submit an Affidavit of Eligibility.
17 QUALIFICATIONS OF BIDDERS
17.1 The Bidder may be required before the award of any contract to show to the complete
satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the
necessary facilities, ability, and financial resources to provide the service specified
therein in a satisfactory manner. The Bidder may also be required to give a past history
and references in order to satisfy the City of Lubbock in regard to the Bidder's or his
Subcontractor's qualifications.
17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper
to determine the ability of the Bidder or his Subcontractor to perform the work, and
the Bidder shall furnish to the City of Lubbock all information for this purpose that may
be requested. The City of Lubbock reserves the right to reject any bid if the evidence
submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the
Bidder or his Subcontractor is properly qualified to carry out the obligations of the
contract and to complete the work described therein. Evaluation of the Bidder's or his
Subcontractor's qualifications shall include:
a) The ability, capacity, skill, and financial resources to perform the work or provide
the service required;
b) The ability of the Bidder or his Subcontractor to perform the work or provide the
service promptly or within the time specified, without delay or interference;
c) The character, integrity, reputation, judgment, experience, and efficiency of the
Bidder or his Subcontractor;
d) The quality of performance of previous contracts or services.
18 ANTI -LOBBYING PROVISION
18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS,
INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR
PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF
EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR
PRESENTATIONS, UNLESS REQUESTED BY THE CITY.
18.2 This provision is not meant to preclude bidders from discussing other matters with City
Council members or City staff. This policy is intended to create a level playing field for
all potential bidders, assure that contract decisions are made in public, and to protect
the integrity of the bid process. Violation of this provision may result in rejection of
the bidder's bid.
19 UTILIZATION OF LOCAL BUSINESS RESOURCES
19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local
business community. Bidders are strongly encouraged to explore and implement
methods for the utilization of local resources.
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20 PROTEST
20.1 All protests regarding the bid solicitation process must be submitted in writing to the
City Purchasing Manager within five (5) business days following the opening of bids. This
includes all protests relating to advertising of bid notices, deadlines, bid opening, and
all other related procedures under the Local Government Code, as well as any protest
relating to alleged improprieties with the bidding process.
This limitation does not include protests relating to staff recommendations as to award
of this bid. Protests relating to staff recommendations may be directed to the City
Council by contacting the Executive Assistant to the City Council.
All staff recommendations will be made available for public review prior to
consideration by the City Council as allowed by law.
20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF
ANY PROTEST.
21 INSURANCE
21.1 The successful bidder must have and maintain in effect insurance coverage and furnish
certificates of insurance showing the City as an additional insured, in duplicate form,
prior to the beginning of the contract. The City shall be named as an additional insured
on all such policies except Worker's Compensation.
21.2 The issuer of any policy shall have a Certificate of Authority to transact insurance
business in the State of Texas or have a Best's rating of at least B+ and a Best's Financial
Size Category of Class VI or better, according to the most current edition of Best's Key
Rating Guide, Property -Casualty United States.
21.3 Automobile Liability insurance shall be in at least the following amounts. Automobile
Liability Insurance for autos furnished or used in the course of performance of this
Contract including Owned, Non -owned, and Hired Auto coverage. (Any Auto coverage
may be substituted for Owned, Non -owned and Hired Auto coverage.) If successful
bidder owns no autos, coverage may be limited to Non -owned and Hired Autos. If
successful bidder cannot purchase Owned Auto coverage, Scheduled Auto coverage may
be substituted for Owned Auto coverage. EACH AUTO USED IN PERFORMANCE OF THIS
CONTRACT MUST BE COVERED IN THE LIMITS SPECIFIED - $500,000 Combined Single
Limit.
21.4 Garage Liability insurance shall be in at least the following amount: $500,000 Each
Accident.
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II. GENERAL CONDITIONS
**** PLEASE READ CAREFULLY ****
These General Conditions apply to all bids and become a part of the terms and conditions of any bid
submitted. The City shall mean the City of Lubbock.
Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City
reserves the right to increase, decrease or delete any or all items. If the quantities of materials to
be furnished are increased, such increase shall be paid for according to the unit prices established
for the item. In making its bid hereunder, the Setter expressly recognizes the rights of the City
provided herein, and further recognizes that the Setter shall have no claims against the City for
anticipated profits for the quantities called for, diminished or deleted.
Product Guarantee: Seller guarantees equipment or product offered will meet or exceed
specifications identified in this bid invitation. The Setter shalt, upon request, replace any
equipment or product proved to be defective and make any and all adjustments necessary without
any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the
requirements of the specifications, the Setter shall upon written request from the City, promptly
remove such equipment or product without any further expense to the City. SELLER FURTHER
REPRESENTS AND WARRANTS TO THE CITY THAT THE OCCURRENCE IN OR USE BY THE
EQUIPMENT OR PRODUCT CONTAINING COMPUTER CODE OF DATES ON OR AFTER JANUARY 1,
2000 ("MILLENNIAL DATES"), WILL NOT ADVERSELY AFFECT THE PERFORMANCE OF SUCH
EQUIPMENT OR PRODUCT WITH RESPECT TO DATE -DEPENDENT DATA, COMPUTATIONS, OUTPUT,
OR OTHER FUNCTIONS (INCLUDING, WITHOUT LIMITATION, CALCULATING, COMPARING, AND
SEQUENCING) AND THAT SUCH EQUIPMENT OR PRODUCT WILL CREATE, STORE, PROCESS, AND
OUTPUT INFORMATION RELATED TO OR INCLUDING MILLENNIAL DATES WITHOUT ERROR OR
OMISSIONS AND AT NO ADDITIONAL COST TO THE CITY. At the City's request, Setter wilt provide
evidence sufficient to demonstrate such equipment or product meets the foregoing.
3 Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase
release after each delivery. Invoices shall indicate the purchase order or purchase release number
and the supply agreement number if applicable. Invoices shall be itemized and transportation
charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when
applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box
2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Setter shall not be in
default under the terms of the contract, and until the above instruments are submitted after
delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD
PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR
SURCHARGES.
4 Delivery Delay: When delivery delay can be foreseen, the Setter shalt give prior notice to the
Purchasing Manager, who shall have the right to extend the delivery date if reasons for delay
appear acceptable. The Seller must keep the Purchasing Manager informed at all times of the
status of the order. Default in any manner under the contract, including, but not limited to default
on promised delivery, without acceptable reasons, or failure to meet specifications hereunder
authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and
handling to the defaulting Setter, and/or exercise any and all rights available to it by law, equity
and/or under the terms of the contract. Every effort will be made by the Purchasing Office to
locate the goods at the same or better price as than originally contracted.
5 Packaging: Seller will package goods in accordance with good commercial practice. Each shipping
container shall be clearly and permanently marked as follows: (a) Setters name and address. (b)
Consignee's name, address and purchase order or purchase release number and the supply
agreement number if applicable, (c) Container number and total number of containers, e.g., box 1
of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of
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packaging unless otherwise provided. Goods shall be suitably packed to secure lowest
transportation costs and to conform with requirements of common carriers and any applicable
specifications. The City's count or weight shall be final and conclusive on shipments not
accompanied by packing lists.
6 Delivery Time: Deliveries will be accepted only during receiving hours: 9:00 A.M. - 3:30 P.M.,
Monday through Friday, except on City holidays, at the designated location.
7 Damage: The City assumes no liability for goods delivered in damaged or unacceptable condition.
The Seller must handle all claims with carriers, and in case of damaged goods, shall ship
replacement goods immediately upon notification by the City.
8 No Warranty By The City Against Infringements: As part of the contract for sale, Setter agrees to
ascertain whether goods manufactured in accordance with the specifications attached to the
contract will give rise to the rightful claim of any third person by way of infringement of the like.
The City makes no warranty that the production of goods according to the specification will not
give rise to such a claim, and in no event shalt The City be liable to Seller for indemnification in the
event that Setter is sued on the grounds of infringement or the like. If Seller is of the opinion that
an infringement or the like will result, he will notify the City to this effect in writing within two
weeks after the signing of the contract. If the City does not receive notice and is subsequently held
liable for the infringement or the like, Setter will save The City harmless. if Seller in good faith
ascertains the production of the goods in accordance with the specifications will result in
infringement or the like, the contract shalt be null and void.
9 Material Safety Data Sheets: Seller shall provide Material Safety Data Sheets (MSDS) for all
chemicals to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D,
Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF
1910.1200, which is generally known as the Right to Know Law.)
10 Shipment Under Reservation Prohibited: Setter is not authorized to ship the goods under reservation
and no tender of a bill of lading will operate as a tender of goods.
11 Title a Risk Of Loss: The title and risk of loss of the goods shall not pass to the City until the City
actually receives and takes possession of the goods at the point or points of delivery as provided
herein.
12 No Replacement of Defective Tender: Every tender of delivery of goods must fully comply with all
provisions of the contract as to time of delivery, quality and the like. If a tender is made which
does not fully conform, this shalt constitute a breach of the contract and Setter shall not have the
right to substitute a conforming tender, provided, where the time for performance has not yet
expired, the Setter may reasonably notify the City of his intention to cure and may then make a
conforming tender within the Contract time but not afterward.
13 Gratuities: The City may, by written notice to the Setter, cancel the contract or purchase order
without liability to Setter if it is determined by the City that gratuities, in the form of
entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or
representative of the Seller, to any officer or employee of the City of Lubbock with a view toward
securing a contract or securing favorable treatment with respect to the awarding or amending, or
the making of any determinations with respect to the performing of such a contract. In the event
the Contract is canceled by the City pursuant to this provision, the City shalt be entitled, in
addition to any other rights and remedies, to recover or withhold the amount of the cost incurred
by Seller in providing such gratuities.
14 Special Tools £t Test Equipment: if the price stated on the face hereof includes the cost of any
special tooling or special test equipment fabricated or required by Seller for the purpose of filing
this order, such special tooling or equipment and any process sheets related thereto shall become
the property of the City and to the extent feasible shalt be identified by the Seller as such.
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15 Warranty -Price: a. The price to be paid by the City shalt be that contained in Sellers bid which
Seller warrants to be no higher than Seller's current prices on orders by other parties for products of
the kind and specification covered by the contract for similar quantities under similar or like
conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the
items shalt be reduced to the Seller's current prices on orders by other, or in the alternative. The
City may cancel the contract without liability to Setter for breach or Seller's actual expenses. b.
The Seller warrants that no person or selling agency has been employed or retained to solicit or
secure the contract upon an agreement or understanding for commission, percentage brokerage, or
contingent fee excepting bona fide employees of bona fide established commercial or selling
agencies maintained by the Seller for the purpose of securing business. For breach or violation of
this warranty the City shall have the right in addition to any other right or rights to cancel the
contract without liability and to deduct from the Contract price, or otherwise recover the full
amount of such claimed commission, percentage, brokerage, or contingent fee.
16 Safety Warranty: Setter warrants that the product sold to the City shalt conform to the standards
promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of
1970 and/or any other governmental agency standards or regulations. In the event the product
does not conform to each OSHA or other standards, Setter shall be in default hereunder, and the
City may exercise and of the remedy provided for herein, including but not limited to return of the
product for correction or replacement at the Sellers expense. in the event Setter fails to make the
appropriate correction within a reasonable time, correction made by the City will be at the Setters
expense
17 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting
them.
18 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered
portion of this order if Setter breaches any of the terms hereof including warranties of Setter or if
the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right
to cancellation is in addition to and not in lieu of any other remedies which the City may have in
law, equity or hereunder.
19 Termination: the City may terminate the contract or purchase order in whole, or in part.
Termination hereunder shalt be effected by the delivery to the Seller of a "Notice of Termination"
specifying the extent to which the contract or purchase order is terminated and the date upon
which such termination becomes effective. In the event of said termination, in whole or in part,
provided that Setter shall not be in default under the Contract, the Setter shalt be entitled to
payment only for goods actually delivered, and/or services actually performed under and in
compliance with the terms of the contract or purchase order.
20 Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the
fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts,
acts of God, or public enemy, fire, or flood.
21 Assignment -Delegation: No right or interest in the contract shalt be assigned or delegation of any
obligation made by Setter without the written permission of the City. Any attempted assignment or
delegation by Setter shall be wholly void and totally ineffective for all purposes unless made in
conformity with this paragraph.
22 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in
part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported
by consideration and is in writing signed by the aggrieved party.
23 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance
provided by the City in its advertisement for bids and any other document provided by Setter as
part of his bid, is intended by the parties as a final expression of their agreement and is intended
also as a complete and exclusive statement of the terms of their agreement. Whenever a term
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defined by the Uniform Commercial Code is used in the contract, the definition contained in the
Code is to control.
24 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the
term "Uniform Commercial Code" is used, it shalt be construed as meaning the Uniform Commercial
Code as adopted in the State of Texas as effective and in force on the date of the contract.
25 Right To Assurance: Whenever one party to the contract in good faith has reason to question the
other party's intent to perform he may demand that the other party give written assurance of this
intent to perform. In the event that a demand is made and no assurance is given within five (5)
days, the demanding party may treat this failure as an anticipatory repudiation of the Contract.
26 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents,
officials and employees, against all injuries, deaths, toss, damages, claims, patent claims, suits,
liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in
consequence of the granting of the contract or which may anywise result there from, whether or
not it shalt be alleged or determined that the act was caused through negligence or omission of the
Setter or its employees, or of the subcontractor or assignee or its employees, if any, and the Setter
shalt, at his own expense, appear, defend and pay all charges of attorneys and all costs and other
expenses arising there from or incurred in connection therewith, and, if any judgment shalt be
rendered against the City in any such action, the Setter shall, at its own expenses, satisfy discharge
the same. Seller expressly understands and agrees that any bond required by the contract, or
otherwise provided by Setter, shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the City as herein provided.
27 Nonappropriation: All funds for payment by the City under this contract are subject to the
availability of an annual appropriation for this purpose by the City. In the event of
nonappropriation of funds by the City Council of the City of Lubbock for the goods or services
provided under the contract, the City will terminate the contract, without termination charge or
other liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this contract is spent, whichever event
occurs first. If at any time funds are not appropriated for the continuance of this contract,
cancellation shalt be accepted by the Seller on thirty (30) days prior written notice, but failure to
give such notice shall be of no effect and the City shall not be obligated under this contract beyond
the date of termination.
28 Time: It is hereby expressly agreed and understood that time is of the essence for the performance
of the contract, and failure by Setter to meet the time specifications of the contract will cause
Seller to be in default of the contract.
29 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent
omission from it of a detailed description concerning any point, shall be regarded as meaning that
only the best commercial products and practices are to prevail and that only material and
workmanship of the finest quality are to be used. All interpretations of the specifications in this bid
shall be made on the basis of this statement. The items furnished under this contract shall be new,
unused, of the latest product in production to commercial trade, and shall be of the highest quality
as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design
and construction of such items and shall be an established supplier of the item bid
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SPECIFICATIONS FOR EQUIPMENT
GENERAL INFORMATION, REQUIREMENTS AND CONDITIONS
SCOPE
The specifications attached are for automobiles, trucks and industrial equipment required by the City
of Lubbock. Bids shall meet or exceed the minimum requirements for the equipment described by the
specification attached. All inquiries made concerning the specifications shall be made to the
Purchasing Manager or his designee. Although it is not a requirement for quotation, vendors are
strongly encouraged to attend the scheduled pre -bid meeting covering the equipment specified.
APPLICABLE SPECIFICATIONS STANDARDS RULES AND REGULATIONS
Automobiles and trucks shall meet or exceed the minimum requirements of the specification and all
applicable requirements of Federal Motor Vehicle Safety Standards (Public Law 89-563). All
requirements of these specifications shalt be met unless they are in conflict with the applicable Federal
Motor Vehicle Standards.
Equipment furnished for the specification shall meet all applicable requirements of the Environmental
Protection Agency's Exhaust Emission Standards (940 CFR 85) as issued under authority of the Clean Air
Act, as amended, (42 USC 1857, et seq,). It shall be the responsibility to the vendor to ensure that the
equipment furnished meets the most recent requirements of all applicable laws. In the event
equipment is furnished that is not in compliance with the law, it shall be the responsibility of the
vendor to make all necessary modifications to the equipment required to achieve compliance with
these laws.
Automobiles and trucks furnished to this specification shall be provided with tamps, signals and
reflectors as specified in the Texas "Uniform Act Regulating Traffic on Highways", (VTCS 6701d as may
be amended, modified, and/or codified).
Vehicles, including station wagons designed or used primarily for the transportation of persons, that
have a wheelbase longer than 113 inches or that have more than 145 SAE net horsepower, may not be
furnished to this specification (Section 3.29, Article 601b, VTCS as may be amended, modified and/or
codified). This provision does not apply to the purchase or lease of vehicles used primarily for criminal
law enforcement, or a bus, motorcycle, pickup, van, truck, three -wheel, tractor, or ambulance.
Reference to specifications, standards, and test methods shall be to those in effect on the date of the
Invitation for Bids. The following publications form a part of this specification to the extent specified
herein:
ASTM Standards - American Society for Testing and Materials, 1916 Race Street, Philadelphia,
Pennsylvania 19103:
ASTM A 606 - Standard Specification for Steel sheet and Strip, Hot -Rolled and Cold Rotted, High
Strength, Low -Alloy, with improved Corrosion Resistance.
ASTM A 607 - Standard Specification for Steel Sheet and Strip, Hot -Rolled and Cold -Rotted, High
Strength, Low -Alloy Columbium and Vanadium.
Federal Publications - Superintendent of Documents, U.S. Government Printing Office, Washington D.C.
20402.
FMVSS - Federal Motor Vehicle Safety Standards (Public Law 89-563):
(a) No. 108 - Lamps, Reflective Devices, and Associated Equipment.
(b) No. 209 - Seat Belt Assemblies for Passenger Cars, Multipurpose Passenger Vehicles,
Trucks, and Buses.
(c) No. 210 - Seat Belt Assembly Anchorage's - Passenger Cars, Multipurpose Passenger
Vehicles, Trucks, and Buses.
(d) No. 301-75 - Fuel System Integrity.
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Federal Standards:
(a) No. 595 - Colors
CFR - Code of Federal Regulations, Title 40, Part 85 - Control of Air Pollution from New Motor Vehicles
and New Motor Vehicle Engines, Environmental Protection Agency.
DOT - Department of Transportation, Title 49, Part 393 - Liquid fuel Systems of Commercial Motor
Vehicles, Certification of Fuel Tank.
OSHA - Occupational Safety and Health Administration - Construction Safety and Health Regulations
Section 1926.601 - Motor Vehicles.
SAE - Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096:
J377 - SAE Standard - Performance of Vehicle Traffic Horns.
TBEA - Truck Body Equipment Association, 5530 Wisconsin Avenue, Suite 120, Washington D.C. 20015:
VTCS - Vernon's Texas Civil Statutes - West Publishing Company, P.O. Box 2239, Kansas City, Missouri
64142:
VTCS - 670td, as may be amended, modified, and/or codified - Uniform Act Regulating Traffic on
Highways.
GENERAL INFORMATION AND REQUIREMENTS
The vehicles furnished under this specification shalt be current production models and shalt be of good
quality workmanship and material. The bidder represents that all units offered under this specification
shall meet or exceed the minimum requirements specified for each vehicle series listed.
Successful bidders shall furnish automobiles and trucks equipped exactly as listed for makes and models
in this specification and with any other requirements specified in the Invitation for Bids. The vehicles
shalt be completely assembled, serviced, adjusted, and all equipment including standard and optional
equipment shall be installed and the units made ready for continuous operation. Standard equipment
means those components and accessories usually and ordinarily furnished without additional cost on
regular production models. Each vehicle must be supplied with an owner/operator manual. Bids are
to include unit pricing for one set of manufacturer's repair, parts and service manuals (hard copy
and on CD Computer Disk).
No equipment mounted on trucks shall, under any circumstances be welded to the vehicle at any point
between the front of the front spring hanger and the rear of the rear spring hanger. Also, all holes for
bolting must be drilled in the accepted manner and the burning of said holes shalt not be acceptable
under any condition. Further, no holes shalt be drilled in top or bottom flange of truck frame unless
drilling is confined to the section behind the rearmost attachment of the rear spring hangers. Welding
or torch cutting shall be confined to "boxing" the rear end of truck frame (as required for dump
equipment to allow full dumping angle). All such work shall be confined to area behind rear spring
hangers. Mounting strip between hoist subframe of dump body and truck frame may have flame cut
holes to countersink rivets on truck frame. Chassis frame rivets shall not be removed or cut flush with
frame for any reason.
Quantities, color, mounting and other requirements for lamps, signals, and reflectors shall be as
specified for vehicles by Federal Motor Vehicle Safety Standard No. 108.
Reflectors and clearance, side -marker and identification tamps for vehicles requiring same shalt also
meet the following requirements. Reflectors must be housed type with screw or bolt type mounting.
Stick -on type is not acceptable. Surface -mounted clearance and side -marker lamps must be metal
armored type. Recess mounted side -marker and clearance lamps must be recessed sufficiently to
provide protection for the lens. Lenses for side -marker and clearance lamps shalt be secured to the
lamp by a fastening method which requires a toot to remove the lens.
All electrical wiring shalt be insulated and enclosed in a fibrous loom, plastic loom, or flexible conduit
for protection from external damage and short circuits. It shalt be securely fastened at sufficient
intervals to prevent sagging and insure clearance of mechanical parts. Routing of the wiring through
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the cab, frame, body, compartment box, and the like shall be placed in such a manner so as not to
interfere with normal operation and use, or present a safety hazard.
Tires shall be of the type of construction specified under the applicable specification or General
Requirements for each series. All tires shalt be new and the tread style furnished shall be the tire
manufacturer's standard design for original equipment line of tires unless otherwise specified in the
specifications. All tires shalt be of the quality known as "Original Equipment Line". All tires and
wheels shalt be property balanced prior to delivery of the unit.
Motorized vehicles shall be delivered with not less than one quarter (1/4) tank of fuel.
Highway legal vehicles required to display a State of Texas, Department of Public Safety, inspection
sticker, shall be furnished with same at time of delivery to the City. Vehicles qualifying for a two-year
inspection sticker shalt be furnished with the two-year version.
Vehicles equipped with muttiple-piece rims will not be accepted.
Calcium hybrid type batteries shall be standard equipment on all equipment furnished as per the
attached specification.
Each vehicle, except cab and chassis units, shalt be furnished with means and adequate space for
attaching the rear license plate, without modifications. Illumination for the license plate shall be
provided to meet Texas Department of Public Safety requirements. It shall be the responsibility to the
vendor who installs the bed or body on the equipment to ensure that this requirement is met as stated
above.
Each vehicle shall be equipped with a horn or horns meeting the requirements of SAE J377.
NOTE: Speedometer drive train must be properly calibrated in relation to axle ratio and tire size to
give accurate readings.
CERTIFICATION AND COMPLIANCE
Failure on the part of the bidder to comply with any and all requirements and conditions of this
specification may subject his bid to rejection. No exceptions to or deviations from this specification
will be considered unless each exception or deviation is specifically stated as a part of the bid. Any
exception must be specifically stated by the bidder as an exception with a detailed statement
completely defining the exception and/or exceptions. This detailed exception must be listed on the
specification in the space provided and on a separate sheet of paper, clearly labeled as an exception,
along with the item number of the exception and attached to the bid. The make and model number
must be shown on each bid, however, this information wilt not be sufficient evidence that the bidder is
making an exception. If no exceptions or deviations are shown, the bidder will be required to furnish
vehicles and equipment exactly as specified herein. The burden of proof of compliance with this
specification shall be the responsibility of the vendor.
Bidders must submit with their bids, or have on file with the City of Lubbock, the latest printed
Literature on equipment the bidder proposes to furnish. This literature shall include an engine chart
showing net horsepower, net torque, and other characteristics of the equipment quoted. The
specifications for each piece of equipment quoted shall be returned with the quote and shall be clearly
marked by each item on the specification. This document becomes a part of the evaluation process
and is required for this purpose.
TRADE-INS
If there is a trade-in, it is offered at the City of Lubbock's option, WHERE IS AND AS IS AND WITH ALL
FAULTS, and the Dealer must take possession at the location listed and remove the trade-in from City
of LubbocWs premises within 30 days from delivery date of new equipment, or within such time
otherwise dictated by the Contract.
The City of Lubbock makes no representation or warranty whatsoever about the condition of the trade-
ins listed, either expressed or implied and no agent or employee of the City of Lubbock is authorized to
make representation or warranty as to the condition of the trade-ins offered. The purchaser shall have
no claim against the City of Lubbock for the condition of trade-ins offered as a part to the quote.
031TBVeh1c1eBV.doc 19
ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
Therefore, bidders are urged to inspect the trade-in equipment offered as a part of the quotation.
Failure to do so, however, shalt not impair or affect any of the terms of this Contract.
WARRANTY AND SERVICE
The Dealer shall furnish the receiving agency a Manufacturer's Certificate of Origin (Certificate of Title
will not meet this requirement), a manufacturer's new vehicle warranty and a manufacturer's new
vehicle service contract that wilt be honored by any of the manufacturer's authorized contractors.
(The 1,000 mite inspection coupon is not required, unless otherwise specified in the Invitation for Bids).
Manufacturer's new vehicle warranty as offered to the general public shalt be furnished on all vehicles
delivered to the City of Lubbock. Manufacturer's Certificate of Origin shalt reflect the GVWR required
by: (a) The particular model specification: (b) The agency's written exception; or (c) A greater GVWR
required by extra equipment.
The Dealer shalt furnish a copy of the manufacturer's standard warranty on major accessories such as
dump, stake, platform and utility bodies, side-pak tool compartments, and toolboxes at the time of
delivery.
Delayed warranties are available on vehicles. Specifying them on the Invitation for Bids will give the
vendors advance notification of this requirement. Delays exceeding six (6) months are not acceptable.
Extended warranties available from manufacturer shall be offered and separately priced with
response to solicitation.
IMPORTANT: BIDDER MUST SUBMIT WITH THEIR BID DETAILED WARRANTY INFORMATION FOR THE
MANUFACTURER'S WARRANTY AND DETAILED WARRANTY INFORMATION FOR THE MANUFACTURER'S
EXTENDED WARRANTY.
FLEET COLOR CHARTS
When requested, the Bidder shalt furnish as a part of their bid, manufacturers standard "fleet" color
charts, showing interior and exterior colors available for the equipment quoted.
031TBVehicleBV.doc 20
ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
SPECIFICATIONS
for
Repair and Refurbishment of Side Loading Trash Packer Bodies
CITY OF LUBBOCK, TEXAS
ITB #038-04-VK
ITEM #1 on BID FORM: Complete Repair and Refurbishment of one 1997 Pak-Mor municipal solid waste
33 cubic yard side -loading trash packer body compactor identified as unit #168.
The City of Lubbock is seeking competitive bid proposals for the complete refurbishment of one 33 cubic
yard trash compactor owned by the City of Lubbock and operated by the Solid Waste Division. This unit
was originally placed into active service on July 22, 1997. The packer body was manufactured by Pak-Mor
in 1997.
Bidder must include with their bid a bid proposal itemizing costs for all time, labor, parts, and paint
necessary to bring the unit to a like -new condition meeting or exceeding the above stated Specifications
for Equipment and OEM standards. The proposal must include the removal of unit from its existing cab
and chassis and the installation of the repaired and refurbished unit onto a new (different) cab and chassis
provided by the City of Lubbock.
ITEM #2 on BID FORM: Complete Repair and Refurbishment of one 1994 Pak-Mor municipal solid waste
33 cubic yard side -loading trash packer body compactor identified as unit #1113.
The City of Lubbock is seeking competitive bid proposals for the complete refurbishment of one 33 cubic
yard trash compactor owned by the City of Lubbock and operated by the Solid Waste Division. The unit
was originally placed into active service on August 1, 1994. The Packer Body was manufactured by Pak-
Mor in 1994.
Bidder must include with their bid a bid proposal itemizing costs for all time, labor, parts, and paint
necessary to bring the unit to a like -new condition meeting or exceeding the above stated Specifications
for Equipment and OEM standards. The proposal must include the removal of unit from its existing cab
and chassis and the installation of the repaired and refurbished unit onto a new (different) cab and chassis
provided by the City of Lubbock.
NOTE: The above mentioned packer bodies are available for inspection at City of Lubbock Fleet Services,
Monday through Friday between the hours of 8:00 am and 3:30 pm. All inspections must be scheduled by
calling Fleets Services at 806.775.2176.
031TBVehideBV.doc 21
ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
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031TBVehicleBV.doc 22
ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
EQUIPMENT SERVICE QUESTIONNAIRE
1. What is the name and address of the nearest authorized service facility to `the City of Lubbock? If your
company does not own nearest service facility, please provide letter of assurance of service from said
facility.
2. , What is your total parts inventory for the proposed equipment?
3. How many technicians are employed at the nearest service facility?
4. How many field service technicians are available for on -site service?
5. What is the hourly tabor rate for shop labor?
6. What is the hourly tabor rate for field service labor?
7. What is the average response time that can be expected for a service call?
8. What is the average delivery time for parts not found in inventory?
9. Approximately how long will replacement parts be available for the proposed unit?
10. Explain the method for calculating the discount available for repair/replacement parts. (Show percent of
discount to be expected.)
11. Provide an explanation of the standard warranty coverage of the machine quoted. What is the process for
handling defective parts, quality of workmanship or poor quality of materials?
12. How many years has this particular machine been in production?
13. If the service facility is located outside the City of Lubbock, explain the process for performing (i)
warranty work, (ii) service not covered in the warranty, and (iii) service work after the warranty has
expired.
14. Who is liable for transportation expense should the unit require out of town service during the warranty
period?
15. Explain the method used to calculate the transportation expense of out of town service.
16. State in years the useful life and expected downtime of equipment quoted.
NOTE: RETURN THIS QUESTIONNAIRE ALONG WITH YOUR BID SUBMITTAL. YOUR RESPONSE TO THE
EQUIPMENT SERVICE QUESTIONNAIRE MAY BE A FACTOR IN DETERMINING THE LOWEST RESPONSIBLE BID
031TBVehicleBV.doc
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ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
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031TBVehic[eBV.doc 24
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ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
CITY OF LUBBOCK, TEXAS
STATEMENT OF NO BID
The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in
preparing and submitting bids to the city. If you do not intend to bid on this requirement, please
complete and return this form prior to date shown for receipt of bid to: Victor Kilman, Purchasing
Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457.
We, the undersigned, have declined to bid on your ITB # for the following reason(s):
Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain
reason below)
Specifications unclear. (Please explain below)
Insufficient time to respond to Invitation to Bid.
We do not offer this product/s or equivalent. (if you wish to remain on bidders list for other
commodities andlor services, please state particular product andlor service under which you
wish to be classified.)
Our product schedule would not permit us to perform.
Unable to meet specifications.
Job too large.
Job too small.
Cannot provide required bonding.
Cannot provide required insurance.
Bidding through dealer.
Do not wish to do business with the City of Lubbock. (Please explain below)
Other (Please specify below)
REMARKS:
Company Name:
Address:
City:
Contact Name:
Business Telephone Number
Internet Address:
Company's Internet Web Page URL:
State: Zip
Title:
FAX:
031TBVehic]eBV.doc
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031TBVehicleBV.doc 26
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ITB #038-04-VK, Repair and Refurbishment of Side Loading Trash Packer Bodies
City of Lubbock
Consideration of Location of Bidder's Principal Place of Business
Affidavit of Eligibility
Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not
affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in
the City of Lubbock and whose bid is within three percent (3%) of the lowest bid price received by the City from a
bidder who is not a resident of the City of Lubbock, the City may enter into a contract with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in
writing, that the local bidder offers the City the best combination of contract price and additional economic
development opportunities for the City of Lubbock created by the contract award, including the
employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock.
In order to receive consideration, bidders must submit this affidavit to:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13`h Street
Lubbock, TX 79401
Complete all areas below. Incomplete affidavits may be rejected.
Local Business Name:
Local Address (must be within the City limits):
1. Is the above address the principal place of business for the business named above?
2. How many residents of the City of Lubbock are employed at the above business location?
3. Year your business was established in the City of Lubbock:
4. For transactions that require sales tax, provide the following Reseller information:
Reseller Permit Number:
Company Name and Address (as it appears on permit):
Does your business have more than one office in the State of Texas? Yes No
If Yes, identify the office location considered as the point -of sale credit for sales tax purposes:
6. Was the local business required to pay business and/or real property tax for the most recent tax year?
Yes No
If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No
Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged
that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for
eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) year.
Authorized Signature:
Printed Name and Title:
Date:
031TBVehicleBV.doc 27
ITB #041-04/RS, Concrete -Annual Pricing
Concrete -Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB #041-04/RS
THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD
FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND
ATTACHED SPECIFICATIONS.
I. INSTRUCTIONS TO BIDDERS
BID DELIVERY, TIME Et DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Concrete -
Annual Pricing per the attached specifications. Sealed bids will be received no later
than 2:00 p.m. CST, April 7, 2004, if date/time stamped on or before 2:00 p.m. at the
office listed below. Any bid received after the date and hour specified will be rejected
and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION
MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER
LEFT-HAND CORNER: "ITB #041-04/RS, CONCRETE -ANNUAL PRICING" AND THE BID
OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND
ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be
addressed to:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13th Street, Room L-04
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing
Department. Mailing of a bid does not ensure that the bid will be delivered on time or
delivered at alt. If bidder does not hand deliver bid, we suggest that he/she use some
sort of delivery service that provides a receipt. The City of Lubbock assumes no
responsibility for errant delivery of bids, including those relegated to a courier agent
who fails to deliver in accordance with the time and receiving point specified.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by
private courier service. No bids will be accepted by oral communication, telephone,
electronic mail, telegraphic transmission, or telefacsimite transmission. THE CITY WILL
NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by
typewriter.
1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids.
Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made
before bid closing must be initiated by bidder guaranteeing authenticity.
1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids
through an addendum.
2 PRE -BID MEETING --DELETED
CLARIFICATION OF REQUIREMENTS
3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive
bids. It is the bidder's responsibility to advise the Citv of Lubbock Purchasing Manager
if any language requirements, etc., or any combinations thereof, inadvertently
restricts or limits the requirements stated in this ITB to a single source. Such
notification must be submitted in writing and must be received by the Purchasing
Manager no later than five (5) business days prior to the bid closing date. A review of
such notifications will be made.
041-04RS.doc 5
ITB #041-04/RS, Concrete -Annual Pricing
3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS
INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5)
BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Ron Shuffield, Senior Buyer
City of Lubbock
1625 13th Street
Lubbock, Texas 79401
Fax: (806) 775-2164
Email: rshuffield@mylubbock.us
4 ADDENDA Et MODIFICATIONS
4.1 Any changes, additions, or clarifications to the ITB are made by bid amendments
(addenda).
4.2 Any bidder in doubt as to the true meaning of any part of the specifications or other
documents may request an interpretation thereof from the Purchasing Department. At
the request of the bidder, or in the event the Purchasing Department deems the
interpretation to be substantive, the interpretation will be made by written ADDENDA
issued by the Purchasing Department. Such addenda issued by the Purchasing
Department will be sent to all bidders who are known to have received a copy of the
original Invitation to Bid (ITB) and will become part of the bid package having the same
binding effect as provisions of the original ITB. No verbal explanations or
interpretations will be binding. In order to have a request for interpretation considered,
the request must be submitted in writing and must be received by the City of Lubbock
Purchasing Department no later than five (5) days prior to the bid closing date.
4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing.
The City of Lubbock shall not be legally bound by any amendment or interpretation that
is not in writing. Only information supplied by the City in writing or in this ITB should
be used in preparing bid responses. All contacts that a bidder may have had before or
after receipt of this ITB with any individuals, employees, or representatives of the City
and any information that may have been read in any news media or seen or heard in
any communication facility regarding this bid should be disregarded in preparing
responses.
4.4 The City does not assume responsibility for the receipt of any addendum sent to
bidders.
EXAMINATION OF DOCUMENTS AND REQUIREMENTS
5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself
with all requirements prior to submitting a bid to ensure that the goods and/or services
being bid meet the intent of these specifications.
5.2 Before submitting a bid, each bidder shall be responsible for making all investigations
and examinations that are necessary to ascertain conditions and requirements affecting
the requirements of this Invitation to Bid. Failure to make such investigations and
examinations shall not relieve the bidder from obligation to comply, in every detail,
with all provisions and requirements of the Invitation to Bid.
6 BID SUBMITTAL
6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE
PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT
THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO
SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. SHOULD YOU CHOOSE NOT TO
BID, FAILURE TO RETURN THE FORM STATING YOUR REASON FOR NOT BIDDING BEFORE
041-04RS.doc 6
ITB #041-04/RS, Concrete -Annual Pricing
THE RESPONSE DUE DATE/TIME MAY RESULT IN REMOVAL OF YOUR FIRM FROM THE
BIDDERS LIST.
6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in
the space provided. Identify the item bid, including brand name and model number, if
applicable. Enter unit price, extended cost, and delivery days in the columns provided.
In the event of discrepancies in extension, the unit price shall govern. THE BID FORM
MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER.
6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX
MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the
Purchasing Manager upon request.
6.4 Any information regarding warranties and/or maintenance agreements pertaining to
said bid item(s) are to be included in the bid.
6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and
packaging costs. The number of calendar days required to place the materials in the
City's receiving point under normal conditions must be shown on the Bid Form. DO NOT
quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate
Bidder to complete delivery in two weeks. A minimum of five days better delivery will
automatically break a tie bid. Unrealistically short or undue long delivery promises may
cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises
without a valid reason may cause removal from the bid list.
6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price
increases will not be considered.
6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB,
and all reports, charts, and other documentation submitted by bidders shall become the
property of the City of Lubbock when received.
6.8 If there are any additional charges of any kind, other than those mentioned above,
specified or unspecified, offeror MUST indicate the items required and attendant costs
or forfeit the right to payment for such items.
6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING
DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
7 BID PREPARATION COSTS
7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs
incurred in the preparation and submission of a bid. Also, should a bidder bid an
alternate, any test costs to prove equality of product will be at the expense of the
bidder, not the City of Lubbock.
7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for
any services or equipment.
7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
8.1 If you consider any portion of your bid to be privileged or confidential by statute or
judicial decision, including trade secrets and commercial or financial information,
clearly identify those portions.
8.2 The City of Lubbock will honor your notations of trade secrets and confidential
information and decline to release such information initially, but please note that the
final determination of whether a particular portion of your bid is in fact a trade secret
041-04RS.doc 7
ITB #041-04/RS, Concrete -Annual Pricing
or commercial or financial information that may be withheld from public inspection will
be made by the Texas Attorney General or a court of competent jurisdiction. In the
event a public information request is received for a portion of your bid that you have
marked as being confidential information, you will be notified of such request and you
will be required to justify your legal position in writing to the Texas Attorney General
pursuant to Section 552.305 of the Government Code. In the event that it is
determined by opinion or order of the Texas Attorney General or a court of competent
jurisdiction that such information is in fact not privileged and confidential under
Section 552.110 of the Government Code and Section 252.049 of the Local Government
Code, then such information will be made available to the requester.
8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the
Texas Open Records Act.
LICENSES, PERMITS, TAXES
9.1 The price or prices for the work shall include full compensation for all taxes, permits,
etc. that the bidder is or may be required to pay.
10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS
10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered
into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded
equal opportunities to submit bids and wilt not be discriminated against on the grounds
of race, color, sex, disability, or national origin in consideration of an award.
10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled
by one or more socially and economically disadvantaged individuals, or in the case of
any publicly owned business, at least 51% of the stock of which is owned by one ore
more socially and economically disadvantaged individuals. Socially and economically
disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans,
Asian -Pacific Americans, and Asian -Indian Americans.
11 CONFLICT OF INTEREST
11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any
business arrangement with any employee, official or agent of the City of Lubbock.
11.2 By signing and executing this bid, the bidder certifies and represents to the City the
bidder has not offered, conferred or agreed to confer any pecuniary benefit or other
thing of value for the receipt of special treatment, advantage, information, recipient's
decision, opinion, recommendation, vote or any other exercise of discretion concerning
this bid.
12 AUTHORIZATION TO BIND SUBMITTER OF BID
12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by
an officer of the company authorized to bind the submitter to its provisions. Person
signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure
to manually sign bid will disqualify it.
12.2 The bid submitted by the bidder shall become an integral part of the contract between
the City and the Bidder and the representations, covenants, and conditions therein
contained shall be binding upon the person, firm or corporation executing the same.
13 BID AWARD
13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder
who provides goods or services at the best value for the City of Lubbock. In determining
the best value for the City of Lubbock, the City may consider:
041.04RS.doc 8
ITB #041-04/RS, Concrete -Annual Pricing
a) The purchase price;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City;
f) The impact on the ability of the City to comply with laws and rules relating to
contracting with Historically Underutilized Businesses and non-profit organizations
employing persons with disabilities;
g) The total long-term cost to the City to acquire goods or services; and
h) Any relevant criteria specifically listed in the Invitation to Bid.
13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular
item on a bid, and to waive immaterial formalities and to accept the offer most
advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified
herein, the City may award the bid either item -by -item or on an all -or -none basis for
any item or group of items shown on the Bid Form.
13.3 All bids are evaluated for compliance with specifications before the bid price is
considered. Failure to comply with the listed General Conditions may result in
disqualification of bid.
13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued
tie bidding on any commodity could be cause for rejection of bids by the City of
Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust
violations.
13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid
must be lower than lowest bid submitted by a responsible Texas bidder by the same
margin or amount that a Texas bidder would be required to underbid the nonresident
bidder in the nonresident bidders' home state.
13.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall
be entered into the State of Texas and under the laws of the State of Texas. In
connection with the performance of work, the Bidder agrees to comply with the Fair
Labor Standard Act, Equal Opportunity Employment Act, and all other applicable
Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
13.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER
FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF
THIS INVITATION TO BID.
13.7 Responsible Bidder Criteria: The City shall consider only responsible Bidders.
Responsible Bidders are those that have, in the sole judgment of the City, the financial
ability, experience, resources, skills, capability, reliability and business integrity
necessary to perform the requirements of the contract. The City may also consider
references and financial stability in determining a responsible Bidder.
14 EQUAL EMPLOYMENT OPPORTUNITY
14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other
terms and conditions of employment based on race, sex, national origin, age, disability, or
in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as
permitted by said laws.
041-04RS.doc 9
ITB #041-04/RS, Concrete -Annual Pricing
15 SPECIFICATIONS
15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive
and NOT restrictive, and are used to indicate type and quality level desired. Bids on
brands of like nature and quality may be considered unless specifically excluded.
15.2 If bidding on other than reference or specifications, bid must show manufacturer,
brand, trade name, catalog and/or lot number, etc., on article offered and certify
article offered is equivalent to specifications. If other than specified brand of items
are offered, specifications, catalog sheets, illustrations and complete descriptive
literature must be submitted with bid.
15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's
bid. The City of Lubbock specification committee will be the sole determiner of what
constitutes a minor deviation.
15.4 The City may deem it necessary to specify Approved Brands after conclusive testing,
prior to usage or standardization. The City may test any sample(s), supplied free of
charge, to qualify for the Approved Brand list. Each sample must be marked with
bidder's name and address. At bidder's request and expense, the sample(s) not
destroyed or used in examinations and testing will be returned.
15.5 When specifications call for samples to be submitted, samples shall be delivered by the
bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be
clearly tagged to show bidder's name and address and item number.
15.6 The City of Lubbock reserves the right to determine which specific items on any
specification requirements require strict adherence, or are most important, and those that
are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less
important than the horsepower of a motor). Such determination can and will be a basis
for evaluating, recommending and making award. The City will, at its sole discretion,
assess warranty offered, and utilize life -cycle costing and/or performance factors as
the evaluation method and basis for award. The low bid most closely meeting
specifications is usually the bid given the award, although delivery time is sometimes a
necessary factor (i.e., a low bid that best meets specifications wilt not do us much good
if delivery is two years from now). Should a requested specification sheet not be
submitted with a bid, this is considered non -responsive and therefore may not be
considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY.
15.7 The Purpose of this invitation to bid is to set for a period of one year, firm pricing for
the item(s) and/or service(s) described herein, with an option to renew annually, for up
to two additional years upon mutual agreement of both parties.
15.8 All stated quantities are approximations of usage or consumption during the time period
to be covered by pricing established by this bid. Actual usage or consumption may be
more or less. Order quantities and time will be determined by actual need.
16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
16.1 Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or
personal property that is not affixed to real property, if the City receives one or more
bids from a bidder whose principal place of business is in the City of Lubbock and whose
bid is within three percent (3%) of the lowest bid price received by the City from a
bidder who is not a resident of the City of Lubbock, the City may enter into a contract
with:
(1) the lowest bidder; or
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(2) the bidder whose principal place of business is in the City of Lubbock if the City
Council determines, in writing, that the local bidder offers the City the best
combination of contract price and additional economic development opportunities
for the City of Lubbock created by the contract award, including the employment
of residents of the City of Lubbock and increased tax revenues to the City of
Lubbock.
16.2 In order to receive consideration, bidders must submit an Affidavit of Eligibility.
17 QUALIFICATIONS OF BIDDERS
17.1 The Bidder may be required before the award of any contract to show to the complete
satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the
necessary facilities, ability, and financial resources to provide the service specified
therein in a satisfactory manner. The Bidder may also be required to give a past history
and references in order to satisfy the City of Lubbock in regard to the Bidder's or his
Subcontractor's qualifications.
17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper
to determine the ability of the Bidder or his Subcontractor to perform the work, and
the Bidder shall furnish to the City of Lubbock all information for this purpose that may
be requested. The City of Lubbock reserves the right to reject any bid if the evidence
submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the
Bidder or his Subcontractor is properly qualified to carry out the obligations of the
contract and to complete the work described therein. Evaluation of the Bidder's or his
Subcontractor's qualifications shall include:
a) The ability, capacity, skill, and financial resources to perform the work or provide
the service required;
b) The ability of the Bidder or his Subcontractor to perform the work or provide the
service promptly or within the time specified, without delay or interference;
c) The character, integrity, reputation, judgment, experience, and efficiency of the
Bidder or his Subcontractor;
d) The quality of performance of previous contracts or services.
18 ANTI -LOBBYING PROVISION
18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS,
INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR
PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF
EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR
PRESENTATIONS, UNLESS REQUESTED BY THE CITY.
18.2 This provision is not meant to preclude bidders from discussing other matters with City
Council members or City staff. This policy is intended to create a level playing field for
all potential bidders, assure that contract decisions are made in public, and to protect
the integrity of the bid process. Violation of this provision may result in rejection of
the bidder's bid.
19 UTILIZATION OF LOCAL BUSINESS RESOURCES
19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local
business community. Bidders are strongly encouraged to explore and implement
methods for the utilization of local resources.
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20 PROTEST
20.1 All protests regarding the bid solicitation process must be submitted in writing to the
City Purchasing Manager within five (5) business days following the opening of bids. This
includes all protests relating to advertising of bid notices, deadlines, bid opening, and
all other related procedures under the Local Government Code, as well as any protest
relating to alleged improprieties with the bidding process.
This limitation does not include protests relating to staff recommendations as to award
of this bid. Protests relating to staff recommendations may be directed to the City
Council by contacting the Executive Assistant to the City Council.
All staff recommendations will be made available for public review prior to
consideration by the City Council as allowed by taw.
20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY
PROTEST.
21 BIDDING ITEMS WITH RECYCLED CONTENT
21.1 In addressing environmental concerns, the City of Lubbock encourages Bidders to
submit bids or alternate bids containing items with recycled content.
21.2 When submitting bids containing items with recycled content, Bidder shalt provide
documentation adequate for the City to verify the recycled content. The City prefers
packaging consisting of materials that are degradable or able to be recycled.
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II. GENERAL CONDITIONS
**** PLEASE READ CAREFULLY ****
These General Conditions apply to all bids and become a part of the terms and conditions of any bid
submitted. The City shall mean the City of Lubbock.
Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City
reserves the right to increase, decrease or delete any or all items. if the quantities of materials to
be furnished are increased, such increase shall be paid for according to the unit prices established
for the item. In making its bid hereunder, the Setter expressly recognizes the rights of the City
provided herein, and further recognizes that the Setter shall have no claims against the City for
anticipated profits for the quantities called for, diminished or deleted.
Product Guarantee: Setter guarantees equipment or product offered will meet or exceed
specifications identified in this bid invitation. The Seller shall, upon request, replace any
equipment or product proved to be defective and make any and all adjustments necessary without
any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the
requirements of the specifications, the Seller shall upon written request from the City, promptly
remove such equipment or product without any further expense to the City. SELLER FURTHER
REPRESENTS AND WARRANTS TO THE CITY THAT THE OCCURRENCE IN OR USE BY THE
EQUIPMENT OR PRODUCT CONTAINING COMPUTER CODE OF DATES ON OR AFTER JANUARY 1,
2000 ("MILLENNIAL DATES"), WILL NOT ADVERSELY AFFECT THE PERFORMANCE OF SUCH
EQUIPMENT OR PRODUCT WITH RESPECT TO DATE -DEPENDENT DATA, COMPUTATIONS, OUTPUT,
OR OTHER FUNCTIONS (INCLUDING, WITHOUT LIMITATION, CALCULATING, COMPARING, AND
SEQUENCING) AND THAT SUCH EQUIPMENT OR PRODUCT WILL CREATE, STORE, PROCESS, AND
OUTPUT INFORMATION RELATED TO OR INCLUDING MILLENNIAL DATES WITHOUT ERROR OR
OMISSIONS AND AT NO ADDITIONAL COST TO THE CITY. At the City's request, Seller will provide
evidence sufficient to demonstrate such equipment or product meets the foregoing.
Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase
release after each delivery. Invoices shall indicate the purchase order or purchase release number
and the supply agreement number if applicable. Invoices shall be itemized and transportation
charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when
applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box
2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Setter shalt not be in
default under the terms of the contract, and until the above instruments are submitted after
delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S
MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS
WITHOUT ANY ADDITIONS OR SURCHARGES.
4 Delivery Delay: When delivery delay can be foreseen, the Setter shall give prior notice to the
Purchasing Manager, who shall have the right to extend the delivery date if reasons for delay
appear acceptable. The Setter must keep the Purchasing Manager informed at all times of the
status of the order. Default in any manner under the contract, including, but not limited to default
on promised delivery, without acceptable reasons, or failure to meet specifications hereunder
authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and
handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity
and/or under the terms of the contract. Every effort will be made by the Purchasing Office to
locate the goods at the same or better price as than originally contracted.
5 Packaeing: Setter will package goods in accordance with good commercial practice. Each shipping
container shall be clearly and permanently marked as follows: (a) Setter's name and address. (b)
Consignee's name, address and purchase order or purchase release number and the supply
agreement number if applicable, (c) Container number and total number of containers, e.g., box 1
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of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of
packaging unless otherwise provided. Goods shall be suitably packed to secure lowest
transportation costs and to conform with requirements of common carriers and any applicable
specifications. The City's count or weight shalt be final and conclusive on shipments not
accompanied by packing lists.
Delivery Time: Deliveries will be accepted only during receiving hours: 9:00 A.M. - 3:30 P.M.,
Monday through Friday, except on City holidays, at the designated location.
7 Dama e: The City assumes no liability for goods delivered in damaged or unacceptable condition.
The Setter must handle all claims with carriers, and in case of damaged goods, shall ship
replacement goods immediately upon notification by the City.
No Warranty By The City Against infringements: As part of the contract for sale, Setter agrees to
ascertain whether goods manufactured in accordance with the specifications attached to the
contract will give rise to the rightful claim of any third person by way of infringement of the like.
The City makes no warranty that the production of goods according to the specification will not
give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the
event that Setter is sued on the grounds of infringement or the like. If Seller is of the opinion that
an infringement or the like will result, he will notify the City to this effect in writing within two
weeks after the signing of the contract. If the City does not receive notice and is subsequently held
liable for the infringement or the like, Setter will save The City harmless. If Seller in good faith
ascertains the production of the goods in accordance with the specifications will result in
infringement or the like, the contract shall be null and void.
9 Material Safety Data Sheets: Seller shalt provide Material Safety Data Sheets (MSDS) for all
chemicals to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D,
Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF
1910.1200, which is generally known as the Right to Know Law.)
10 Shipment Under Reservation Prohibited: Setter is not authorized to ship the goods under reservation
and no tender of a bill of lading will operate as a tender of goods.
11 Title a Risk Of Loss: The title and risk of loss of the goods shalt not pass to the City until the City
actually receives and takes possession of the goods at the point or points of delivery as provided
herein.
12 No Replacement of Defective Tender: Every tender of delivery of goods must fully comply with all
provisions of the contract as to time of delivery, quality and the like. If a tender is made which
does not fully conform, this shall constitute a breach of the contract and Seller shall not have the
right to substitute a conforming tender, provided, where the time for performance has not yet
expired, the Setter may reasonably notify the City of his intention to cure and may then make a
conforming tender within the Contract time but not afterward.
13 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order
without liability to Setter if it is determined by the City that gratuities, in the form of
entertainment, gifts or otherwise, were offered or given by the Setter, or any agent or
representative of the Setter, to any officer or employee of the City of Lubbock with a view toward
securing a contract or securing favorable treatment with respect to the awarding or amending, or
the making of any determinations with respect to the performing of such a contract. in the event
the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in
addition to any other rights and remedies, to recover or withhold the amount of the cost incurred
by Seller in providing such gratuities.
14 Special Tools Et 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 Setter for the purpose of filing
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this order, such special tooling or equipment and any process sheets related thereto shalt become
the property of the City and to the extent feasible shall be identified by the Seller as such.
15 Warranty -Price: a. The price to be paid by the City shalt be that contained in Setter's bid which
Setter warrants to be no higher than Setter's current prices on orders by other parties for products of
the kind and specification covered by the contract for similar quantities under similar or like
conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the
items shall be reduced to the Seller's current prices on orders by other, or in the alternative. The
City may cancel the contract without liability to Setter for breach or Seller's actual expenses. b.
The Setter warrants that no person or selling agency has been employed or retained to solicit or
secure the contract upon an agreement or understanding for commission, percentage brokerage, or
contingent fee excepting bona fide employees of bona fide established commercial or selling
agencies maintained by the Seller for the purpose of securing business. For breach or violation of
this warranty the City shall have the right in addition to any other right or rights to cancel the
contract without liability and to deduct from the Contract price, or otherwise recover the full
amount of such claimed commission, percentage, brokerage, or contingent fee.
16 Safety Warranty: Seller warrants that the product sold to the City shall conform to the standards
promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of
1970 and/or any other governmental agency standards or regulations. In the event the product
does not conform to each OSHA or other standards, Seller shall be in default hereunder, and the
City may exercise and of the remedy provided for herein, including but not limited to return of the
product for correction or replacement at the Sellers expense. In the event Seller fails to make the
appropriate correction within a reasonable time, correction made by the City will be at the Seller's
expense
17 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting
them.
18 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered
portion of this order if Setter breaches any of the terms hereof including warranties of Seller or if
the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right
to cancellation is in addition to and not in lieu of any other remedies which the City may have in
law, equity or hereunder.
19 Termination: The contract or purchase order may be terminated in whole, or in part by the City.
Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination"
specifying the extent to which the contract or purchase order is terminated and the date upon
which such termination becomes effective. In the event of said termination, in whole or in part,
provided that Seller shall not be in default under the Contract, the Seller shall be entitled to
payment only for goods actually delivered, and/or services actually performed under and in
compliance with the terms of the contract or purchase order.
20 Force Maieure: Neither party shall be held responsible for tosses or damages hereunder, if the
fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts,
acts of God, or public enemy, fire, or flood.
21 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any
obligation made by Seller without the written permission of the City. Any attempted assignment or
delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in
conformity with this paragraph.
22 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in
part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported
by consideration and is in writing signed by the aggrieved party.
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23 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance
provided by the City in its advertisement for bids and any other document provided by Setter as
part of his bid, is intended by the parties as a final expression of their agreement and is intended
also as a complete and exclusive statement of the terms of their agreement. Whenever a term
defined by the Uniform Commercial Code is used in the contract, the definition contained in the
Code is to control.
24 Applicable Law: The Contract shalt be governed by the Uniform Commercial Code. Wherever the
term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial
Code as adopted in the State of Texas as effective and in force on the date of the contract.
25 Right To Assurance: Whenever one party to the contract in good faith has reason to question the
other party's intent to perform he may demand that the other party give written assurance of this
intent to perform. In the event that a demand is made and no assurance is given within five (5)
days, the demanding party may treat this failure as an anticipatory repudiation of the Contract.
26 Indemnification: Setter shall indemnify, defend, keep and save harmless the City, its agents,
officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits,
liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in
consequence of the granting of the contract or which may anywise result therefrom, whether or not
it shall be alleged or determined that the act was caused through negligence or omission of the
Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Setter
shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other
expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be
rendered against the City in any such action, the Setter shall, at its own expenses, satisfy discharge
the same. Seller expressly understands and agrees that any bond required by the contract, or
otherwise provided by Seller, shalt in no way limit the responsibility to indemnify, keep and save
harmless and defend the City as herein provided.
27 Nonappropriation: All funds for payment by the City under this contract are subject to the
availability of an annual appropriation for this purpose by the City. In the event of
nonappropriation of funds by the City Council of the City of Lubbock for the goods or services
provided under the contract, the City will terminate the contract, without termination charge or
other liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this contract is spent, whichever event
occurs first. if at any time funds are not appropriated for the continuance of this contract,
cancellation shalt be accepted by the Seller on thirty (30) days prior written notice, but failure to
give such notice shall be of no effect and the City shall not be obligated under this contract beyond
the date of termination.
28 Time: It is hereby expressly agreed and understood that time is of the essence for the performance
of the contract, and failure by Setter to meet the time specifications of the contract will cause
Setter to be in default of the contract.
29 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent
omission from it of a detailed description concerning any point, shalt be regarded as meaning that
only the best commercial products and practices are to prevail and that only material and
workmanship of the finest quality are to be used. All interpretations of the specifications in this bid
shall be made on the basis of this statement. The items furnished under this contract shalt be new,
unused, of the latest product in production to commercial trade, and shalt be of the highest quality
as to materials used and workmanship. Manufacturer furnishing these shalt be experienced in design
and construction of such items and shall be an established supplier of the item bid.
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CITY OF LUBBOCK, TEXAS
STATEMENT OF NO BID
The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in
preparing and submitting bids to the city. If you do not intend to bid on this requirement, please
complete and return this form prior to date shown for receipt of bid to: Victor Kilman, Purchasing
Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457.
We, the undersigned, have declined to bid on your ITB # for the following reason(s):
Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain
reason below)
Specifications unclear. (Please explain below)
Insufficient time to respond to Invitation to Bid.
We do not offer this product/s or equivalent. (if you wish to remain on bidders list for other
commodities and/or services, please state particular product and/or service under which you
wish to be classified.)
Our product schedule would not permit us to perform.
Unable to meet specifications.
Job too large.
Job too small.
Cannot provide required bonding.
Cannot provide required insurance.
Bidding through dealer.
Do not wish to do business with the City of Lubbock. (Please explain below)
Other (Please specify below)
Company Name:
Address:
City:
State:
Contact Name: Title:
Business Telephone Number.
Internet Address:
Company's Internet Web Page URL:
FAX:
Zip,
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City of Lubbock
Consideration of Location of Bidder's Principal Place of Business
Affidavit of Eligibility
Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not
affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in
the City of Lubbock and whose bid is within three percent (3%) of the lowest bid price received by the City from a
bidder who is not a resident of the City of Lubbock, the City may enter into a contract with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in
writing, that the local bidder offers the City the best combination of contract price and additional economic
development opportunities for the City of Lubbock created by the contract award, including the
employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock.
In order to receive consideration, bidders must submit this affidavit to:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13`h Street
Lubbock, TX 79401
Complete all areas below. Incomplete affidavits may be rejected.
Local Business Name:
Local Address (must be within the City limits):
1. Is the above address the principal place of business for the business named above?
2. How many residents of the City of Lubbock are employed at the above business location?
3. Year your business was established in the City of Lubbock:
4. For transactions that require sales tax, provide the following Reseller information:
Reseller Permit Number:
Company Name and Address (as it appears on permit):
5. Does your business have more than one office in the State of Texas? Yes No
If Yes, identify the office location considered as the point -of sale credit for sales tax purposes:
6. Was the local business required to pay business and/or real property tax for the most recent tax year?
Yes No
If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No
Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged
that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for
eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) year.
Authorized Signature:
Printed Name and Title:
Date:
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