HomeMy WebLinkAboutResolution - 2004-R0362 - Letter Of Award To Refurbish Refuse Containers - S&H Metal Works & Manufacturing - 07_15_2004Resolution No. 2004-RO362
July 15, 2004
Item No. 49
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 to
refurbish refuse containers -annual pricing, by and between the City of Lubbock and S &
H Metal Works & Manufacturing, Inc. of Lubbock, 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 15th day of 4m�y ,9 , 2004.
MAYOR
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
t�W�A��
Victor KilrAan, Purchasing Manager
APPROVED AS TO FORM:
Attorney
gs/ccdocs/Ltr of Award-S&H Metal Work&Manufacturing.res
June 30, 2004
Resolution No. 2004—RO362
July 15, 2004
Item No. 49
Office of
July 15, 2004 Purchasing
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 • Fax (806) 775-2164
OLIVER SHADDEN
S & H METAL WORKS & MANUFACTURING, INC.
RT 3 BOX 13
LUBBOCK TX 79403
RE: ITB #106-04/BM — REFURBISH REFUSE CONTAINERS — ANNUAL PRICING
Dear Mr. Shadden:
S & H METAL WORKS & MANUFACTURING INC. has been awarded the items noted below for
Refurbish Refuse Containers - Annual Pricing based on your response to the City of Lubbock Invitation to
BID #106-04/13M.
1. A Purchase Order will be issued by the City of Lubbock and covers the category of items
shown below, and no other, during the period July 15, 2004 and ending July 14, 2005. The
City of Lubbock shall not be responsible for payment of any invoices except those orders
placed pursuant to this agreement.
2. Category of Items:
A. See Attached Bid Tabulation
3. S & H METAL WORKS & MANUFACTURING INC. bid dated June 24, 2004 and the City's
ITB# 106-04/BM are incorporated into and made a part of this agreement.
4. Prices: As quoted on Bid Form.
5. All invoices shall be directed to:
City of Lubbock
Accounts Payable
PO Box 2000
Lubbpck. Texas 79457
CITY OF
Mc
ATTEST:
.C=:r'_
Re cca Garza
City Secretary
cc: Bid Folder
Vendor File
APPROVED AS TO CONTENT:
QAC,- ANILW,
Debra Frankhouser
Solid Waste Collections Manager
APPROVED AS TO FORM:
o e
ITB #106-04/BM, Refurbish Refuse Containers -Annual Pridng
SUBMIT TO:
a
CITY OF LUBBOCK
_
CITY OF LUBBOCK, TEXAS
PURCHASING DEPARTMENT
rr
11
1625 13TH STREET, RM L04
LUBBOCK, TX 79401-3830
AN EQUAL
OPPORTUNITY
INVITATION TO BID
CONTACT PERSON:
Bruce MacNair
EMPLOYER
# 1 06-04/BM
TEL: 806.775.2167
FAX: 806.775.2164
http://purchasing.cl.tubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
Refurbish Refuse Containers - Annual Pricing
June 25, 2004 0 1:00 PM, CDT
PRE BID DATE, TIME AND LOCATION: June 15, 2004 @10:00 AM, Solid
Any bids received after the time and date listed above,
Waste North Side Conference Room, 208 Municipal Drive, Lubbock,
regardless of the mode of delivery, shall be returned
Texas
unopened.
I
RESPONDENT NAME:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER,
S & H METAL WORKS & MFG . INC-
THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND
ADDRESS.
MAILING ADDRESS:
RT . 3, BOX 13
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT OF NO BID".
CITY - STATE - ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND
LUBBOCK TEXAS 79403
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
TELEPHONE NO:
806-763-5437
CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST
FAX NO:
PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE
8 0 6— 7 6 3— 5 4 3 9
THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE,
REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY
E-MAIL:
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
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
7 5 - 2 5 61 7 2 4
DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA:
#1 #2 #3 #4 #5 (Please Initial)
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the
municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or
employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?_ YES NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS,
AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL,
EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO
DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE
COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION.
By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm,
business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and
without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of
Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United
States and the State of xas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of
Lubbock. At t City' otscr ion /went shall be and become effective at the time the City tenders final payment to the
vendor. / / i
( ���41\( PRESIDENT - OWNER
Authorized Signature Title
OLIVER SHADDEN
Print/Type Name
6/24/04
Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
ITB#106.04/BM.doc
ITB #106-04/BM, Refurbish Refuse Containers -Annual Pricing
BID FORM
Refurbish Refuse Containers - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB #106-04/BM
In compliance with the Invitation to Bid #106-04/BM, 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 fumishing 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 #106.04/BM by reference incorporated In this contract. The Bid
Form must be completed in blue or black ink or by jtypewriter.
UNIT OF
UNIT PRICE'
Extended
Delivery
ITEM
QTY
MEASURE
DESCRIPTION
BID
Cost
Days
a
b
c
d
e
f =bxe
Mo..
Complete steam cleaning of container - interior and
1.
(More or less)
EA
exterior: Two -Cubic yard, side loading containers (as
$ 43.00
$ 215.00
30
specified herein
15
Complete steam cleaning of container - interior and
2.
(More or less)
EA
exterior: Three -Cubic yard, side loading containers (as
$ 45.00
$ 675 DO
30
specified herein
10
Complete steam cleaning of container - Interior and
3.
(More or less)
EA
exterior. Four -Cubic yard, side loading containers (as
$ 47.00
$ 470.00
30
specified herein
Complete repair/refurbishing of container - steel
4.
(More or less)
EA
bottom, add steel tubular -stopper as needed: Two -Cubic
$ 181.00
$ 9050
30
yard, side loading containers as specified herein
J00
725
Complete repair/refurbishing of container - steel
5.
(More or less)
EA
bottom, add steel tubular -stopper as needed: Three-
$ 191.00
$138475 AO
30
Cubic yard, side loading containers as specified herein
200
Complete repair/refurbishing of container - steel
6.
(More or less)
EA
bottom, add steel tubular -stopper as needed: Four-
$ 191 .00
$ 38200.00
30
Cubic yard, side loading containers as specified herein
50
Complete repair/refurbishing of container - plastic
7.
(More or less)
EA
bottom, add steel tubular -stopper as needed: Two -Cubic
$ 173: 00
$ 8650.00
30
ard, side loading containers as specified herein
Complete repair/refurbishing of container - plastic
8.
(More o5 less)
EA
bottom, add steel tubular -stopper as needed: Three-
$ 173.00
$125425.00
30
Cubic yard, side loading containers as specified herein
Complete repair/refurbishing of container - plastic
9'
(More orless)less)
EA
bottom, add steel tubular -stopper as needed: Four-
$ 173. 00
$ 34600.00
30
Cubic yard, side loading containers as specified herein
Repair, paint and replace lids with new plastic lids and
10.
(More or less)
EA
add steel tubular -stopper as needed: Two -Cubic yard,
$ 78.00
$ 390.00
30
side loading containers asspecified herein
lor
Repair, paint and replace lids with new plastic lids and
11.
(More less)
EA
add steel tubular -stopper as needed: Three -Cubic yard,
$ 78.00
$ 1 1 70. 00
30
side loading containers as specified herein
10
Repair, paint and replace lids with new plastic lids and
12.
(More or less)
EA
add steel tubular -stopper as needed Four -Cubic yard,
$ 78.00
$ 780.0(
30
side loading containers as specifted herein
Repair, paint and replace lids with new steel lids and
13.
(More or less)
EA
add steel tubular- stopper as needed: Two -Cubic yard,
$ 78.00
$ 390.00
0 30
side loading containers as specified herein
8
Repair, paint and replace lids with new steel lids and
14.
(More or less)
EA
add steel tubular- stopper as needed: Three -Cubic yard,
$
$
624.0
30
side loadingcontainers asspecified herein)78.00
Repair, paint and replace lids with new steel lids and
15.
(More or less)
EA
add steel tubular- stopper as needed: Four -Cubic yard,
$ 78, 00
$ 546.0
30
side loadingcontainers ass specified herein
lor
Paint container only and add steel tubular- stopper as
16.
EA
needed: Two-CubIC yard, side loading containers (as
$ 57.00
$ 570.00
30
(More less)
specified herein
100
Paint container only and add steel tubular- stopper as
17.
EA
needed: Three -Cubic yard, side loading containers (as
$ 57.00
$ 5700.00
30
(More or less)
specified herein
Paint container only and add steel tubular- stopper as
18.
o
EA
needed: Four -Cubic yard, side loading containers (as
$ 57.00
$ 3420.00
30
(More less)
specified herein
630
Replacement pins and lids as needed: side loading
I
$
$
19'
(More or less)
containers (as specified herein)
50.00
31500.0
30
I wiffi.04/11M.doc
ITB #106-04/13M, Refurbish Refuse Containers -Annual Pricing
TOTAL BID: Items 1 through 19: S
'PRICE: F.O.B. City of Lubbock "Days After Receipt of Order (ARO)
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 1 %, net 1 ()calendar days. Discounts will
not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The
City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever
event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted
as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of
acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be
considered.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of
Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided
for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices
quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will
honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities
decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would
apply?
Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock
Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains
Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County,
and City of Wolfforth.
YES NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be
eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this
solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that
governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another
governmental entity's debts. Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY S & H METAL WORKS & MFG INC a corporation organized under the laws
of the State of TEXAS , or a partnership consisting of
or an individual trading as
Firm: S & H METAL WORKS INC
Address: RT 3, BOX 13
City: L BBO K State: 7
M/WBE Firm: I I Woman Black American
By
Authorized Representative - must sign by hand
Officer Name and Title: OLIVER SHADDEN
Business Telephone Number.
Please Print
806-763-5437
of the City of
Native American
6/24/04
FAX: 806-763-5439
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over $15,000): Date P.O./Contract Issued:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
ITB#106.04/BM.doc
ITB #106-04113M, Refurbish Refuse Containers -Annual Pricing
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: S & H METAL WORKS & MFG. , INC.
Local Address (must be within the City limits): 2502 E . DUBUQUE ST .
1. Is the above address the principal place of business for the business named above? YES
2. How many residents of the City of Lubbock are employed at the above business location? 12
3. Year your business was established in the City of Lubbock:
1994
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 XX
If Yes, identify the office location considered as the point -of sale for the purpose of sales tax calculation:
6. Was the local business required to pay business and/or real property tax for the most recent tax year?
XX Yes No
If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No XX
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 ' ten 'onally submitti se information to the City in an attempt to qualify for
eligibility shall be prohibited from bi n n ' y of Lubb I@Wtts an ervices for a period of one (1) year.
Authorized Signature: Date: 6/ 2 4/ 0 4
Printed Name and Title: OLIVER SHADDEN, PRESIDENT
IT13#106-04111M.doc 17
ITB #106-041BM, Refurbish Refuse Containers -Annual Pricing
Refurbish Refuse Containers - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 106-04/BM
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 ft DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Refurbish
Refuse Containers - Annual Pricing per the attached specifications. Sealed bids will
be received no later than 1:00 p.m. CDT, June 25, 2004, if date/time stamped on or
before 1:00 PM CDT 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 #106-04/BM, Refurbish
Refuse Containers - 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 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 10:00 AM, June 15, 2004, in Solid Waste
North Side Conference Room, 208 Municipal Drive, Lubbock, Texas. All persons
attending the conference will be asked to identify themselves and the prospective
bidder they represent.
ITB#106-045M.doc
ITB #106-04/BM, Refurbish Refuse Containers -Annual Pricing
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:
Bruce MacNair, Senior Buyer
City of Lubbock
1625 13th Street
Lubbock, Texas 79401
Fax: (806)775-2164
Email: Bmacnair@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.
ITB#106-04/13M.doc 5
ITB #106-04/BM, Refurbish Refuse Containers -Annual Pricing
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
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.
IT13#106.04/13M.doc
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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.
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
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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.
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.
BID AWARD
13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder
who provides goods or services at the best value for the City of Lubbock. in determining
the best value for the City of Lubbock, the City may consider:
a) The purchase price;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City;
f) The impact on the ability of the City to comply with laws and rules relating to
contracting with Historically Underutilized Businesses and non-profit organizations
employing persons with disabilities;
g) The total long-term cost to the City to acquire goods or services; and
h) Any relevant criteria specifically listed in the Invitation to Bid,
13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular
item on a bid, and to waive immaterial formalities and to accept the offer most
advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified
herein, the City may award the bid either item -by -item or on an all -or -none basis for
any item or group of items shown on the Bid Form.
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.
13.6 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
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Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
13.7 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.
13.8 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 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
bidders name and address. At bidder's request and expense, the sample(s) not
destroyed or used in examinations and testing will be returned.
15.5 When specifications call for samples to be submitted, samples shall be delivered by the
bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be
clearly tagged to show bidder's name and address and item number.
15.6 The City of Lubbock reserves the right to determine which specific items on any
specification requirements require strict adherence, or are most important, and those that
are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less
important than the horsepower of a motor). Such determination can and will be a basis
for evaluating, recommending and making award. The City will, at its sole discretion,
assess warranty offered, and utilize life -cycle costing and/or performance factors as
the evaluation method and basis for award. The low bid most closely meeting
specifications is usually the bid given the award, although delivery time is sometimes a
necessary factor (i.e., a low bid that best meets specifications will not do us much good
if delivery is two years from now). Should a requested specification sheet not be
submitted with a bid, this is considered non -responsive and therefore may not be
considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY.
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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:
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 Bidders 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
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the integrity of the bid process. Violation of this provision may result in rejection of
the bidder's bid.
19 UTILIZATION OF LOCAL BUSINESS RESOURCES
19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local
business community. Bidders are strongly encouraged to explore and implement
methods for the utilization of local resources.
20 PROTEST
20.1 All protests regarding the bid solicitation process must be submitted in writing to the
City Purchasing Manager within five (5) business days following the opening of bids. This
includes all protests relating to advertising of bid notices, deadlines, bid opening, and
all other related procedures under the Local Government Code, as well as any protest
relating to alleged improprieties with the bidding process.
This limitation does not include protests relating to staff recommendations as to award
of this bid. Protests relating to staff recommendations may be directed to the City
Council by contacting the Executive Assistant to the City Council.
All staff recommendations will be made available for public review prior to
consideration by the City Council as allowed by law.
20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY
PROTEST.
21 BIDDING ITEMS WITH RECYCLED CONTENT
21.1 In addressing environmental concerns, the City of Lubbock encourages Bidders to
submit bids or alternate bids containing items with recycled content.
21.2 When submitting bids containing items with recycled content, Bidder shall provide
documentation adequate for the City to verify the recycled content. The City prefers
packaging consisting of materials that are degradable or able to be recycled.
22 CONTRACT TERM AND PRICING
22.1 The purpose of this Invitation to Bid is to set for a period of one-year firm pricing for
items described herein, with the option to renew for up to two additional one-year
terms, upon mutual written agreement between the City of Lubbock and the supplier.
All extension(s) will be granted only under the same contract prices and terms and
conditions as the initial twelve-month term.
22.2 All stated annual quantities are approximations of usage during the time period to be
covered by pricing established by this bid. Actual usage may be more or less. Order
quantities will be determined by actual need.
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II. GENERAL CONDITIONS
**** PLEASE READ CAREFULLY ****
These General Conditions apply to all bids and become a part of the terms and conditions of any bid
submitted. The City shall mean the City of Lubbock.
1Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City
reserves the right to increase, decrease or delete any or all items. If the quantities of materials to
be furnished are increased, such increase shall be paid for according to the unit prices established
for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City
provided herein, and further recognizes that the Seller shall have no claims against the City for
anticipated profits for the quantities called for, diminished or deleted.
2 Product Guarantee: Seller guarantees equipment or product offered will meet or exceed
specifications identified in this bid invitation. The Seller shall, upon request, replace any
equipment or product proved to be defective and make any and all adjustments necessary without
any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the
requirements of the specifications, the Seller shall upon written request from the City, promptly
remove such equipment or product without any further expense to the City. SELLER FURTHER
REPRESENTS AND WARRANTS TO THE CITY THAT THE OCCURRENCE IN OR USE BY THE
EQUIPMENT OR PRODUCT CONTAINING COMPUTER CODE OF DATES ON OR AFTER JANUARY 1,
2000 ("MILLENNIAL DATES"), WILL NOT ADVERSELY AFFECT THE PERFORMANCE OF SUCH
EQUIPMENT OR PRODUCT WITH RESPECT TO DATE -DEPENDENT DATA, COMPUTATIONS, OUTPUT,
OR OTHER FUNCTIONS (INCLUDING, WITHOUT LIMITATION, CALCULATING, COMPARING, AND
SEQUENCING) AND THAT SUCH EQUIPMENT OR PRODUCT WILL CREATE, STORE, PROCESS, AND
OUTPUT INFORMATION RELATED TO OR INCLUDING MILLENNIAL DATES WITHOUT ERROR OR
OMISSIONS AND AT NO ADDITIONAL COST TO THE CITY. At the City's request, Seller will provide
evidence sufficient to demonstrate such equipment or product meets the foregoing.
3 Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase
release after each delivery. Invoices shall indicate the purchase order or purchase release number
and the supply agreement number if applicable. Invoices shall be itemized and transportation
charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when
applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box
2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Seller shall not be in
default under the terms of the contract, and until the above instruments are submitted after
delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S
MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS
WITHOUT ANY ADDITIONS OR SURCHARGES.
4 Delivery Delay: When delivery delay can be foreseen, the Seller shall give prior notice to the
Purchasing Manager, who shall have the right to extend the delivery date if reasons for delay
appear acceptable. The Seller must keep the Purchasing Manager informed at all times of the
status of the order. Default in any manner under the contract, including, but not limited to default
on promised delivery, without acceptable reasons, or failure to meet specifications hereunder
authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and
handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity
and/or under the terms of the contract. Every effort will be made by the Purchasing Office to
locate the goods at the same or better price as than originally contracted.
5 Packa$igg: Seller will package goods in accordance with good commercial practice. Each shipping
container shall be clearly and permanently marked as follows: (a) Seller's name and address. (b)
Consignee's name, address and purchase order or purchase release number and the supply
agreement number if applicable, (c) Container number and total number of containers, e.g., box 1
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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 shall be final and conclusive on shipments not
accompanied by packing lists.
6 Delivery Time: Deliveries will be accepted only during receiving hours: 9:00 A.M. - 3:30 P.M.,
Monday through Friday, except on City holidays, at the designated location.
7 Damage: The City assumes no liability for goods delivered in damaged or unacceptable condition.
The Seller must handle all claims with carriers, and in case of damaged goods, shall ship
replacement goods immediately upon notification by the City.
8 No Warranty By The City Against Infringements: As part of the contract for sale, Seller agrees to
ascertain whether goods manufactured in accordance with the specifications attached to the
contract will give rise to the rightful claim of any third person by way of infringement of the like.
The City makes no warranty that the production of goods according to the specification will not
give rise to such a claim, and in no event shall The City be liable to Seller for indemnification in the
event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that
an infringement or the like will result, he will notify the City to this effect in writing within two
weeks after the signing of the contract. If the City does not receive notice and is subsequently held
liable for the infringement or the like, Seller will save The City harmless. If Seller in good faith
ascertains the production of the goods in accordance with the specifications will result in
infringement or the like, the contract shall be null and void.
9 Material Safety Data Sheets: Seller shall provide Material Safety Data Sheets (MSDS) for all
chemicals to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D,
Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF
1910.1200, which is generally known as the Right to Know Law.)
10 Shipment Under Reservation Prohibited: Seller is not authorized to ship the goods under reservation
and no tender of a bill of lading will operate as a tender of goods.
11 Title 8 Risk Of Loss: The title and risk of loss of the goods shall not pass to the City until the City
actually receives and takes possession of the goods at the point or points of delivery as provided
herein.
12 No Replacement of Defective Tender: Every tender of delivery of goods must fully comply with all
provisions of the contract as to time of delivery, quality and the like. If a tender is made which
does not fully conform, this shall constitute a breach of the contract and Seller shall not have the
right to substitute a conforming tender, provided, where the time for performance has not yet
expired, the Seller may reasonably notify the City of his intention to cure and may then make a
conforming tender within the Contract time but not afterward.
13 Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order
without liability to Seller if it is determined by the City that gratuities, in the form of
entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or
representative of the Seller, to any officer or employee of the City of Lubbock with a view toward
securing a contract or securing favorable treatment with respect to the awarding or amending, or
the making of any determinations with respect to the performing of such a contract. In the event
the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in
addition to any other rights and remedies, to recover or withhold the amount of the cost incurred
by Seller in providing such gratuities.
14 Special Tools 8 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
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this order, such special tooling or equipment and any process sheets related thereto shall become
the property of the City and to the extent feasible shall be identified by the Seller., as such.
15 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which
Seller warrants to be no higher than Seller's current prices on orders by other parties for products of
the kind and specification covered by the contract for similar quantities under similar or like
conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the
items shall be reduced to the Sellers current prices on orders by other, or in the alternative. The
City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b.
The Seller warrants that no person or selling agency has been employed or retained to solicit or
secure the contract upon an agreement or understanding for commission, percentage brokerage, or
contingent fee excepting bona fide employees of bona fide established commercial or selling
agencies maintained by the Seller for the purpose of securing business. For breach or violation of
this warranty the City shall have the right in addition to any other right or rights to cancel the
contract without liability and to deduct from the Contract price, or otherwise recover the full
amount of such claimed commission, percentage, brokerage, or contingent fee.
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 Seller's expense. In the event Seller fails to make the
appropriate correction within a reasonable time, correction made by the City will be at the Seller's
expense
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 Seller breaches any of the terms hereof including warranties of Seller or if
the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right
to cancellation is in addition to and not in lieu of any other remedies which the City may have in
law, equity or hereunder.
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 losses or damages hereunder, if the
fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts,
acts of God, or public enemy, fire, or flood.
21 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any
obligation made by Seller without the written permission of the City. Any attempted assignment or
delegation by Seller shall be wholly 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 Seller as
part of his bid, is intended by the parties as a final expression of their agreement and is intended
also as a complete and exclusive statement of the terms of their agreement. Whenever a term
defined by the Uniform Commercial Code is used in the contract, the definition contained in the
Code is to control.
24 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the
term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial
Code as adopted in the State of Texas as effective and in force on the date of the contract.
25 Right To Assurance: Whenever one party to the contract in good faith has reason to question the
other party's intent to perform he may demand that the other party give written assurance of this
intent to perform. In the event that a demand is made and no assurance is given within five (5)
days, the demanding party may treat this failure as an anticipatory repudiation of the Contract.
26 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents,
officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits,
liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in
consequence of the granting of the contract or which may anywise result therefrom, whether or not
it shall be alleged or determined that the act was caused through negligence or omission of the
Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller
shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other
expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be
rendered against the City in any such action, the Seller shall, at its own expenses, satisfy discharge
the same. Seller expressly understands and agrees that any bond required by the contract, or
otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the City as herein provided.
27 Nonappropriation: All funds for payment by the City under this contract are subject to the
availability of an annual appropriation for this purpose by the City. In the event of
nonappropriation of funds by the City Council of the City of Lubbock for the goods or services
provided under the contract, the City will terminate the contract, without termination charge or
other liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this contract is spent, whichever event
occurs first. If at any time funds are not appropriated for the continuance of this contract,
cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to
give such notice shall be of no effect and the City shall not be obligated under this contract beyond
the date of termination.
28 Time: It is hereby expressly agreed and understood that time is of the essence for the performance
of the contract, and failure by Seller to meet the time specifications of the contract will cause
Seller to be in 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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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 #106-04/BM 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 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:
ITB#106.04/ BM.doc 16
ITB #106-04/BM, Refurbish Refuse Containers -Annual Pricing
CITY OF LUBBOCK
SOLID WASTE MANAGEMENT
SPECIFICATIONS FOR
REFURBISHING SIDE LOADING REFUSE CONTAINERS
GENERAL:
It is the intent of the City of Lubbock, Texas, to secure bids for repairs/refurbishing maintenance of two (2)
cubic yard, three (3) cubic yard and four (4) cubic yard Side Loading containers.
Each container must be restenciled on the front and inverted under right lift arm, (facing container) with
glossy black spray lacquer with 3" high X 13/4" wide serial numbers. Serial numbers will be provided by
the Solid Waste Services Department.
The contractor shall protect and save harmless the owner from all and every demand for damages,
royalties or fees on any patented invention used by him/her in connection with the work done or materials
furnished under this contract; provided, however, that if any patented materials, machinery, appliance or
invention is clearly specified in this contract, then, and in the event, the cost of procuring the rights of use
and legal release or indemnity determined and directed to be included in the bid price at the time the
proposal is submitted.
Prices bid shall include delivery to 1631 84th Street, Lubbock, Texas or alternate delivery site as directed
by the Solid Waste Services Department.
All containers shall be guaranteed for twelve (12) months after delivery against defective workmanship
and materials.
All materials will be furnished by vendor.
Containers to be refurbished will be checked out to successful bidder by City serial number noting type of
repairs to be completed and checked back in when completed. Vendor shall be paid on the number of
completed containers for each category of repair. Successful bidder shall pick up containers to be
repaired from 1631 84th Street or alternate pick up location, and return completed containers to Solid
Waste Services Department Container Section at the same address. Containers will be loaded and
unloaded by City of Lubbock personnel.
The number of containers to be refurbished weekly will be determined by Solid Waste Services
Department and the determined number will be given to the bidder. At least 1/12'h of the total number of
dumpsters in the bid will be refurbished on a monthly basis.
The following are minimum specifications for the refurbish/repair work to be done:
1. STEEL
All steel metal shall be hot -rolled commercial quality steel.
Container bottom, front, rear and sides when necessary, welded continuously on the interior: Side
Loading -12 gauge. Container lids welded continuously on the interior: Side Loading - 16 gauge.
Container bottom when necessary shall be hot rolled commercial quality steel.
Container bottom shall include two skids, which will be part of the sides:
Side Loading - 12 gauge.
Bumper angle will be located in front of the lift arm and will be 2" x 3" x 1/4" x 20" long angle iron.
The angle will wrap around the corner from the front of the container.
ITBA106-04/BM.doc 18
ITB #106.04/13M, Refurbish Refuse Containers -Annual Pricing
Welds shall be continuous on the interior and exterior of the container, except where stated to the
contrary, and shall form a secure bond between metals. Puddling and splattering are
unacceptable.
2. Polyethylene/Plastic Bottoms
When plastic bottoms are requested in lieu of steel bottom, container bottom shall be made of
3/16" high molecular weight polyethylene, seamless, extending a minimum of ten inches up the
inside wall of the container. The City Of Lubbock will accept bottoms produced by Bryan
Container Company, Bryan, TX (888-611-3333), or approved equal.
Dimensions of plastic bottoms from Brian Container Company are as follows:
2 cubic yard = 37 7/8 inches
3 cubic yard = 47 t/2 inches
4 cubic yard = 47'/z inches
Specifications for installing plastic bottoms from Bryan Container Company: After construction of
metal box with cross members on the bottom, insert plastic bottom from top, To secure plastic
bottom to metal container, either pop rivet or weld Z bars to side of container.
SEE ATTACHMENT A.
3. STEEL TUBULAR LID -STOPPER
Tubular lid -stopper shall be constructed of % " round steel tubing, 16" long with two (2) 4" legs.
Legs shall be welded to the steel portion of the container.
SEE EXAMPLE PICTURED IN ATTACHMENT B.
4. LIDS
Lids shall be made in three parts, with the rear lid to be constructed of 16-gauge hot -rolled steel
for Side Loading containers and hinged with 3/4" pipe. Front lids shall be plastic, manufactured
independent of each other and hinged to rear lid with 1/2" solid steel rod.
Rear lid shall be 15" X 60" constructed of 16-gauge hot -rolled steel for Side Loading containers.
Color shall be sandalwood brown or similar color to match existing containers. Sample color will
be provided.
Front lids shall be constructed of HMPE plastic with a minimum thickness of 0.180 inches, as
manufactured by Phillips 66, Resin No. 50100 or approved equal. When directed by Solid
Waste Management, front lids may be requested as: 16-gauge hot -rolled commercial quality
steel.
Plastic color shall be black, with the City of Lubbock logo and the letters, "Lubbock, Texas"
embossed on each small lid. Plastic lids shall be 30" X 30". Lids must be guaranteed not to chalk
or crack due to ultraviolet exposure for three years from date of delivery. Plastic lid design must
match the present lid used by the City of Lubbock.
Lids must be designed with extra high ribs to provide structural strength and prevent sagging in
hot weather.
ITB#106.04/BM.doc 19
ITB #106.04113M, Refurbish Refuse Containers -Annual Pricing
5. CLEANING
All welds shall be cleaned to bright metals and shall be free of all foreign material, slag, rust, dirt,
oil or other material, which will show unevenness after painting. Failure to do so shall be cause
for rejection until deficiency is correct.
6. PAINTING
The interior and exterior of the containers shall be painted with a two -coat system consisting of a
corrosion inhibitive fast drying primer followed by a high gloss acrylic enamel finish coat. Primer
coat shall be a fast dry zinc chromate. The finish coat shall be a high gloss, quick drying, acrylic
enamel paint. Paint shall be clean and free from foreign material and shall be applied evenly
without runs or sags. Finish color shall be sandalwood brown or similar color to match existing
containers.
The above primer and paint shall be applied on the interior and exterior of the containers.
The containers must be cleaned of all foreign material, slag, rust, dirt, oil or other material before
the primer and paint are applied to ensure adhesion of the primer and paint.
Paint shall be guaranteed for one year against cracking, checking or loss of adhesion and
appreciable color change or chalking of the finish coat of paint.
7. SPECIFICATION VARIATIONS
Variations from these specifications WILL NOT BE ACCEPTABLE.
8. SHOP DRAWING
Bidder will furnish Shop Drawing depicting his proposal for refurbishing the different sizes of Side
Loading containers.
Shop Drawing Is to be submitted with bid.
9. CATEGORIES OF REPAIRS/REFURBISHING
A complete refurbish includes replacing, as needed, the front, back and both sides with 12 gauge
steel as far up as needed to get the container back to reusable condition. A complete refurbish
also consists of painting of the interior and exterior and putting new lids on the container.
Work to be performed by successful bidder shall include one or more of the following categories
of repairs/refurbishing:
1. Steam cleaning of exterior and interior of container.
2. Complete repair/refurbishing of container — Steel bottom.
Bottom and front and rear and sides: 12 gauge hot -rolled commercial quality steel for
Side Loading containers, welded continuously on the exterior of the container.
Skids welded in place on existing containers:
Side Loading — 12 gauge.
Replacement of lids.
Paint will be applied according to specifications.
Complete repair/refurbishing of container — Plastic bottom.
Front, rear and sides: 12 gauge hot -rolled commercial quality steel for Side Loading
containers, welded continuously on the exterior of the container.
►TU106-04/BM.doc 20
ITB #106-04/BM, Refurbish Refuse Containers -Annual Pricing
Bottom: 3/16" high molecular weight polyethylene, seamless extending a minimum of ten
inches up the inside wall of the container.
Skids welded in place on existing containers:
Side Loading — 12 gauge.
Replacement of lids.
Paint will be applied according to specifications.
4. Repair, paint and replace lids.
Plastic and metal lids will be replaced with new plastic lids.
If metal lids are requested, repair of metal lids and/or the placement of metal lids: Side
Loading - 16 gauge hot rolled.
Paint will be applied according to specifications.
5. Painting of container only.
Paint will be applied according to specifications.
6. Sale of pins and lids.
To sell to Solid Waste Management for department installation.
SEE ATTACHMENT —City of Lubbock, Side Loader Container Minimum Specifications
Drawings
Sample containers may be seen by bidder at 1631 84th Street, Solid Waste Services
Container Section.
10. QUANTITY OF CONTAINERS — MORE OR LESS
Steam cleaning of exterior and interior of container:
• Estimated 25 (More or Less) Side Loading containers
=> 5 - 2 cubic yards
=> 15 - 3 cubic yards
=> 10 - 4 cubic yards
2. Complete repair/refurbishing of container — steel bottom and add tubular lid -stopper as
needed:
• Estimated 975 (More or Less) Side Loading (approx. 16 per week)
=> 50 - 2 cubic yards
=> 725 - 3 cubic yards
=> 200 - 4 cubic yards
Complete repair/refurbishing of container — plastic bottom and
add tubular lid -stopper as needed:
• Estimated 975 (More or Less) Side Loading (approx. 16 per week)
=> 50 - 2 cubic yards
=> 725 - 3 cubic yards
=> 200 - 4 cubic yards
4. Repair, paint and replace lids with new plastic lids and
add tubular lid -stopper as needed:
• Estimated 30 (More or Less) Side Loading (as needed)
=> 5 - 2 cubic yards
=> 15 - 3 cubic yards
=> 10 - 4 cubic yards
5. Repair, paint and replace lids with new steel lids and
lTB#106-04/BM.doc 21
ITB #106-04/BM, Refurbish Refuse Containers -Annual Pricing
add tubular lid -stopper as needed
• Estimated 20 (More or Less) Side Loading (as needed)
=> 5 - 2 cubic yards
=> 8 - 3 cubic yards
=> 7 - 4 cubic yards
(Includes replacement of damaged plastic or metal lids with new plastic lids; and replacement of damaged
plastic or metal lids with new metal lids, as per direction of Solid Waste Services)
6. Painting of container only and add tubular lid -stopper as needed:
• Estimated 170 (More or Less) Side Loading (approx. 3 per week)
10 - 2 cubic yards
100 - 3 cubic yards
60 - 4 cubic yards
7. Sale of pins and lids:
• Estimated 630 (More or Less) Side Loading (approx. 12 per week)
ITB#106.04/BM.doc 22
ITB #108-04IBM, Refurbish Refuse Containers -Annual Pricing
ATTACHMENT A.
The Extended -Life Container
-Year
.or
Our container offers a unique, low -maintenance option for the waste collection industry. The.
Extended -Life Container features a plastic pan supported by structural steel'members and held
in place by our proprietary steel "z" strips.
Our steel relnforced plastic bottom offers:
• Rust -free bottoms STEEL CONTAINE SIDE
• Lig noise ATTACHMENT A L
_ � STRIP'
• Lighter weight
• Less stress on trucks PLASTIC BOTTOM
• At least $30 a year in fuel savings
•, High impact resistance
e �
Bryan Containers
Tire Next Step in Container Evolution
Bryan Container Coinpany, Inc. ■ P.O. Box 32 ■ Bryan, Texas 77806
Telephone: 409/822-7998 ■ Toll Free: 888/611-3333 ■ Fax: 4091775.0319
ITUM-04/13M.doc 23
ITB #100-04/13M, Refurbish Refuse Containers -Annual Pricing
Attachment B — Steel Tubular Lid -Stopper
4" (% round steel tubing)
Pipe dimensions = 3/4 " round steel tubing
ITB#106.04/BM.doc 24
ITB #106-04/BM, Refurbish Refuse Containers -Annual Pricing
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ITB#106.04/BM.doc 25
Prepared by Purchasing Department for July 15, 2004 City Council Meeting
Advertised: 06/06/04 & 06/13/04
Prebid: 06/15/04
Closed: 06/25/04
REFURBISH REFUSE CONTAINERS - ANNUAL PRICING
Solid Waste
ITB #106-04/BM
Bid Item QTY U/M
Description/Vendor(s) Vendor Location
Unit Cost
Total Amount
1 5 EA
Complete interior/exterior steam cleaning of two -cubic yard container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$43.00
$215.00
Caprock Welding & Supply, Inc. Lubbock, TX
$50.00
$250.00
2 15 EA
Complete interior/exterior steam cleaning of three -cubic yard container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$45.00
$675.00
Caprock Welding & Supply, Inc. Lubbock, TX
$50.00
$750.00
3 10 EA
Complete interior/exterior steam cleaning of four -cubic yard container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$47.00
$470.00
Caprock Welding & Supply, Inc. Lubbock, TX
$%00
$500.00
4 50 EA
Complete repair/refurbishing of two -cubic yard steel bottom, add
steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$181.00
$9,050.00
Caprock Welding & Supply, Inc. Lubbock, TX
$265.00
$13,250.00
5 725 EA
Complete repair/refurbishing of three -cubic yard steel bottom, add
steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$191.00
$138,475.00
Caprock Welding & Supply, Inc. Lubbock, TX
$285.00
$206,625.00
6 200 EA
Complete repair/refurbishing of four -cubic yard steel bottom, add
steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$191.00
$38,200.00
Caprock Welding & Supply, Inc. Lubbock, TX
$295.00
$59,000.00
7 50 EA
Complete repair/refurbishing of two -cubic yard plastic bottom, add
steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$173.00
$8,650.00
Caprock Welding & Supply, Inc. Lubbock, TX
$265.00
$13,250.00
8 725 EA
Complete repair/refurbishing of three -cubic yard plastic bottom, add
steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$173.00
$125,425.00
Caprock Welding & Supply, Inc. Lubbock, TX
$285.00
$206,625.00
9 200 EA
Complete repair/refurbishing of four -cubic yard plastic bottom, add
steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$173.00
$34,600.00
Caprock Welding & Supply, Inc. Lubbock, TX
$295.00
$59,000.00
10 5 EA
Repair, paint & replace lids with two -cubic yard new plastic lids,
add steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$78.00
$390.00
Caprock Welding & Supply, Inc. Lubbock, TX
$85.00
$425.00
11 15 EA
Repair, paint & replace lids with three -cubic yard new plastic lids,
add steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$78.00
$1,170.00
Caprock Welding & Supply, Inc. Lubbock, TX
$100.00
$1,500.00
12 10 EA
Repair, paint & replace lids with four -cubic yard new plastic lids,
add steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$78.00
$780.00
Caprock Welding & Supply, Inc. Lubbock, TX
$100.00
$1,000.00
13 5 EA
Repair, paint & replace lids with two -cubic yard new steel lids,
add steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$78.00
$390.00
Caprock Welding & Supply, Inc. Lubbock, TX
$100.00
$500.00
14 8 EA
Repair, paint & replace lids with three -cubic yard new steel lids,
add steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$78.00
$624.00
Caprock Welding & Supply, Inc. Lubbock, TX
$100.00
$800.00
Page 1 of 2
Prepared by Purchasing Department for July 15, 2004 City Council Meeting
Advertised: 06/06/04 & 06/13/04
Prebid: 06/15/04
Closed: 06/25/04
REFURBISH REFUSE CONTAINERS - ANNUAL PRICING
Solid Waste
ITB #106-04/BM
Bid Item CITY U/M
Description/Vendor(s) Vendor Location
Unit Cost
Total Amount
15 7 EA
Repair, paint & replace lids with our -cubic yard new steel lids,
add steel tubular -stopper container
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$78.00
$546.00
Caprock Welding & Supply, Inc. Lubbock, TX
$100.00
$700.00
16 10 EA
Paint two -cubic yard container, add steel tubular -stopper
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$57.00
$570.00
Caprock Welding & Supply, Inc. Lubbock, TX
$65.00
$650.00
17 100 EA
Paint three -cubic yard container, add steel tubular -stopper
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$57.00
$5,700.00
Caprock Welding & Supply, Inc. Lubbock, TX
$85.00
$8,500.00
18 60 EA
Paint four -cubic yard container, add steel tubular -stopper
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$57.00
$3,420.00
Caprock Welding & Supply, Inc. Lubbock, TX
$95.00
$5,700.00
19 630 EA
Replacement pins and lids
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$50.00
$31,500.00
Caprock Welding & Supply, Inc. Lubbock, TX
$65.00
$40,950.00
Total All or None: Items 1-19:
S & H Metal Works & Manufacturing, Inc. Lubbock, TX
$400,850.00
Caprock Welding & Supply, Inc. Lubbock, TX
$619,975.00
No Bid:
Toter, Inc.
Page 2 of 2