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HomeMy WebLinkAboutResolution - 2007-R0029 - Letter Agreement - Commercial Metal - Sale Of Scap Metal - 01_25_2007Resolution No. 2007-R0029 January 25, 2007 Item No. 5.19 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Letter Agreement and any associated documents with Commercial Metal of Lubbock, Texas, for the sale of scrap metal — annual pricing (ITB 06-076-RW), which Letter Agreement and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 25th day of January , 2007. DAVID A. 7111LER, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 0�—E�A� Victor Kilman Director of Purchasing and Contract Management APPROVED AS -TO FORA: Don Van& ver, Attorney of Counsel DDres'Vonmierc is l Metal [ _trAgrce07 Res January 18, 2007 Resolution No. 2007-R0029 January 25, 2007 Item No. 5.19 Office of Purchasing P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 December 19, 2006 Commercial Metal - Lubbock Attn: Dennis McCollum 212 CR 5800 Lubbock, TX 79403 RE: ITB #06-076-RW - SALE OF SCRAP METAL - ANNUAL PRICING Dear Mr. McCollum: COMMERCIAL METAL - LUBBOCK has been awarded the items noted below for Sale of Scrap Metal - Annual Pricing based on your response to the City of Lubbock Invitation to ITB #06-076-RW. 1. This agreement covers the category of items shown below, and no other, during the period beginning December 19, 2006 and ending December 19, 2007. 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: Sale of Scrap Metal 3. COMMERCIAL METAL - LUBBOCK's bid dated November 2'd, 2006 is incorporated into and made a part of this agreement. 4. Prices: As quoted. 5. All invoices shall be directed to: City Of Lubbock Accounts Payable PO Box 2000 Lubbock, Texas 79457 6. The City of Lubbock reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City of Lubbock in the event of breach or default of this agreement. The City of Lubbock reserves the right to terminate this agreement with a thirty (30) day written notice in the event COMMERCIAL METAL - LUBBOCK fails to perform in accordance with their bid dated November 2, 2006. CITY OF LUBBOCK: David A. Miller Mayor APPROVED AS TO CONTENT: Victor Kilman Director of Purchasing Et Contract Management APPROVED AS TO FO- cc: Debra Frankhouser, Solid Waste Dale Stephens, Electric Distribution Bid Folder ATTEST: Rebecca Garza City Secretary Resolution No. 2007-R0029 ITB #06-076-RW, Sale of Scrap Metal SUBMIT TO: CITY OF LUBBOCK CITY OF LUBBOCK, TEXAS Purchasing & Contract Management ift 1625 13`t' Street, Rm 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Randy Wood EMPLOYER #06-076-R i'�'`�' TEL: 806.775.2167 FAX: 806.775.2164 http://pumhasing,ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Sale of Scrap Metal - Annual Pricing November 2, 2006, 3:00 PM CST PRE BID DATE, TIME AND LOCATION: Any bids received aflerlhe Nme and dare Ifsled above, reg"ka oflke mode of 0dober 17, 2006 10:00 AM, Conference Room 204 delivery, shall be returned unopened. ANW: C RESPONDENT:_in LABEL THE OUTSIDE OF YOUR SEALED BID WFI'H THE ITB NUMBER, THE f / / CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE MAILING ADDRESS: r C e "STATEMENT OF NO BID". TY —,STATE �— Z� 11103 THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY fit 7 GT./r� / �C AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO TELEPHONE NO: ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LU13BOCK THAT TIES FAX NO: may' `� — C—� V J REQUEST PERMITS COMPETITIVE BIDS. 1T IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY OR COMBINATIONS THEREOF, e CrnC,G'Jv✓1 ��i§/yJCLp//fisry LANGUAGE, REQUIREMENTS, ETC., ANY INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING ANDPURCHASINGUST BE RECEIVED BY THE LATER THAN FIVE B SINESS DAYS PRIOR TO THE ABOVE DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles p rchased.,MI 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_ O 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, fum, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(&), 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, tide, and interest in and to all causes of action it now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price F ing relating to the particular commodi ) or service urc or by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the � City vendor. An rued 5*nature Title Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 06-076-RWIT815estVaL.doc ITB nob-mb-Rw, Sale of Scrap Metal BID FORM Sale of Scrap Metal - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #06-076-RW In compliance with the Invitation to Bid #06-076-11W, 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 06-076-RW is by reference incorporated in this contract The Bid Form must be completed in blue or black ink or by typewriter. 1. INTRODUCTION: 1.1 This solicitation is issued to provide a ready source for the sale of scrap metal generated by various departments and activities of the City of Lubbock and at various City locations. 1.2 The primary objective of this Invitation to Bid is to secure a qualified contractor to purchase scrap metal materials from the City of Lubbock either picked up by the successful bidder at locations designated by the City's Representative or delivered to the contractor's designated processing site(s) by city personnel. 1.3 For the purpose of this ITB, scrap metal shall be defined as any discarded metal item or material from whatever substance, that may be reclaimed through melting and refining, and the condition of which in its present form makes it unsuitable for any other use. 2. TERM OF CONTRACT: 2.1 The period of this contract shall be for one year contingent upon City Council approval. This contract may be renewed at the expiration of its term by agreement of both parties. Such renewal may be for two additional one-year periods, if agreeable to all parties for a total contract length of three years. 2.2 Notice of Intent to renew will be given to the Contractor in writing by the City Purchasing Manager, normally 60 days before the expiration date of the current contract. (This notice will not be deemed to commit the City to a contract renewal.) 2.3 it should be noted that multiyear contracts may be continued each fiscal year only after funding appropriations and program approval have been granted by the City of Lubbock City Council. In the event that the City of Lubbock City Council does not grant necessary funding appropriation/program approval, then the affected multiyear contract becomes null and void effective October 1 of the fiscal year for which such approvals have been denied. 2.4 This contract shall remain in effect until the expiration date, performance of services ordered, or termination of either party with a thirty (30) day written notice by either party prior to any cancellation. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 06-076-lrwrr88estVat.doc 2 nS #06.-076-RW, Sale of Scrap Metal 3. AUTHORITY TO CONTRACT FOR SALE OF SCRAP METAL: 3.1 Whenever in the judgment of the City of Lubbock City Council such action may be necessary or advisable, they may determine to have the City enter into a contract or contracts for the sale of scrap metal in accordance with the best interest of the City of Lubbock and its citizens. 3.2 The contract shall be for such terms as they may determine, but not to exceed in any instance three (3) years for a non-exclusive contract, and the City Council may authoriu the making on the part of the City of Lubbock one or more contracts and if they determine it necessary, may limit such contract to a certain category of scrap metal, such as copper, aluminum, brass and the like. 4. CITY'S REPRESENTATIVE: 4.1 Whenever the word City's Representative or representative is used in this ITB and in the Contract, it shall be understood as referring to, City of Lubbock, or its representative DEBRA FRANKHOUSE& MANAGER OF COLLECTIONS: or to such other representatives, inspectors or supervisors as may be authorized by the City of Lubbock to act in any particular under the contract. 4.2 Supervisors or inspectors will act for the City under the direction of the City's Representative, but shall not directly supervise the contractor or persons acting on behalf of the contractor. 5. REMOVAL OF CONTRACTOR OWNED EOUIPMENT: The Contractor shall be responsible for rerttoval of Contractor Owned equipment, if any, within five (5) working days after the termination of this contract. 6. PRICES: 6.1 Amounts of other scrap metal, not listed on the Bid Form may be generated by City activities and delivered to, or picked up by, the Contractor. The market price "high" on the date of deliver; to the Contractor's yard, or pickup by the Contractor, will be accepted by the City. "High" shall mean the highest price when a price range is quoted in the American Metal Market Consumer Buying Price. 6.2 Prices quoted by each bidder shall be based on the CONSUMER BUYING PRICE "High" as quoted in the "American Metal Market" on the date of delivery. "High" shall mean the highest price when a price range is quoted in the American Metal Market Consumer Buying Price. 7. SUBMISSION OF BIDS: 7.1 Each bidder must use the attached Bid Form for submitting their bid. RETURN TWO COPIES OF THE COVER SHEET, DULY SIGNED WITH THE CORPORATE SEAL IMPRESSED, IF APPLICABLE, TWO COPIES OF THE BID FORM, AND TWO COPIES OF THE STATEMENT OF COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL ENVIRONMENTAL LAWS KEEPING ALL REMAINING PAGES FOR YOUR FILES. By executing fire Cover Sheen, use bidder acknowledges that he has read this Invitation, understands it, and Wees to its terms and conditions. Bids may be submitted bmail or delivered in person 06-M-RWl 3kaVal.doc 3 ITB #Olro76-Rw, sale of scrap Metal 7.2 Bids received after the time and date prescribed shall not be considered for contract award and shall be returned to the bidder. 8. BID EVALUATION: &I Bid award will be made on an ALL -OR -NONE basis for Items 1 through 12 for scrap metal delivered to the Contractor by the City of Lubbock from the West Texas Regional Disposal Facility at 17304 North FM 2528, and on an ALL -OR -!NONE basis for Item 13 for scrap metal picked up by the Contractor from the City of Lubbock Warehouse, 306 Municipal Drive, and on an ALL -OR -NONE basis for Items 14 through 25 for scrap metal delivered to the Contractor by the City of Lubbock from the Southside Drop-off, 163180 Street. 8.2 8.3 In determining the "highest revenue offered" for material delivered to the Contractor, the location of the Contractor's facility is significant since it affects transportation costs. 8.2.1 For Items I through 12, the location of the West Texas Regional Disposal Facility at 17304 North FM 2528 will be used to determine delivery distance from that point to the Contractor's receiving facility. The location of the Southside Drop-off at I631 84" Street will he used to determine delivery distance from that point to the Contractor's receiving facility for Items 14 through 25. 8.2.2 For bid tabulation and evaluation purposes only, the bids will be tabulated using a distance factor of $3.00 per loaded mile (one way), with an average load of 5 tons, and using the CONSUMER BUYING PRICE "high" as quoted in the "American Metal Market" and in effect on the close date of the ITB. The distance factor will be deducted from the amount of revenue bid as the cost of delivering the materials to the Contractor. An example follows: Bidder A Bids $23.00 revenue per ton (Consumer Burying Price plus/minus bid per ton) Receiving facility is located 20 riles from point of reference. Bidder B Bids $20.00 revenue per ton (Consumer Buying Price pius/minus bid per ton) Receiving facility is located 5 miles from point of reference Bidder A 20 miles x $3.00/loaded mile 60.00 5 tons x $23.00/ton = $115.00 $115.00 _ 60.00 $ 55.00 Bidder B 5 miles x $3.00/loaded mile 15.00 5 tons x $20.00/ton = $100.00 $100.00 - 15.00 $ 85.00 Using the delivery distance factor, as shown in the above sample, Bidder B would be award the contract despite the lower Bid price. The award for material picked up by the Contractor will be based on the best net revenue and/or least cost to the City. For purposes of providing an example, each pickup will be assumed to be no less than five (5) tons. The following formula will be used to determine the bid award. 0"76-R1VirMOAVal.doc 4 [TB #06-076-RW, Sale of Scrap Metal $ Per ton x 5 tons = total revenue per load $ Less the cost to pick up the material Example: Bidder A bids $10.00 a ton for the material and provides the pickup free of charge. Bidder B bids $20.00 a ton and charges $80.00 per pickup. Bidder A $10.00/ton x 5 tons == $50.00 minus pickup, charge - 0.00 Net paid to City = $50.00 Bidder B $20.00/ton x 5 tons = $100.00 minus pickup charge - 80.00 Net paid to City = $20.00 The award, based on the formula, would go to Bidder A despite the initial low bid per ton of material. 9. ORDER OF PRECEDENCE: In the event of conflict, the Specifications of the Invitation For Bid shall take precedence over the Instructions to Bidders included herein. 10. DELIVERY/PICK-UP PERFORMANCE: 10.1 In the case of scrap metal delivered to the Contractor's yard by City of Lubbock, the Contractor must provide a licensed weigh*facility+. Deliveries will be made by City of Lubbock, Monday through Friday, except holidays, between the hours of 8:00 A.M. and 3:30 P.M. 10.2 In the case of se metal picked up by the Contractor, the City representative, will notify the Contractor by telephone to make a pickup. The Contractor shall make pickup within 48 hours (two business days) after notification. 11. WEIGHT TICKETS: 11.1 When scrap metal is delivered to the Contractor's yard by City of Lubbock, the Contractor must furnish certified weight tickets both to the driver of the vehicle and to the City's Representative for each load, and must indicate on each weight ticket the name of the City Department making the delivery and the City vehicle number. The City's Representative reserves the right to verify weights at a control facility selected by the City's Representative. If a discrepancy exists between the weight at the Contractor's facility and the control facility, the weight at the control facility shall prevail in determining payments. 11.2 When scrap metal is picked up by the Contractor, the truck must be weighed in and out at a weigh facility. At the time of pickup, the Contractor shall furnish a certified weight ticket for each load picked up. Each ticket must indicate the City Department and the Department's location (address) of the pickup, the date, time and weights (gross, tare, and net). The Contractor must provide equipment capable of making container pickup without re -handling of the scrap metal. 11.3 The Contractor's facility shall have the ability to handle the automated unloading of standard refuse and recycling vehicles, including roll-offiroll-on containers and tractor -trailer units, without 06-076-Rwn-B9estval.doc rrB #06-076-RW, Sale of Scrap Metal undue delay. UNDER NO CIRCUMSTANCES SHALL THE CONTRACTOR LEVY AN UNLOADING FEE ON THE CITY. 12 PAYMENT PROCEDURE: 12.1 The Contractor shall submit to the City's Representative and to each City Department a monthly summary statement referencing the contract, listing the weight ticket numbers, dates, lbs., tonnage and City Department. The summary statement shall also cover revenue for pickups and/or deliveries and any pickup fees made during the term of the contract_ The summary L4kment must be accompanied by one c9Z of all weight tickets and a Bogy of the appropriate page of the "American M§W Market" designating the price during the time which deliveries were made. 12.2 Payment, for the net amount, shall be made by the I& of the following month, by check made payable to the City of Lubbock. individual checks shall be sent to each City Department for the amount of scrap metal sold to the contractor, along with a statement of the type of metal sold, and the tonnage. 13 PICKUP LOCATIONS/CONTAMER PLACEMENT 13.1 As determined by the City's Representative, the City shall furnish sufficient quantities of containers for various categories of scrap metal included in Item 13 shown on the Bid Form at the following location: 13.1.1 City Warehouse, 306 Municipal Drive 13.2 Containers shall be placed by the City in an area at the location that is unobstructed and is accessible to the Contractor's truck making the pickup. City personnel will notify the Contractor to make the pickup. 14. HAZARDOUS SUBSTANCE DISPOSAL: 14.1 Disposal of any substances classified by the Environmental Protection Agency (EPA) as hazardous, shall be consistent with EPA requirements. 14.2 City of Lubbock shall remove capacitors containing polychlorinated biphenyls (PCB's) from white goods prior to the delivery to Contractor's yard or being picked up by the Contractor. W076-RWrTBBestVal.doc 6 ITB #06-076-RW, Sale of Scrap Metal BID FORM Sale of Scrap Metal CITY OF LUBBOCK, TEXAS In compliance with the Invitation to Bid # D16.076" W 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 Sale of Scrap Metal listed below and agrees to purchase said items at the locations and for the prices set forth on this form. Invitation to Bid # Z ,014- reference incorporated in this contract. SCRAP METAL DELIVERED TO THE CONTRACTOR'S YARD BY CITY OF LUBBOCK SCRAP IRON AND STEEL — loose (Tin food and beverage cans (To be bid on the basis of the CONSUMER BUYING PRICE for #2 HEAVY MELT at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US per gross ton OR Minus $US er gross ton Delivery point (Address, Contact and Phone No.) Co kn 1+? t' JL C , •;L-1 M-e4o,- � L 1fi`Jvcf 2!yy3 �aF'/�'r/.5 �L'1 f evlla4, Distance from West Texas Regional Disposal Facility to delivery point: / J miles 2. USED BEVERAGE CONTAINERS — (Aluminum): (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICF�� Plus $US ! �Q per OR Minus $US per le i° Delivery ipoint (Address, Contact and Phone No.) Distance from West Texas Regional Disposal Facility to delivery point: 1-3 miles CAST ALUMINUM SCRAP — Sign post bottoms: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE 06-076-RWrFBBeatVatA0C 7 11 I Plus $US / /s5 per pound OR Minus $US per pound Delivery_point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance front West Texas Regional Disposal Facility to delivery point: ITB #06-076-RW, Sale of Scrap Metal Y 3 miles 4. SCRAP COPPER - INSULATED/DIRTY: (To be bid on the basis of the average CONSUMER BUYING PRICE for NO. 2 HEAVY COPPER AND WIRE at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US per pound OR Minus $US /♦ 00 per pound Delivery point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, LubbockTX Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 5. S P'COPPER - BARE: (To be bid on the basis of the average CONSUMER BUYING PRICE for NO. I HEAVY COPPER AND WIRE at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US v / Z- per pound OR Minus SUS per pound Delivery poin (Address, Contact and Phone No.) ercial Metals -Lubbock, interstate 27, LMOCK Distance from West Texas Regional Disposal Facility to delivery point: 06-076-RWrrBBestV&.doc 8 miles ITB #06-076-Rw, Sale of scrap Metal 6. SCRAP ALUMINUM WIRE - Clean (bare) ACSR: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US S, n .5"" per pound OR Minus $US per pound Delivery mint (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 7. SCRAP ALUMINUM —DIRTY (street light heads): (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US per pound OR Minus SUS®1_a'7_ _ per pound Delivery mint (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 8. CLEAN ALUMINUM - (Blank signs, usW signs, with all screws removed): (To be bid on the basis of the CONSUMER BUYING PRICE for at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) oo CONSUMER BUYING PRICE �I D Plus $US0__ per pound OR Minus $US per pound Delivery point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 06-076-RWtTBBestVaA.doc 9 ITB #0&076-RW, Sale of Scrap Metal 9. SCLAP ALUMINUM WIRE (URD) red stripe. (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market' on the date of delivery.) CONSUMER BUYING PRICE Plus $US per pound OR Minus SUS ,w per pound Delivery point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance from West Texas Regional Disposal Facility to delivery point. 13 miles 10. SCRAP ALUMINUM WIRE -INSULATED: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market' on the date of delivery.) CONSUMER BUYING PRICE Plus $US e O ✓ per pound OR Minus $US per pound Delivery point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance from West Texas Regional Disposal Facility to delivery point: �3 _ miles 11. SCRAP ALUMINUM SIGNS: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $USIf 10 per pound OR Minus $US per pound Delive int (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance from West Texas Regional Disposal Facility to delivery point: _ miles 06-076-RWITBBestVal.63c 10 ITB 906-076-RW, Sale of Scrap Metal 12. SCRAP BRAS METERS: (To be bid on the basis of the CONSUMER BUYING PRICE for YELLOW BRASS SOLIDS at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US per pound OR Minus $US ,o �, per pound Deliverypoint (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance from West Texas Regional Disposal Facility to delivery point: 13 miles SCRAP METAL PICKED UP BY THE CONTRACTOR FROM; City Warehouse yard, 306 Municipal Drive 13. ALUMINUM & CAST ALUMINUM SCRAP — CLEAN (Traffic signal arms, street light poles): (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US i I per pound OR Minus $US per pound Pick Up Charge: $ T6V__ SCRAP METAL DELIVERED TO THE CONTRACTOR'S YARD BY CITY OF LUBBOCK 14. SCRAP IRON AND STEEL — loose (Tin food and bevera eg cans): (To be bid on the basis of the CONSUMER BUYING PRICE for 42 HEAVY MELT at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US per gross ton OR Minus $US �7• per gross ton Delivery point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX os-ore-eWrrsllescval.doc 11 ITB #06-076-RW, Sale of Scrap Metal Distance from Southside Drop-off Center at 1631 84"' Street to delivery point: miles 15. USED BEVERAGE CONTAINERS — (Aluminum): (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRI y� Plus $US ♦ 2-3 per 1 OR Minus $US per L12urk Delivery point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, 1 ifh_ hnrkTX Distance from Southside Drop-off Center at 1631 84s' Street to delivery point: miles 16. CAST ALUMINUM SCRAP -- Sitan post bottoms: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $U(f S ♦ % O per pound OR Minus $US per pound Delivery point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance from Southside Drop-off Center at 1631 84`h Street to delivery point: --� -- miles 17. SCRAP COPPER - INSULATED/DIRTY: (To be bid on the basis of the average CONSUMER BUYING PRICE for NO. 2 HEAVY COPPER AND WIRE at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS per pound OR Minus SUS per pound Delivery_point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX 06-076-RWrr5BestVa1.doc 12 1TB #06-076-RW, We of Scrap Metal Distance from Southside Drop-off Center at 163180 Street to delivery point: -- -� miles 18. SCRAP COPPER - ARE: (To be bid on the basis of the average CONSUMER BUYING PRICE for NO. I HEAVY COPPER AND WIRE at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $USq per pound OR Minus $US per pound Delivery point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27 Lubbock. TK Distance from Southside Drop-off Center at 1631 84 h Street to delivery point: miles 19. SCRAP ALUMINUM WIRE - Clean (bare) ACSR: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US_ , 0 D_ _ per pound OR Minus $US per pound Deliver point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance from Southside Drop-off Center at 1631 84 h Street to delivery point: miles 20. SCRAP ALUMINUM —DIRTY (street light heads): (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US per pound OR Minus $US w Z 5 per pound Delivery Point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance from Southside Drop-off Center at 1631 84" Street to delivery point: 06-076•RWrr88mtVal.doc 13 miles ITB #06-076-RW, Sale of Scrap Metal 21. CLEAN ALUMINUM - (Blank silms, used signs, with all screws removed): (To be bid on the basis of the CONSUMER BUYING PRICE for at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Qr� uWj :/Uc�tn G,Gj trx,7— Plus $US #09 per pound OR Minus $US per pound Delivery Win t (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27 1 lihhnrk TX Distance from Southside Drop-off Center at 1631 84'h Street to delivery point: /L/ miles 22. SCRAP ALUMINUM WIRE (URD) red stripe: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US per pound OR Minus SUS r L O �J per pound Delivery point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock,_ TX Distance from Southside Drop-off Center at 163180 Street to delivery point: �__— miles 23. SCRAP ALUMINUM WIRE -INSULATED: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US C 0 per pound OR Minus $US per pound Delivery point (Address, Contact and Phone No.) Commercial Metals -Lubbock, Interstate 27, Lubbock, TX Distance from Southside Drop-off Center at 1631 84s' Street to delivery point: lmiles 06-076-RwrrNestval.doc 14 ITB 406-076-RW, Sale of Scrap Mete) 24. SCRAP ALUMINUM SIGNS: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS .017, per pound OR Minus $US per pound Delivery point (Address, Contact and Phone No.) COMMercial Metals -Lubbock, Interstate 27, Lubhnrk TX Distance from Southside Drop-off Center at 1631 84`h Street to delivery point: _ miles 25. SCRAP BRASS METERS: (To be bid on the basis of the CONSUMER BUYING PRICE for YELLOW BRASS SOLIDS at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS per pound OR Minus SUS r % 6 per pound Deliver point (Address, Contact and Phone No.) Crj- "1 ?rfl 'jP �a�?} 5.I l'„t~'f'cif, ^`..?res !n 27, Luba ,I -. �t7 Distance from Southside Drop-off Center at 163 184d' Street to delivery point: 06•076-RWMN1estya1.doc 15 miles ITB #06-076-Rw, Sale of Scrap Metal Sale of Scrap Metal - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #06-076-RW 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. 1. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Sale of Scrap Metal - Annual Pricing per the attached specifications. Sealed bids will be received no later than 3:00 p.m. CST, November 2, 2006, 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: '11TB #06-476- RW," Sale of Scrap Metal - 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: Marta AIvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form most be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a ore bid meeting will be held at 10:00 A.M., Qgtobgr 17. 2006, in Conference Room 204, Lubbock. Texas. All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre -bid meetings are available to all persons regardless of disability. if you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. W076-RWtrBBestVal.doc 16 IT13 #06-076-RW, Sale of Scrap Meta[ 3 CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's responsibility to advise the City of Lubbock Purchasing Mana eg r if any language. requirements. etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Randy Wood, Senior Buyer City of Lubbock 1625 13" Street Lubbock, Texas 79401 Fax: (806)775-2164 RFPDepot: http://www.RFPdepot.com ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http:r'/www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours In advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Internet at h"://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 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. The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY". 06-076-RWITNestval.doc 17 ITB #06-076-RW, Sale of Scrap Metal 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.P. delivered and include all delivery and ca�kWjng 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 he 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 ail 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. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT TI 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. 7.2 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. 7.3 Marking your entire bid CONFIDENTiAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 9 LICENSES, PERMITS, TAXES 8.1 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. 06.076-RWFT8BestVaL. doc 18 ITB #06-076-RW, Sale of Scrap [Metal HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 9.1 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. 9.2 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. 10 CONFLICT OF INTEREST 10.1 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. 10.2 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. 11 AUTHORIZATION TO BIND SUBMITTER OF BID 11.1 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. 11.2 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. 12 BID AWARD 12.1 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. 12.2 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. 12.3 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. 12.4 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. 06-076-Rwrr3Restva1.doc 19 ITH #06-076-RW, Safe of Scrap Metal 12.5 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. 12.6 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 Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 12.7 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. 12.8 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. I2.9 The Contract period shall be for a period of two (2) years subject to one (1) additional year renewal. 13 EQUAL EMPLOYMENT OPPORTUNITY 13.1 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. 14 SPECIFICATIONS 14.1 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. 14.2 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. 14.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee wil I be the sole determiner of what constitutes a minor deviation, 14.4 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. I4.6 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. 14.7 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-tiycle 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. 06.076-RWrrNestval.doc 20 ITB #06-076-RW, Sale of Scrap MeW 15 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 15. i Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. 15.2 This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. 15.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 16 QUALIFICATIONS OF BIDDERS 16.1 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. 16.2 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. 17 ANTI -LOBBYING PROVISION 17.1 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. 17.2 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 bidders bid. 06-076-RWfrNestft.dac 21 ITB t106r076-RW, Sale of Scrap Metal is UTILIZATION OF LOCAL BUSINESS RESOURCES 18.1 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. 19 PROTEST 19.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 19.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid We want to facilitate your participation so that all responsible vendors can compete for the City's business .41vards should be made approximately two to sir weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2165. 06-076-RW ITBEestVaL doc 22 rM #06-075-RW, Sale of Scrap Metal 11. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and became a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. 1 iti : 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 arty and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. 3 Inv i s: 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 arty, 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.D. 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 Delivgry 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. > Q 3k4ffW1y fy 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 Isle. 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. 6 'tics: 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. 7 Wluranty-Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller wan -ants 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 oe-azs-kwrresestvas.doc 23 • . . r M #006-076-RW, Sale of Scrap Metal 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 Seiler for breach or Seller's actual expenses. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. S Cancgilgtion: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder. 9 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 10 Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 1 I Force Majeure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 12 Assignment -Del ion: 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 Seiler shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 13 Waiver. No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 14 Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 15 Ap lieahle 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. l6 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 Contram 17 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such W076-RW ITBBestvai, doc 24 tTB #06-076-RW, Sale of Scrip Metal action, the Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 18 Nonap2roosriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. if at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 19 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the coot -act. 20 Silenpe of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 21 Environmental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and • incorporate into project design energy efficient fixtures, appliances and mechanical equipment. 06-076-Rwrrssestval. d« 25 rFB #06-076-RW, Sale of Scrap Metal 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: Marta Alvarez, 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 products or equivalent. (If you wish to remain on bidders list for other commodities and/or services, please state particular product and/or service under which you wish to be classified) Our product schedule would not permit us to perform. Unable to meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please specify below) REMARKS: Company Address: City: State: Zip Contact Name: Title: Business Telephone Internet Address: Company's Internet Web Page 0"76-RWrr8MtVat.doc 26 FAX: ITB #06-036-RW, Sale of Scrap Metal SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY N CD of L kL.:F_C_yC_J1 I Signature of Company Official: Date Printed name of company official signing above:5 06-076-awnWwstvat.doc 27 ITB #06.-076-RW. Sale of Scrap Metal City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder, or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 I P Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: Local Address (must be within the City limits): Address of the company's principal place of business within the United States: 1. How many residents of the City of Lubbock are employed at the above business location?. 2. Year your business was established in the City of Lubbock: 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: Company Name and Address (as it appears on permit): 4. Does your business have more than one office in the State of Texas? Yes No If Yes, identify the office location oonsidered as the point -of sale credit for sales tax proposes: 5. Was the local business required to pay business and/or real property tax for the most recent tax year? Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) year, Authorized Signature: Printed Name and Title: 06-076-RWrMestVal. doc 28 Date: THE STATE OF TEXAS CX 1 Q. U1 e. tij COUNTY OF LUBBOCK I 9�nei1��'E 110110 1�OZ�-�=t I ZdAi t EE ND.NSi t�NO. Before me Ashley C. McGeha a Notary Public in and for Lubbock County, Texa M �r iTr L • LU KWK'tNGTHE • FOLLOWING CHANGES: day personally appeared Krista Ramirez of the Southwestern NewsF=oN �CASE N0.199sN1 A 20NING CHANGE FROM A•1 TO C•9 ZONING ON 644 Corporation, publishers of the Lubbock Avalanche -Journal -Morning and Sunday who being by me du AnnRioSOUT of SECTION 2, BLOGK I did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior to th pRovIDICt3G TEXAS; did�J PR041CI NG A SA41NG5 insertion of this Legal Notice CLAUSE ANC PROVIDING FOR PUBLICATION. SECTION 2. THAT vlofotion No. at Lubbock County Texas and the a of ade orovlslon of this Ordinance shall be deemed a i mtaderneonor punishable by fine not to exceed Two Thousand and NW100 Dlnlars printed copy of the Legal Notice is a true copy of the original and was printed in the L, , of Avalanche-Joumal on the following dates. �k'� ¢ �2 NCO-] 3 I _-11 id 1A Inside Sales Manager LUBBOCK AVALANCHE -JOURNAL Morris Communication Corporation Subscribed and sworn to before me this NOTARY PU iC in and for the State of Texas my commission Expires 311512010 ;�j day of -4 ASHLEY C MCGAHA �`�y,NT FORM 58-10 r`'� Notary Public, State o1 Texas My Commission Expires March 15, 2010