HomeMy WebLinkAboutResolution - 2004-R0360 - Letter Of Award For Police Department Uniforms - Red The Uniform Tailor - 07_15_2004 (2)Resolution No. 2004—RO360
July 15, 2004
Item No. 47
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Letter of Award for police
department dress uniforms -annual pricing, by and between the City of Lubbock and Red
The Uniform Tailor of Lakewood, NJ, 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 July' , 2004.
C MCDQVGAL, MAYOR
ATTEST:
cu'-e—C Z ,
keb cca Garza, City Secretary `�K�
APPROVED AS TO CONTENT:
vt�)� -
Victor Ki*m, urchasing Manager
APPROVED AS TO FORM:
y .
Ass' tan it)
Attorney
gs/ccdocs/Ltr of Award -Red The Uniform Tailor.res
June 30, 2004
Resolution No. 2004-RO360
July 15, 2004
Item No. 47
Office of
July 15, 2004 Purchasing
P.O. Box 2000
Lubbock. Texas 79457
(806) 775-2167 • Fax (806) 775-2164
PATRICIA KLEIN
RED THE UNIFORM TAILOR
4750 BERLIN AVE SOUTH
LAKEWOOD NJ 08701
RE: ITB #091-04/13M — POLICE DEPARTMENT DRESS UNIFORMS — ANNUAL PRICING
Dear Ms. Klein:
RED THE UNIFORM TAILOR has been awarded the items noted below for Police Department
Dress Uniforms - Annual Pricing based on your response to the City of Lubbock Invitation to BID #091
04/BM.
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. RED THE UNIFORM TAILOR bid dated June 22, 2004 and the City's ITB# 091-04/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
Lubbock, Texas 79457
;CITY OF LUB CK: APPROVED AS TO CONTENT: McDougal Dale Holton
Mayor Assistant Chief of Police
ATTEST: APP ED AS TO F M:
ebe ca Garza rn
City Secretary
cc: Bid Folder
Vendor File
Prepared by Purchasing Department for July 15, 2004 City Council Meeting
Advertised: 5/23/04 & 05/30/04
POLICE DEPARTMENT DRESS UNIFORMS - ANNUAL PRICING
Prebid: 06/08/04
Police Department
Closed: 06/24/04
ITS #091-04/BM
Bid Item QTY
U/M
DescriptionNendor(s)
Vendor Location
Unit Cost
Total Amount
1 270
EA
Male Uniform Shirt, Dress, Long Sleeve, o
Wool
Bazaar Uniform & Men's Store'
E/ Paso, TX
$82.99
$22,407.30
Red the Uniform Tailor*
Lakewood, NJ
$89.50
$24,165.00
2 30
EA
Female Uniform Shirt, Dress, Long Sleeve, 100% Wool
Bazaar Uniform & Men's Store*
E/ Paso, TX
$82.99
$2,489,70
Red the Uniform Tailor*
Lakewood, NJ
$89.50
$2,685.00
3 270
EA
Male Uniform Trousers, Dress 100% Wool
Red the Uniform Tailor*
Lakewood, NJ
$72.50
$19,575.00
Bazaar Uniform & Men's Store*
E/ Paso, TX
$84.99
$22,947.30
4 30
EA
Female Uniform Trousers, Dress 100% Wool
Red the Uniform Tailor*
Lakewood, NJ
$72.50
$Z 175.00
Bazaar Uniform & Men's Store*
E/ Paso, TX
$84.99
$2,549.70
Total All or None, Items 1-4:
Red the Uniform Tailor"
Lakewood, NJ
$48,600.00
Bazaar Uniform & Men's Store*
El Paso, TX
$50,394.00
No Bid:
Area Wide Medical, Inc.
Blue Star Sportswear, Inc.
Galls, Inc.
*This bidder has agreed to sell this item to other
governmental entities
that have
cooperative purchasing agreements with the City of Lubbock.
Page 1 of 1
Resolution No. 2004—RO360
July 15, 2004
Item No. 47
Office of
July 15, 2004 Purchasing
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 • Fax (806) 775-2164
PATRICIA KLEIN
RED THE UNIFORM TAILOR
4750 BERLIN AVE SOUTH
LAKEWOOD NJ 08701
RE: ITB #091-04/BM — POLICE DEPARTMENT DRESS UNIFORMS — ANNUAL PRICING
Dear Ms. Klein:
RED THE UNIFORM TAILOR has been awarded the items noted below for Police Department
Dress Uniforms - Annual Pricing based on your response to the City of Lubbock Invitation to BID #091-
04/BM.
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. RED THE UNIFORM TAILOR bid dated June 22, 2004 and the City's ITB# 091-04/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
Lubbock, Texas 79457
CITY OF LUB CK: APPROVED AS TO CONTENT:
a McDougal Dale Holton
Mayor Assistant Chief of Police
ATTEST: APP (ED AS TO F M:
ebe ca Garza n
CitySecretary
cc: Bid Folder
Vendor File
Prepared by Purchasing Department for July 15, 2004 City Council Meeting
Advertised: 5/23/04 & 05/30/04
POLICE DEPARTMENT DRESS UNIFORMS - ANNUAL PRICING
Prebid: 06/08/04
Police Department
Closed: 06/24/04
ITB #091-04/BM
Bid Item QTY U/M
Description/Vendor(s) Vendor Location
Unit Cost
Total Amount
1 270 EA
Mae Uniform Shirt, Dress, Long Sleeve, 100% Wool
Bazaar Uniform & Men's Store* El Paso, TX
$82.99
$22,407.30
Red the Uniform Tailor* Lakewood, NJ
$89.50
$24,165.00
2 30 EA
Female Uniform Shirt, Dress, Long Sleeve, 100% Wool
Bazaar Uniform & Men's Store* El Paso, TX
$82.99
$2,489. 70
Red the Uniform Tailor* Lakewood, NJ
$89.50
$2,685.00
3 270 EA
Male Uniform Trousers, Dress 100% Wool
Red the Uniform Tailor* Lakewood, NJ
$72.50
$19,575.00
Bazaar Uniform & Men's Store" El Paso, TX
$84.99
$22,947.30
4 30 EA
Female Uniform Trousers, Dress 100% Wool
Red the Uniform Tailor* Lakewood, NJ
$72.50
$9,175.00
Bazaar Uniform & Men's Store* El Paso, TX
$84.99
$2,549.70
Total All or None, Items 1-4:
Red the Uniform Tailor* Lakewood, NJ
$48,600.00
Bazaar Uniform & Men's Store* El Paso, TX
$50,394.00
No Bid:
Area Wide Medical, Inc.
Blue Star Sportswear, Inc.
Galls, Inc.
*This bidder has agreed to sell this item to other governmental entities that have
cooperative purchasing agreements with the City of Lubbock.
Page 1 of 1
ITB 0091-041BM, Police Department Dress Uniforms -Annual Pricing
SUBMIT TO:
CITY OF LUBBOCK
ft
CITY OF LUBBOCK, TEXASPURCHASING
DEPARTMENT
it
1625 13TH STREET, RM L04
LUBBOCK, TX 79401-3830
AN EQUAL
OPPORTUNITY
INVITATION TO BID
CONTACT PERSON:
Bruce MacNair
EMPLOYER
#09 1 -04/BM
TEL: 806.775.2167
FAX: 806.775.2164
http://purchasing.cl.lubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
Police Department Dress Uniforms -Annual Pricing
June 24, 2004 (F 2:00 PM CDT
PRE BID DATE, TIME AND LOCATION: June 8, 2004 ® 9:00 AM, Police
Any bids received altar the time and dote Iabove,
regardless of the mode of dabe rllvrry, shall be returned
Patrol Division Conference Room, 916 Texas Avenue, Lubbock, TX
unopened.
RESPONDENT NAME:
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER,
Th,Q ' ,1
THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND
ADDRESS.
(LING ADDRESS:
¢�
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
14 0.6J c.:+"
"STATEMENT OF NO BID".
CITY - STATE - ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND
:�.cc, � "' "
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:
5 G t , -
ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE
CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS REQUEST
FAX NO:
PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE
C
THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE,
REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY
E-MAIL:__-,
"'
k- i� L� }'
RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE
& < r
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. PR SOCIAL S CURITY NO.
DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA:
#1AL- #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 Texas for price fixing relating to the particular commodity(s) or service is) purchased or acquired by the City of
Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the
vendor.
Authorized Signature
r
Print/Type Name
Title
Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
ITBA091-04/BM.doc
ITB #091-04/8M, Police Department Dress Uniforms -Annual Pricing
BID FORM
Police Department Dress Uniforms -Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 091-04/BM
In compliance with the Invitation to Bid #091-04fBM, 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 # 091.04/ BM is by reference incorporated in this contract. The
Bid Form must be completed in blue or black ink or by typewriter.
UNIT OF
UNIT PRICE'
Extended
Delivery
ITEM
QTY
MEASURE
DESCRIPTION
BID
Cost
Days
a
b
c
d
e
f=bxe
ARO"
1.
270
Each
Male Uniform Shirt, Dress Long Sleeve, 100% Wool as
`Z
specified herein.
2.
30
Each
Female Uniform Shirt, Dress Long Sleeve, 100% Wool
$
asspecified herein.
3.
270
Each
Male Uniform Trousers, Dress, 100% Wool as specified
$
herein.
4.'
30
Each
Female Uniform Trousers, Dress, 100% Wool as
specified herein.
s
TOTAL Bid Items 1 through 4: All or NONE
$
*PRICE: F.O.B. City of Lubbock "Days After Receipt of Order (ARO)
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net — calendar days. Discounts will
not be considered in determining low bid. Unless otherwise indicated on the Bid Fo , payment terns will be NET THIRTY DAYS. The
City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever
event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted
as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of
acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be
considered.
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 Interiocal 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 v)(1, NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing interiocal 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 �: r-' i I h C �.l_rL i �` r Yyl �I roc k a corporation organized under the laws
of the State of JLY �_. Sr •: << <j or a partnership consisting of
or an individual trading as V of the City of
Firm:
Address:
City: 4-- k' C c� l State: { Zip`
MAYBE Firm: Woman Black American Native American
Hispanic American Asian Pacific American Other ( if )
IT13#091-04/13M.doc 2
ITB #091-04I121M, Police Department Dress Uniforms -Annual Pricing
By
sign by hand
J _
Officer Name and Title: r 14 rL L C ( < < i` f� i YL
Please Print
Business Telephone Number
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
Date of Award by City Council (for bids over S25,000): 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.
IT1111/091.04/BM.doc 3
Christine Todd Whitman
Governor .
GuaiberMedina
CEOISecre rary
CERTIFIED
Ely dis
NEW ,JERSEY CObn-RCE & ECONOMIC GROWTH CoNu assiw
OFFICE OF DEVEAFI-IFNT FOR $MALT. BUSINESS
AND WOMEN AND MINORITY BUSINESSES
under the
UNUEFD CERTIFICATION ACT
This certificate acknowledges RED THE =FORM TAYLOR INC
number 222143664 is a WOMEN BUSINESS ENTERPRISE (WBE)
owned and controlled company which has met the criteria
established by New Jersey Public Law 1986, Chapter 195 (The
Unified Certification Act) .
This certification will remain in effect for one year from
the date of this notice. Not more than 20 days before or 10
days after the expiration of this initial certification
notice you must submit an Annual Verification Statement
attesting that the ownership and control of the business, or.
which this certification is granted, has not changed. This
office must be notified w=thin 20 days - of any material
changes in the business which affect ownership and control.
Failure to do so will result in an immediate revocation of
this- certification and/or i=posi.tion of other sanctions.
You will not be required to submit another Unified
Certification Application for a period of 5 years. Please
reference the above certification number on all
correspondence directed to this office.
David
Direc r
s
Fanci J. Guidora
Ada inis=or
Issued: V
' 6/1/99 E cation: 5/31/2004
ITB #091-04/BM, Police Department Dress Uniforms -Annual Pricing
Police Department Dress Uniforms -Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB # 091-04 / 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 Et DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Police
Department Dress Uniforms -Annual Pricing per the attached specifications. Sealed
bids will be received no later than 2:00 p.m. CDT, June 24, 2004, if date/time stamped
on or before 2:00 PM 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 #091-04/BM, Police
Department Dress Uniforms -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 9:00 AM, June 8, 2004, in the Police
Patrol Division Conference Room 916 Texas Avenue Lubbock Texas All persons
attending the conference will be asked to identify themselves and the prospective
bidder they represent.
ITB#091.04/BM.doc
ITB #091-041BM, Police Department Dress Uniforms -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 persons 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 & 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#091-04A M.doc
ITB #091-04/BM, Police Department Dress Uniforms -Annual Pricing
4.4 The City does not assume responsibility for the receipt of any addendum sent to
bidders.
5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself
with all requirements prior to submitting a bid to ensure that the goods and/or services
being bid meet the intent of these specifications.
5.2 Before submitting a bid, each bidder shall be responsible for making all investigations
and examinations that are necessary to ascertain conditions and requirements affecting
the requirements of this Invitation to Bid. Failure to make such investigations and
examinations shall not relieve the bidder from obligation to comply, in every detail,
with all provisions and requirements of the Invitation to Bid.
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 items) 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.
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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.
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11.2 By signing and executing this bid, the bidder certifies and represents to the City the
bidder has not offered, conferred or agreed to confer any pecuniary benefit or other
thing of value for the receipt of special treatment, advantage, information, recipient's
decision, opinion, recommendation, vote or any other exercise of discretion concerning
this bid.
12 AUTHORIZATION TO BIND SUBMITTER OF BID
12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by
an officer of the company authorized to bind the submitter to its provisions. Person
signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure
to manually sign bid will disqualify it.
12.2 The bid submitted by the bidder shall become an integral part of the contract between
the City and the Bidder and the representations, covenants, and conditions therein
contained shall be binding upon the person, firm or corporation executing the same.
13 BID AWARD
13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder
who provides goods or services at the best value for the City of Lubbock. In determining
the best value for the City of Lubbock, the City may consider:
a) The purchase price;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City;
f) The impact on the ability of the City to comply with laws and rules relating to
contracting with Historically Underutilized Businesses and non-profit organizations
employing persons with disabilities;
g) The total long-term cost to the City to acquire goods or services; and
h) Any relevant criteria specifically listed in the Invitation to Bid.
13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular
item on a bid, and to waive immaterial formalities and to accept the offer most
advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified
herein, the City may award the bid either item -by -item or on an all -or -none basis for
any item or group of items shown on the Bid Form.
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
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Labor Standard Act, Equal Opportunity Employment Act, and all other applicable
Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
13.7 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
bidder's name and address. At bidder's request and expense, the sample(s) not
destroyed or used in examinations and testing will be returned.
15.5 When specifications call for samples to be submitted, samples shall be delivered by the
bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be
clearly tagged to show bidder's name and address and item number.
15.6 The City of Lubbock reserves the right to determine which specific items on any
specification requirements require strict adherence, or are most important, and those that
are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less
important than the horsepower of a motor). Such determination can and will be a basis
for evaluating, recommending and making award. The City will, at its sole discretion,
assess warranty offered, and utilize life -cycle costing and/or performance factors as
the evaluation method and basis for award. The low bid most closely meeting
specifications is usually the bid given the award, although delivery time is sometimes a
necessary factor (i.e., a low bid that best meets specifications will not do us much good
if delivery is two years from now). Should a requested specification sheet not be
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submitted with a bid, this is considered non -responsive and therefore may not be
considered. PLEASE READ AND RESPOND TO SPECIFICATION REQUIREMENTS CAREFULLY.
16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
16.1 Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or
personal property that is not affixed to real property, if the City receives one or more
bids from a bidder whose principal place of business is in the City of Lubbock and whose
bid is within three percent (3%) of the lowest bid price received by the City from a
bidder who is not a resident of the City of Lubbock, the City may enter into a contract
with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the City of Lubbock if the City
Council determines, in writing, that the local bidder offers the City the best
combination of contract price and additional economic development opportunities
for the City of Lubbock created by the contract award, including the employment
of residents of the City of Lubbock and increased tax revenues to the City of
Lubbock.
16.2 In order to receive consideration, bidders must submit an Affidavit of Eligibility.
17 QUALIFICATIONS OF BIDDERS
17.1 The Bidder may be required before the award of any contract to show to the complete
satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the
necessary facilities, ability, and financial resources to provide the service specified
therein in a satisfactory manner. The Bidder may also be required to give a past history
and references in order to satisfy the City of Lubbock in regard to the Bidder's or his
Subcontractor's qualifications.
17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper
to determine the ability of the Bidder or his Subcontractor to perform the work, and
the Bidder shall furnish to the City of Lubbock all information for this purpose that may
be requested. The City of Lubbock reserves the right to reject any bid if the evidence
submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the
Bidder or his Subcontractor is properly qualified to carry out the obligations of the
contract and to complete the work described therein. Evaluation of the Bidder's or his
Subcontractor's qualifications shall include:
a) The ability, capacity, skill, and financial resources to perform the work or provide
the service required;
b) The ability of the Bidder or his Subcontractor to perform the work or provide the
service promptly or within the time specified, without delay or interference;
c) The character, integrity, reputation, judgment, experience, and efficiency of the
Bidder or his Subcontractor;
d) The quality of performance of previous contracts or services.
18 ANTI -LOBBYING PROVISION
18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS,
INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR
PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF
EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR
PRESENTATIONS, UNLESS REQUESTED BY THE CITY.
18.2 This provision is not meant to preclude bidders from discussing other matters with City
Council members or City staff. This policy is intended to create a level playing field for
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all potential bidders, assure that contract decisions are made in public, and to protect
the integrity of the bid process. Violation of this provision may result in rejection of
the bidder's bid.
19 UTILIZATION OF LOCAL BUSINESS RESOURCES
19.1 The City desires, as much as practicable, to stimulate growth in all sectors of the local
business community. Bidders are strongly encouraged to explore and implement
methods for the utilization of local resources.
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
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.
The extension(s) will be granted only under the same contract prices and terms and
conditions.
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.
Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City
reserves the right to increase, decrease or delete any or all items. If the quantities of materials to
be furnished are increased, such increase shall be paid for according to the unit prices established
for the item. In making its bid hereunder, the 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 Packaging: 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 Et 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 It 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 Seller's current prices on orders by other, or in the alternative. The
City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b.
The Seller warrants that no person or selling agency has been employed or retained to solicit or
secure the contract upon an agreement or understanding for commission, percentage brokerage, or
contingent fee excepting bona fide employees of bona fide established commercial or selling
agencies maintained by the Seller for the purpose of securing business. For breach or violation of
this warranty the City shall have the right in addition to any other right or rights to cancel the
contract without liability and to deduct from the Contract price, or otherwise recover the full
amount of such claimed commission, percentage, brokerage, or contingent fee.
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 Ristht 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 -Detestation: 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 # 091-04/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 and/or service under which you
wish to be classified.)
Our product schedule would not permit us to perform.
Unable to meet specifications.
Job too large.
Job too small.
Cannot provide required bonding.
Cannot provide required insurance.
Bidding through dealer.
Do not wish to do business with the City of Lubbock. (Please explain below)
Other (Please specify below)
REMARKS:
Company Name:
Address:
City:
State:
Contact Name: Title:
Business Telephone Number FAX:
Internet Address:
Company's Internet Web Page URL:
Zip
ITB#091-04/BM.doc 16
ITB #091.04/BM, Police Department Dress Uniforms -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 131h Street
Lubbock, TX 79401
Complete all areas below. Incomplete affidavits may be rejected.
Local Business Name:
Local Address (must be within the City limits):
1. Is the above address the principal place of business for the business named above?
2. How many residents of the City of Lubbock are employed at the above business location?
3. Year your business was established in the City of Lubbock:
4. For transactions that require sales tax, provide the following Reseller information:
Reseller Permit Number:
Company Name and Address (as it appears on permit):
5. Does your business have more than one office in the State of Texas? Yes No
If Yes, identify the office location considered as the point -of sale 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?
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 shalt be prohibited from bidding on City of Lubbock products and services for a period of one (1) year.
Authorized Signature:
Printed Name and Title:
Date:
ITB#091.04/BM.doc 17
ITB #091-041 M, Police Department Dress Uniforms -Annual Pricing
LUBBOCK POLICE DEPARTMENT
SPECIFICATIONS for
Dress Long Sleeve Uniform Shirt
1. MALE SHIRT, LONG SLEEVE, DRESS
MATERIAL: Raeford Mills Style #8321-30. Ten to 10'/2-ounce two-ply tropical weave 100 % wool. Dark
navy blue in color.
STYLE: Semi -military cut to be made for metal buttons.
COLLAR: Collar style is to be conventional dress collar and band shall be die cut. The back of the stand
is to measure 1 %-Inches. Collar shall be top stitched'/4-Inch from edge. Shall have 3 %-inch points, and
collar band is to be lined with interlining. Permanent collar stays of proper length are to be sewn in side
collar with no stitching showing through on either side of collar. The collar will have a button on one side
and a corresponding buttonhole on the other side of the collar stand. Neckband to be lined with matching
70-denier nylon taffeta and finished with three rows of stitching on inner collar neck band. Collar opening
shall be %-inch and allow room for a tie.
YOKE: The back shall have a pointed Western yoke to finish 5-inches below the collar seam and be
lined with 70-denier nylon taffeta.
SLEEVES: Conventional -style tapered sleeves with reinforced elbows of one-piece construction, stitched
at opening and throughout the elbow. Reinforcement shall be approximately 6 '/z-inches at the widest
point and sewn onto the inseam of the sleeve and into the cuff. Sleeve pleats, formed of excess material,
are to be placed close to underarm seam; open side of pleat shall face underarm seam. Cuffs shall be 2
'/2-Inches with square corners and accommodate two 24-ligne metal buttons. Cuffs shall be lined with
65/35 poly/cotton and interlined with permanently fused, shrink -proof, extra -heavy -grade 100% cotton.
FRONT: Seven -button front, including collar button. Left front to have a self -fabric center pleat 1 '/s-inches
wide extending from collar band to bottom of shirt. It shall have two rows of double stitching with inside
stitching 7/8-inch apart. The center pleat is to be interlined with poly -cotton VIKING PRESS canvas. Right
front to have an approximate 2-inch turn back to create a self -fly 718-inch wide. This self -fly will serve as a
metal button guard for metal buttons. Right front shall be edge -stitched 1/16th. Right front self -fly will have
five %-inch buttonholes spaced approximately 3 %-inches apart and bar tacked in between buttonholes.
ZIPPER FRONT: Hidden zipper front concealing a molded flat YKK plastic zipper VFO-36, 7/16-Inch
wide, with polyester zipper tape. Zipper shall begin at second button down from top and be cut and
gapped to individual shirt sizes. The front shall contain one (1) functional metal button and four (4) non-
functional metal buttons and buttonholes. One (1) collar button and one (1) functional bone button at
bottom below zipper. All non-functional buttonholes to be cut %-Inch to accept metal button shank.
BUTTONS: Metal "P" buttons, 24 ligne, removable, secured by cotter pin and slotted disc, on epaulets,
front, pocket flaps and, if present, cuffs. Metal buttons shall be silver for Corporal and Officer, gold for
Sergeant and all higher ranks. Top and bottom buttons on front and two (2) extra buttons on shirttail front
shall be 24-ligne oversize plastic. They shall be attached with a button sewing machine and sewn with
best grade Poly -Cotton 60/36, 3-cord thread to match material. Front button spacing shall be 3-inches
below juncture of front pleat and neckband and then 3'/s-inches for the remaining buttons.
POCKETS: Two (2) breast pockets finishing 5 %-inches wide and 6-inches long with mitered lower
corners with Velcro at comers. Both pockets shall have 1 '/s-inch box pleat, with centered'/4-inch
horizontal buttonhole to accommodate metal buttons set 1 '/4-inches down from top of pocket, centered at
pleat and stitched top and bottom to prevent spreading. Left pocket to have sewn through pencil opening
to accommodate two (2) pencil/pens. Top of pocket flap to be 7-inches from the high point of the
shoulder seam vertically to the top center of the pocket flap.
ITB#091.04/BM.doc 18
ITB #091-04/BM, Police Department Dress Uniforms -Annual Pricing
POCKET FLAPS: Shall be die -cut, creased and three-point scalloped. Flaps to sewn and turned with'/. -
inch top stitch. Flaps are to be placed'/. -inch above the top of each pocket and have one (1) centered
vertical buttonhole eyelet to accommodate detachable metal buttons. The left flap is to have a pencil
opening approximately 1-inch in width. Flaps to be placed approximately 7-inches from shoulder seam
centered and shall be varied according to size of shirt.
EPAULETS: To measure 1 %-inches wide at sleeve head and extending to within approximately'/. -inch
of neckband. Epaulets to be sewn, turned and top stitched with one row of stitching. Straps to set into
each sleeve head when the sleeves are joined. To be securely cross-stitched for a distance of
approximately 2 %-inches from the sleeve head and to contain one buttonhole set'/2-inch from pointed
end. Epaulet to button with a metal button and to have a'/. -inch buttonhole with button guard in both
shoulders to accommodate metal buttons.
BADGE TAB: Badge tab top -stitched and centered over left breast pocket, measuring 1-inch wide and 2
'/.-inches high and having two metal eyelets spaced 1%-inches apart vertically. The tab shall be
positioned to provide no less than %-inch between the top of the pocket flap and the bottom of an
Entenmann-Rovin badge of 3'/2-inches in height.
NAME TAB: Two oval sewn -in eyelets, spaced 1 5/8-inches apart, shall be centered above the right
breast pocket at a vertical placement of 3/8-inch above the pocket flap.
STITCHING: Garment shall be double -stitched throughout except for the closing seams.
SHOULDER PATCHES: To be provided by vendor in the LPD-approved design on a background of
Raeford 8321-30 with merrowed edges. The lettering, merrowing and five alternating facets of the star
shall be of "Old Gold" coloration, the state outline shall be in red, and the remaining alternating facets of
the star in silver coloration. Patches shall be sewn on both sleeves approximately %-inch below the
shoulder seam.
CHEVRONS: To be provided by vendor when required. All chevrons shall use a Raeford 8321-30,
background with merrowed edges. The two -bar silver chevrons (Corporal) shall exactly match the silver
of the patch star facets and service stripes; the gold three -bar chevrons (Sergeant) shall exactly match the
gold of the patch merrowing and star facets and service stripes. Chevrons, when required, shall be sewn
on each sleeve at least 1-inch but not more than 2-Inches below the shoulder patch.
SERVICE STRIPES: To be provided by vendor in the number appropriate for individual officers at one
stripe per five years of service. Stripes must be manufactured in incremental groups of one (5-9 years),
two (10-14 years), three (15-19 years), four (20-24 years), five (25-29 years) and six (30-34 years) rather
than cut from a roll; edges must be merrowed. The background shall be Raeford 8321-30 fabric; the
thread on silver service stripes (Corporal and Officer) shall exactly match that used in shoulder patch star
facets, and that of gold stripes shall exactly match the gold thread of the shoulder patch. Service stripes
shall be sewn on the left sleeve in front of the pressed crease with the lowest part of the bottom stripe
spaced approximately 1 '/z-inches above the cuff seam.
LABELS AND NAMETAGS: Garment must have linen identification name tag sewn to the inside of right
front tail. (Left front for female -style facing option) This tag is to include the complete measurements of the
individual, along with the date of manufacture and the service number. Permanent indelible ink must be
used.
MEASUREMENTS: All shirts shall be made to individual measurements and shall conform to
measurements taken by manufacturer's agent. Stock cutting not allowed. It is the intent of the
Department to receive shirts guaranteed to fit each individual.
PRESSING: All shirts shall be pressed with military creases. Three creases in back, two in front. The
sleeve is to be pressed from bottom of shoulder insignia to bottom of hem.
IM091.04/BM.doc 19
ITB #091-04/BM, Police Department Dress Uniforms -Annual Pricing
SPECIFY
WARRANTY:
Comments:
2. FEMALE SHIRT, LONG SLEEVE, DRESS
Female shirts shall be the same as male long sleeve shirt with the following exceptions:
POCKET: There shall be two (2) patch pockets approximately 4 %-inches wide and 5-inches overall in
depth, not including the flap.
COLLAR: Collar point shall finish not less than 2 %-inches.
FRONT: Six -button front, including collar button. Women to have the option of having their shirts made to
button right side over left or left side over right (like men's).
SLEEVES: Sleeves are to be one piece, have a %-inch hem and finish 9 to 91/2-inches long from the
shoulder seam.
SPECIFY
WARRANTY:
Comments:
ITB#091.04/BM.doc 20
ITB #091-04/8M, Police Department Dress Uniforms -Annual Pricing
LUBBOCK POLICE DEPARTMENT
SPECIFICATIONS for
Dress Uniform Trouser
3. MALE TROUSERS, DRESS
MATERIAL: Raeford Mills Style #8250-8818. Fourteen to 14 %-ounce two-ply serge weave 100% all
wool. Dark navy blue in color.
STYLE: Up-to-date military uniform pattern with two front quarter pockets and two rear pockets.
WAISTBAND: Method 1 - Waistband shall be 2-inches wide. Waistband curtain shall be made of 65/35
poly/cotton, have Snug-tex and shall be attached with a rocap machine in an open manner (Brown outlet
method) for ease of adjustment. Ban -Rol stiffener 1-inch wide shall be sewn into the waistband. The
waistband shall be set on and be top stitched below the lower edge through the outer fabric and inside
waistband curtain. Trousers shall be made with a 3-inch outlet at waist, tapered for seat outlet.
Method 2 - Waistband curtain to be black, approximately 3'/.-inches wide with 3 rows of
Snug-tex and 1'/n-inches of Ban -Rol completely around the interior of the pants. Snug-tex shall extend
over the French fly and waistband curtain and cover the back seam outlet. Top of the waistband shall be
single needle stitched at top and bottom.
POCKETS: Two front and two hip pockets; no watch pocket. All pockets must be stitched, turned, and
top stitched. Safety serging is not acceptable. All pocketing to be inserted into seam at waistband.
Pocket openings must be bartacked at each corner.
POCKETS, FRONT: Front pockets to be 114 top style. Depth of pocket from bottom to opening to be 61/2-
Inches. Opening of pockets to be a minimum of 61/2-inches. Inside facing will be a minimum of 1 1/2-
Inches wide. Outside facing to be a minimum of 31/2-Inches wide.
POCKETS, HIP: Hip pockets located a maximum of 3'/1-Inches below waistband, to be a minimum of 5
'/s-Inches wide and a maximum of -inches deep. Left pocket to button with tab measuring 1 5/8-Inches
wide by 1 7/8-inches long, stitched, turned and topstitched. Hip pockets to be made on a Reece #46
Lockstitch Pocket Machine, with 3/16-inch double piping. Openings to be securely triangle bar tacked at
each comer.
POCKETING: All pocketing to be black, 65% Polyester, 35% Cotton with a minimum thread count of 68x
54. The weight shall be 2.60 yds/lb.
FLY AND INSIDE TRIM: Method 1 (Paired with 1 above) - Right fly and crotch linings shall be identical
in material to the waistband curtain. Right fly lining shall be sewn to the left fly below zipper. Crotch lining
shall be serged to each front. Separate French fly made of self -material shall be sewn to inside right fly.
Fly closure must be heavyweight brass zipper. Bottom of fly shall be bartacked and a French fly support
installed to button securely across the lower abdomen. Fly tab to measure 1 %-inches wide and 2 '/c-
inches long, inserted at bottom of waistband at 45-degree angle. Trouser closure must be crush -proof
heavy-duty hook -and -eye.
Method 2 (Paired with 2 above) - Talon #603 brass heavy-duty self-locking
zipper cut and gapped to precise lengths for individual trousers. Zipper tape shall be black 06-1310 all -
cotton twill. Trouser closure to be crush -proof heavy-duty hook -and -eye with wide one-piece French fly
and fly button fastening at base of waistband.
BELT LOOPS: Trousers of waist measurement of 29 inches or more must have 7 belt loops; trousers of
waist less than 29 inches may have 5 belt loops. Loops must be 7/8-inch minimum width and 2-inches in
height, double -stitched. All loops are to be sewn into waistband at top and dropped to accommodate a 1
ITB#091.04/8M.doc 21
ITB #091-04/13M, Police Department Dress Uniforms -Annual Pricing
3/.-inch belt and sewn as to disallow raw edges. Bases of the loops are to be stitched at a minimum of 28
stitches per loop.
SEAMS: All side seams and inseams shall be chain stitched and the seat seam shall be double chain
stitched with a tandem needle machine using Poly Cotton 60/35, three -cord thread. Other stitching will not
be less than 10 stitches per inch using the same thread.
LABELS AND TAGS: Garment must have manufacturers label with care instructions sewn to inside of
waistband with size label attached to manufacturers label.
FINISHING AND PRESSING: All loose threads shall be removed. Trousers must be pressed completely
and properly with the side seam, inseam, and seat seam pressed open.
FITTING: All trousers shall be made to individual measurement and conform to measurements taken by
Manufactures representative. STOCK CUTTING NOT ALLOWED. It is the intent of the Department to
receive trousers guaranteed to fit each individual. Trousers shall be unhemmed.
SPECIFY
WARRANTY:
COMMENTS:
4. FEMALE TROUSERS, DRESS
STYLE: Style to be the same as men's using a female pattern, with the following exceptions.
FRONT POCKETS: Shall measure 6-Inches at opening for one -quarter (1/4) inch top pockets. Depth of
pocket from bottom to opening to be 5'/2-Inches. Inside facing will be a minimum of 1 '/s-Inches wide.
Outside facing to be a minimum of 31/2-inches wide for quarter (1/4) top pockets and 2-inches wide for
side pockets.
HIP POCKETS: Shall have 5-Inch openings and to be 6-inches deep.
BELT LOOPS: Women with waist measurement less than 29-inches will contain five (5) loops. Waist
measurement over 29-inches will be same as men.
SPECIFY
WARRANTY:
COMMENTS:
IT13#091.04/9M.doc 22