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HomeMy WebLinkAboutResolution - 2023-R0501 - Contract 17498, With Box Gang Manufacturing LLC - 10/10/2023Resolution No. 2023-RO501 Item No. 5.20 October 10, 2023 RESOLUTYON BE IT RESOLVED BY THE CTTY COUNCYL OF THE CYTY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 17498, as per ITB 23-17498-YB, for the purchase of dumpsters and roll-off containers, by and between the City of Lubbock and Box Gang Manufacturing, LLC, and all related documents. Said Contract 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 on October 10, 2023 ��'� ATTEST: Courtney Paz, City Secre ry APPROVED AS TO CONTENT: ` _ �f t f � i� i i ��.� i i `�-X Erik Rejino, Assistant City Manager APPROVED AS TO FORM: Ry n B ke, Senior Assistant City Attorney RES.Contract No. 17498, Box Gang Manufacturing, LLC 9.26.23 Resolution No. 2023-RO501 City of Lubbock Contract for ITB 23-17498-YB ❑umpsters and Roll-Off Containers Contract 17498 THIS CONTRACT made and entered into this i0th day of October , 2023, by and between the City of Lubbock ("City"), and Box Gang Manufacturing, LLC ,("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Dumpsters and Roll-Off Containers and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Dumpsters and Roll-Off Containers NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Dumpsters and Roll-Off Containers, and more specifically referred to as Items 0-1 through 0-3 on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The contract shall be extensions, said date automatically for the terminate the Contract. for a term of one (1) year, with the option of four (4), one (1) year of term beginning upon formal approval. This Contract will renew additional terms, unless either Party gives 90-day written notice to 4. 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. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. 5. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 6. A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or Product Price Index (PPI) as appropriate. g) Further, if the Contractor can provide documentation for actual charges for material, labor, etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such documentation to the City, and at the City's sole discretion, the contractual rate may be further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of the current contract period. C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director of Purchasing and Contract Management written, quarterly documentation to justify the ongoing adjustment. If no such documentation is timely received, the rate will automatically revert to the initial, awarded rate. 7. This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. 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. 8. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 9. Insurance Requirements SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Commercial General Liabilitv Requirements: $1 M occurrence /$2M aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Commercial General Liability to include Products - Completion/OP, Personal and Advertising injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Automobile Liabilitv Requirements: $1M occurrence is needed. Workers Compensation and Emplover Liabilitv Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1 M) is required with Workers Compensation. * The City of Lubbock (including its ofiicials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. * Carriers must meet an A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above. IMPO�tTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, together with the indemnification provision, shall be underwritten b coverage sufficient to include such obligations within applicable policies. NOTICES and standard of care y contractual liability The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF 1NSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1314 Avenue K, 9th Floor Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither sha11 the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 10. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 11. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 12. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 13. 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 non-appropriation 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 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. 14. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 15. Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms ageed upon by the parties, and any prior conflicting terms shall be of no force or effect. 16. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such tenn in Section 2252.151, Texas Government Code. 17. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 18. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 19. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. 20. The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 21. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. 22. This Contract consists of the following documents set forth herein; Invitation to Bid No. 23- 17498-YB, Specifications, and the Bid Form. -----YNTENTIONALLY LEFT BLANK----- IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF BOCK Tray Payne r A .ST: Co ney Paz, City Se tary Al'PROVED AS TO CONTENT: Brenda Haney, So ' ' �ctor BY Auth zed Representative Z � rint Name 1� 73 6� l�� r 2� Address �� � ��,� �c 7�0 3 2� City, State, Zip Code APPROVED AS TO FO Ryan k�{boke,�Senior Assistant City Attorney City of Lubbock ITB 23-17498-YB Dumpsters and Roll-Off Containers Specifications 1. GENERAL It is the intent of the City of Lubbock, to secure side loader refuse containers, sizes 2 cubic yard, 3 cubic yard and 4 cubic yard. Side loader refuse containers will be constructed in either steel OR durable rotationallv molded hi densit�polyethvlene (HDPE) dumpsters, in accordance with the attached plans and these specifications for use with collection equipment now in use by the City. The containers shall be delivered to the City of Lubbock painted and ready for use according to the following: A minimum of 50% of the total quantity must be delivered within 90 days of award of the contract and the remainder must be delivered within 150 days of award of the contract. Each container must be serialized with the last two numbers of the year of manufacture, the cubic yard size of the container and the sequential number of the container. Serialized numbering will begin with serial number YY-CY-200 (year-cy size-200). The serial number 3" (H) x 1-3/4" (W) numbers shall be stenciled on the front and inverted under right lift arm (facing container), with Glossy Black Spray Lacquer. All materials will be furnished by vendor. All containers must not exceed cubic yard dimensions for size ordered. All containers shall be guaranteed for twelve (12) months after delivery against defective workmanship and materials. Prices bid shall include delivery to 1631 84`h Street, Lubbock, Texas 79423 at scheduled times and dates specified by the Solid Waste Services department personnel. Unloading at point of delivery will be done by the City of Lubbock personnel. The contractor shall protect and save harmless the owner from all and every demand for damages, royalties or fees on any patented invention used by the contractor in connection with the work done or materials furnished under this contract; provided, however, that if any patented materials, machinery, appliance or invention is clearly specified in this contract, then, and in the event, the cost of procuring the rights of use and legal release or indemnity determined and directed to be included in the bid price at the time the proposal is submitted. 2. CONTAINERS SLANT TOP, SIDE LOADING STEEL CONTAINERS: All sheet metal shall be hot rolled commercial quality steel. Container front, rear and sides 12 gauge welded continuously on the interior. Container lids - 14 gauge. If the container bottom is plastic it shall be high molecular weight polyethylene or 100% recycled rubber/plastic alloy. The City of Lubbock will accept bottoms produced by Technology Plastics, Inc., Impact Environmental Group, or approved equal. Top perimeter of container to be reinforced by 12 gauge formed channels. Bottom of the container will be reinforced with two C3 X 4.1 channels located I 1" from each side and installed parallel from front to back. See Attachment E Lift arm shall be a C4 x 5.4 channel on each side, dimensions shown, welded continuously on top and skip welded on bottom. See Attachment D The lift pin shall be extended through and flushed with the back of the channel and also through the 2 gauge reinforcing plate. The pin shall be 1'/z" diameter x 3'/2" long round steer bar and welded all-around as indicated. Buff plate will be located in front of the lift arm and will be 2" x 3" x 1/4" x 20" long angle iron. The angle will wrap around the corner from the front of the container. The front, rear and sides of all containers shall be constructed of smooth hot-rolled steel plate and sheets welded on all seams. Welds shall be continuous except where stated to the contrary and shall form a secure bond between metals. Puddling and splattering are unacceptable. SEE ATTACHMENT F ROLL-OFF CONTAINERS: The following are minimum specifications for the heavy-duty rectangular roll-off containers: Structure: Sides, Front, and door -7 gauge; Floor'/ inch plate 45 degree 2 inch taper where side is continuously welded to floor. Top Rail: One (1) piece structural tubing 4"x4"x 1/4" with inside top corners double plated. Bottom Rail: Outside rail understructure 3" structural channel. Cross members: 3" structural channel floor supports on 16" centers each cross member must be gusseted and welded to long sills. Long Sills: 6"x2"xl/4" Structural tube with tapered steel bull nose. Bulkhead: 10 gauge plate fully welded with and reinforced with 9" x 3" x 10 gauge channel. Doghouse: 10 gauge plate full width. Vertical Ribs: 5" x 3" x 10 gauge channel on 24" centers fully welded top and bottom — side support. Rear Post: 9" x 3" x 10 gauge channel fully welded. Knee Brace: Heavy steel plate '/4" welded in between rear post and last vertical rib at least 3'. Door Frame: 5" x 3" x 10 gauge formed channel with 3 vertical and 2 horizontal reinforcement (9 panel). Door hinge: Hinge plate 3/4" with 1'/z" removable and greaseable pins. Door locks: Three (3) latch latching device with three (3) positions; unlock, automatic, lock, on driver side. Door guide: '/z" plate V style door guides to relieve down pressure on latches. Wheels: Rear 9" Diameter 12" long with 1" 5/16" greaseable axles with grease fittings; Front skid plates each side. Rollers: Rail nose rollers to be 4" Diameter 8" long at front, with greaseable axles. Push plate: '/z" plate Hook- Plate 3/4" Plate 12"x36",Fully welded sill to sill, with 1-1/4" High-Tensile Cable Hook, Inserted thru locked in and fully welded. Hook: High-Tensile 1'/4" plate, hook on front end for front-end pick up. Welds: Paint finish: with finish coat. 3 Finish coating to be alkyd enamel, Sherwin Williams Walnut Brown, #SW4009, or approved equal on all metal. Accessories: Container will have welded on tarp hooks provided on all vertical Capacity: SEE ATTACHMENT G Walls continuously welded to floor on inside and skip welded on outside. All other seams to be continuously welded on inside and skip welded on outside. Prime all metal with industrial grade red oxide primer compatible supports. Thirty (30) cubic yards. CONTAINER BOTTOM STEEL CONTAINERS: Container bottom shall be made of 3/16" high molecular weight polyethylene or 100% recycled rubber/plastic alloy, seamless extending a minimum of ten inches up the inside wall of the container. The City of Lubbock will accept bottoms produced by TPI Plastics, Bryan, TX, or approved equal. Dimensions of plastic bottoms from Bryan Container Company are as follows: 3 cubic yard = 47 %z inches Specifications for installing plastic bottoms: After construction of inetal box with cross members on the bottom, insert plastic bottom from top. To secure plastic bottom to metal container either pop rivet or weld Z bars to side of container. SEE ATTACHMENT A �. STEEL TUBULAR LID-STOPPER STEEL CONTAINERS Tubular lid-stopper shall be constructed of'/4 " round steel tubing, 16" long with two 4" legs. Legs shall be welded to the steel portion of the container. SEE EXAMPLE PICTURED IN ATTACHMENT B LIDS STEEL CONTAINERS Lids shall be made in three (3) parts, with the rear lid to be constructed of 16 gauge hot-rolled steel for Side Loading containers and hinged with 3/4" pipe. Front lids shall be plastic, manufactured independent of each other and hinged to rear lid with 1/2" solid steel rod. Rear lid shall be 15" X 60" constructed of 16 gauge hot-rolled steel for Side Loading containers. Color shall be sandalwood brown or similar color to match existing containers. Chain attachment shall be connected to the rear metal lid portion and to the side of the dumpster. SEE ATTACHMENT E Front lids, 30" long X 29" wide shall be .250" thick and shall weigh seven (7) pounds and be composed of 100% recycled materials. Front edge of lid shall have two (2) finger grips for added stiffening and convenience in opening the lid. Front lid outside ears shall be slightly thicker to deter splitting of plastic lid. Front lid color shall be black, with the City of Lubbock logo and the letters, "Lubbock, Texas" embossed (molded) on each small lid. Front lids must be designed with extra high ribs to provide structural strength, durability, and prevent sagging in hot weather. Front lid color and design must match the current lid used by the City of Lubbock. Front lids must be guaranteed not to chalk, split or crack due to ultraviolet exposure for three (3) years from date of delivery. When directed by Solid Waste Services, front lids may be requested as: 16 gauge hot-rolled 5. CLEANING STEEL CONTAINERS All welds shall be cleaned to bright metals and shall be free of all foreign material, slag, rust, dirt, oil or other material, which will show unevenness after painting. Failure to do so shall be cause for rejection until deficiency is correct. G. PAINTING STEEL CONTAINERS: Containers shall be painted inside and outside with a two (2) coat system consisting of a corrosion inhibitive fast drying primer followed by a high gloss enamel finish coat. Primer coat shall be a fast dry zinc chromate. The finish coat shall be a high gloss, quick drying enamel. Finish color shall be sandalwood brown or similar color, selected by the owner, to match existing containers. Sample color will be furnished. Paint must be approved by the owner before any containers are shipped. The above paint shall be applied on the interior and exterior of the container. Paint shall be clean and free from foreign material and shall be applied evenly without runs or sags. Paint shall be guaranteed for one year against cracking, checking or loss of adhesion and appreciable color change or chalking of the finish coat or paint. APPLICATION 1. Mix and apply coating according to manufacturer's printed instructions. 2. Apply coatings to obtain a thickness of 4 dry mils. 3. Allow coating to cure before transporting to avoid damage. 4. Use wet film gauge during application to assure proper film thickness is applied. 5. Apply additional costs as needed to obtain specified dry film thickness. INSPECTION 1. Inspect all surfaces for runs, sags and holidays. Repair as necessary to obtain an acceptable finish. 2. City personnel will check dry film thickness to verify that it conforms to the mil thickness of the coating systems specified herein. INSUFFICIENT mil thickness will require recoating at the expense of the Contractor. Dry film thickness readings shall be taken at random locations at the rate of about five readings per hundred square feet of surface with at least one reading per surface. The average of all readings for a given area or surface shall equal or exceed the dry film thickness specified and no individual readings shall be more than 20 percent below the specified thickness. Any areas, that are found to be below standard, shall be marked and recoated, at the Contractor's expense, to obtain the proper film thickness. The City reserves the right to monitor the construction of the containers, which includes visiting the site of the Contractor and verifying that all specifications are being complied with. 3. Any characteristics of the film that the City personnel deems unacceptable, either during construction or before acceptance, shall be remedied by the Contractor, at the Contractor's expense. COATING SYSTEMS Prime Coat: Vendor can select from attached list any primer that has VOC's of 450 or less. Finish Coat: High gloss, quick drying enamel @ 2 dry mils Finish coat color is sandalwood brown or similar color to match existing containers SEE ATTACHMENT C 7. SPECIFICATIONS VARIATIONS Variations from these specifications andlor attached drawing WILL NOT BE ACCEPTED �■� ■1/ \ � TPI Bottom, Installed Dura-Bottom, Installed and Loose ATTACHMENT B 16" (3 /4" round steel tubing) ■ . _ IR"'1 4" (3/4 round steel tubing) � � � _. ATTACHMENT C MPI Approved Products List MPI # 95 Primer, Cluick Dry. for Aluminum A aolvenl basad, alkyd or modHlad alkyd Q.D. enU<ortoslve pAmar far use on prepared Interlor end sxterlor alurttlnum auAaces This Drkner la used ae PaM1 of a aystem fw Ilems In residentlel. commerdal a� Induttrtal loeatlons that are exposed b �Ipht wnoslva envtronments. This primer wpl be Misf� eoaled wllf� eorwenUonal btex �nd a9cyd paiMs as wsll es MPI q81 6 98 Uukk Drylnp Enamets and for Interbr suAacea MPI q 761,153 or 754 W.B. LtgM IndusUFal CoaUnp (famerty MPI �t 10) w br eaterlar suAaces MPI p187,183,t84 W.B. Llpht InduaMal CwUrq (formary MPI p1/0} [CharecfeAslks revlewed brNude conos/an reslsfence and dry tlme. Ses MPI 'Eva/uafed PeApnn�ne�' Speea Ior canplefe tletaUs. aped!!e iequbementa, and/arre/eiexe spees.) E'0'- MPI VOC Ranges (gramslL) E� c401 gA E2 401 • 4D0 pA E1 ,51 • 550 gA outald� renge, rJa - unavaltabla r meets OPS-7 . 4 meeta MPI GPS-2 !or StandaN Catspory: Rust ProventaUve Coatings H meels RG (OTC or EC) � meets LEED 2009 (axdudhq LEED fa schods) Llspnp Mh Lsbal Praduet Name Cvd� OPS-1 6P9-2 Dlamend Veae1 Iron P�tme 800 Faal Ory UnWersel Pomer LU-1500 E 3 N D�nn-Edwards �N-Alum In�Ma/ExteNor NOn-Ferrous Mefel GAPR00-1 E 3 V Premlum Prlmer Nwm Pe1M 8 �� Pa�M A�U-Cortosive QO PNmer (MPI 85) E 2 S'tQ611OY1 Redda Pa1�n �O�QSS�� Bsrrler III HS 708295 E 3 V Maintenance Rwt.Olaum Dnuer ���^O ��e Prlmar Sealer 6 3850/51l54 H 3 V Slain Bloeker (InVExq R��-0b� ��ef C��lStatn HIpA Hlde Alkyd Bsse 282784185/88 E 3 N V N 4 The Pa1nIINo website and conlerqs a�e ca�ynlOAS m1988� 2014 Ma�er Palntera IroOtule Inc. A1 Riphts Reserved. http://wwwspecifvpaint.com/apl/paintinfo apl/MpiNumber.asp?ID=950W 2l27/2014 ATTACHMENT D Preferred placement for reinforcing side � � plate. Gi1an nP� "��' ��5 v �DSi �i � . :� . �:y _z - - - . . _ . _ : �- :.t � .,._.-__ -_ _ , � `�� . -�- �- ��,. �i, � y . �� �� �.k� `.. e:.: , � L� , N � i is,. 13 :i ' T-5S ,� �r �� ' i:r; i �i,_ � ykWa: ��. �,I1 �1 � �•' ��-.. , • . ; 5 ,,j �' • . �' ' _ ' " _ _ " � _�� �ii .._�i ir"� Incorrect placement for reinforcing side plates. �_�� ;�. ;�:-- �a nn� � i � � �l i 5 �` �' �� ��� � � � ��Si -�}� � or� 4 �"�in� � 7� � YC5 . � � � ;� � �--�• � �� ; M�' � r '�( ' . � �_i',�� : �, - a ��. :>F��:�,�. ���. N f��,;. ' q : y . � '�1�f1'� l� *�:? : -�� ��� .� rr �T:;:= ';;' � �J;: -':�'�.r � �► -. '��. '�� ATTACHMENT E � Preferred placement of Bottom Channels. ��� �"`.�,. � . � � � �.. �� ` µ �`� ;w � ._�� . •- s,� a ,- ry" Y�� . 'F • o . �; , Chain attachment - metal lids portion to side of dumpster. „�,�� _;, ► k���� �," � - � � w �— ..,�_� — � , —�-`-� ��'�y �� � ATTACHMENT F �- .�- C�� .� 1 ¢ , �\ � :� ; ,\ � � h' U/ / =-'�/ / 5c � � � —�n � 1 ----� .� �� �: ,-�; . r',• � �l �, !� e <� �� f C� � a ,�: - U= 8 ` O ^ 5 ^ .� a ' � � � ' �a a g � � � � � - � �y' - � F -' - � ' - b8b b • $ .. � - Q 5 'g � _�n�_- h � „ - ., � o � � V o � . @ - � -, � g:�� g-� - . ,- � �� �; o � � . ����� �� - �� �gs =a.;�== �����m_C �Q �r'��:�����igvUC)Ot..��C.�i�iL, r` _ r' ' y '_""�'---_._,� / �I �� � , ` � . �I � _ \\I - J, ��`. �\ � � _ \ � .I. . �'� � , � _!� _ � , � -=--l�{�� �% — �r—�— -- r'I � _' I ----� ��i� � i I ' Z ,, f I ' �I � � 1 � — i - 1-�'• , Y �— e . .. ._..I I .. ' I I � �� I _�; �. � � J _ _.L i t f � � ATTACHMENT F, cont. a> ��-, .,-_;> '; �i i , �5 �, . � i-----__�.. I � � ATTACHMENT F, cont. n�, JL �� - :� ' �%4 � ATTACHMENT F, cont. -- - fl� - i!2' ��: .t i �U 1��. _ ?'' � . . . i(� _ ! ! �______ .._- ----..-- . ;a� -.� J ATTACHMENT G 30 YARD RECTANGLE 2o�s City of Lubbock, TX Purchasing and Contract Management Vendor Acknowledgement Form In compliance with the Invitation to Bid, the undersigned Bidder having examined the Invitation to Bid, instructions to bidders, General Conditions of the Agreement, 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 and agrees to deliver said items at the locations and for the prices set forth on the bid form andlor the bid table associated with this bid. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid is by reference incorporated in this contract. Where applicable, prices are quoted as: F.O.B. Destination, Freight Pre-Paid and Allowed Where applicable, delivery days are: Days After Receipt of Order (ARO) 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. The City of Lubbock is seeking a contract for with one or more contractors. In order to assure adequate coverage, the City may make multiple awards, selecting multiple vendors to provide the products desired, if multiple awards are in the best interest of the City. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. PAYMENT TERMS AND DISCOLJNTS - Bidder offers a prompt payment discount of � %, net 3o calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVORED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favored customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? City of Lubbock ITB 23-17498-YB Dumpsters and Roll-Off Containers Bid Form Box Gang Manufacturing LLC Locarion Houston, TX Total Cost $199,390.00 Quantity Delivery Required Unit Total Days #i Item Description (+/-) UOM Price Cost ARO #0-1 2 Cubic Yard Side-Load Refuse Containers Constructed in Steel - Per Specifications 24 EA $612.00 $12,240.00 90 #0-2 3 Cubic Yard Side-Load Refuse Containers Constructed in Steel - Per Specifications 250 EA $672.00 $168,000.00 90 #0-3 4 Cubic Yard Side-Load Refuse Containers Constructed in Steel - Per Specifications 25 EA $766.00 $19,150.00 90 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 X NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. ADDENDA Bidder acknowledges receipt of addenda issued in regard to this solicitation: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date INSURANCE REQUIREMENTS I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. 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. CONTRACTOR ACKNOWLEDGEMENT In compliance with this solicitation, the undersigned bidder, having examined the bid documents, instructions to bidders, documents associated with the invitation to bid, and being familiar with the conditions to be met has reviewed the above information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 SUBMISSION INFORMATION An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in bid rejection. THIS BID IS SUBMITTED BY Box Gang Manufacturing LLC a corporation organized under the laws of the State of Texas , or a partnership consisting of or individual trading as the City of Houston Tax ID No.: 47-5269235 Address: 16736 E Hardy Rd City: Houston M/WBE Firm: Woman X Hispanic American State: TX Zip: 77032 Black American Asian Pacific American Please complete the information below. : Authoriied Representative - must sign by hand Native American Other (Specify) Date: 29 Aug 23 Officer Name and Title: Rafael Marrero President Business Telephone Number �13-742-5555 p�: of E-mail Address: rafael@boxgangmfg.com CERTIFICATE OF INTERESTED PARTIES �oRan 1295 lofl Complete Nos. i- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. i, 2, 3, 5, and e if there are no interested parties. CERTIFICATION OF FILtNG 1 Name of business entity filing form, and the city, staLe and country of the business entity's place Certificate Number: of business. 2023-1072156 Box Gang Manufacturing Houston, TX United States Date Filed: z ame of govemmen entity or scate agency that is a party to e contract for whic the form is o9�15l2023 being filed. City Of tubbock Date Acknowledged: g Pravide the idendficaUon number used by the govemmenta) entity or state agency to track or identify the contract, and p�ovide a descripdon of the services, goods, or other prope►ty to be provided under the contract ITB 23-17498-YS Steel Containers for Refuse 4 Nacure of interest Name of Interested Party City, State, Country (place of husiness} {check appticabie) Cormolling Intermediary 5 Check only if there is NO Interested Parry. ❑ X 6 UMSWORN DECLARATION My name is �'��T'�-�� U� �/��VGO' /(/ � and my date of birfh is ,� `� ��� My address is !�O%t3 6 G 1"�TiG� � % l» /(�✓ ,�,,, ��vJ Z- vf (street) (city) (state) (zip code) (country) I declare under penalty of pery'ury that the foregoing is Vue and correct. Executed in 7"T�1 V�S County, State of ��_�_, on lhe �S day of �t�itM�l;'20�_. (month) (year) Si e of authorized agent of contracting business entiry (oedarent) Forms provided by Texas Ethics Commission www.ethi tate.bc.us Version V3.5.1.99923476 CERTIFICATE OF INTERESTED PARTIES FORM 129 'rJ 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the ciry, state and country of the business entity's place Certificate Number: of business. 2023-1072156 Box Gang Manufacturing Houston, TX United States Date Filed: 2 Name of governmental entiry or state agency that is a parry to the contract for which the form is 09/15/2023 being filed. City Of LubboCk Date Acknowledged: 09/19/2023 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 23-17498-YB Steel Containers for Refuse Nature of interest 4 Name of Interested Party Ciry, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is , and my date of birth is My address is , (street) (ciry) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commissfon www.ethfcs.state.tx.us Version v3.5.1.999Z3476