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
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ATTEST:
Courtney Paz, City Secre ry
APPROVED AS TO CONTENT:
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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
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rint Name
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Address
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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)
�
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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.)
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MPI VOC Ranges (gramslL) E� c401 gA E2 401 • 4D0 pA E1 ,51 • 550 gA outald�
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ATTACHMENT D
Preferred placement for reinforcing side
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ATTACHMENT E
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Preferred placement of
Bottom Channels.
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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