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HomeMy WebLinkAboutResolution - 2012-R0206 - Contract - S&H Metal Works - Side Loading Refuse Containers - 05/30/2012Resolution No. 2012-RO206 May 30, 2012 Item No. 5.24 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 10659 for slant side - loading refuse containers, by and between the City of Lubbock and S & H Metal Works, and 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 ATTEST_ Reb ca Garza, City Secretary APPROVED AS TO CONT T: Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: ------------ Chad Weaver, Assistant City Attorney vw:ccdocsRES.Contract-S & H Metal Works April 23, 2012 May 30, 2012 Uniform Facsintll<e Signature of Public Officials Act, Ch. 618, Tx Gov't Code Resolution No. 2012-RO206 CONTRACT NO. 10659 CITY OF LUBBOCK, TX CONTRACT FOR SERVICES FOR SLANT SIDE -LOADING REFUSE CONTAINERS THIS CONTRACT made and entered into this 301h day of May, 2012, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and S&H Metal Works, ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Slant Side -Loading Refuse 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 Slant Side -Loading Refuse 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 specifications and bid are attached hereto and made part hereof, Contractor will provide to the City, Slant Side -Loading Refuse Containers and more specifically referred to as item(s) 1 — 4 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. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. The contract shall be for a term of one (1) year, with the option of four (4), one (1) year extensions, said date of term beginning upon formal approval. All stated 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. 5. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 6. 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. 7. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT General Liability Commercial General Liability $500,000 General Aggregate Automotive Liability Combined Single Limit $200,000 Any Auto Workers Compensation Statutory Amounts Employer's Liability $500,000 The City of Lubbock shall be named as primary additional insured on Auto/General Liability, to include products of completed operations endorsement, with a Waiver of Subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 8. 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. 9. The City reserves the right to exercise any right or remedy available 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. 10. 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 thirty (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. 11. This Contract consists of the following documents set forth herein; Invitation to Bid No. 12- 10659 -CI, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. Mayor tkWorm Facghniie Signature of Public OMcids Act, Ch. 618, Tx Gov't Code ATTEST: Rebe ca Garza, City Secretar APPROVED AS TO CONTE Scott Snider, Assistant City Manager APPROVED AS T FORM: Assistant City Attorney CONTRACTOR: BY Author' d epresentative Printed N'me Title Address , City, State, Zip Code 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. I 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. 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 Director, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Director informed at all times of the status of the order. 5 Damage Assessment: 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 Director 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. 6 Late Delivery Fee: The City will also have the option to charge the vendor a fee of $50.00 per vehicle per day for late delivery. Late fee applies when vendor has not requested and received prior written permission and approval from the ordering entity to make delivery after the number of days established by the contract or the purchase. 7 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 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. 8 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. 9 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. 10 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. 11 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 12 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. 13 Title & 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. 14 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. 15 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. 16 Special Tools & 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 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. 17 Non -Arbitration: The City reserves the right to exercise any right or remedy available 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. 18 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. 19 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 20 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting them. 21 Vendor retrieval of Vehicles: Vendor shall remove noncompliant vehicles (s) form City premises within five working days after receiving written notification from the ordering entity. If vehicle is not removed by vendor within the five working days time frame, the city may arrange for vehicles to be removed and secured by a local towing and storage facility. Vendor will be responsible for payment of all related towing and storage charges. The City will not be responsible for payment of all related towing and storage charges. The City will not be responsible for liable for damage or loss of noncompliant vechiles with remain on City premises, or which are removed by towing company, five working days after vendor is notification. 22 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 tiled 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. 23 Termination: the City may terminate the contract or purchase order in whole, or in part. 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. 24 Force Majeure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 25 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 26 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. 27 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. 28 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. 29 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. 30 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 there from, 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 there from 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. 31 Nonappronriation: 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. 32 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. 33 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. 34 Environmental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials, and • incorporate into project design energy efficient fixtures, appliances and mechanical equipment. 31 The City Right to Audit 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 thirty (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. City of Lubbock, Texas Purchasing and Contract Management Specifications for ITB 12 -10659 -CI Slant Side -Loading Refuse Containers 1. GENERAL Resolution No. 2012-RO206 It is the intent of the City of Lubbock, Texas, to secure side loader refuse containers, sizes 1 'V2 cubic yard, 2 cubic yard, 3 cubic yard and 4 cubic yard, to be constructed 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. For example, serial number 12-3-1, is the number for the first 3 cubic yard container produced in 2012. The serial number should be in a 4" die metal stamping above the reinforcing left plate. Also 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 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 Dept. Unloading at point of delivery will be done by the City of Lubbock. 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. STEEL 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. Container bottom shall be high molecular weight polyethylene or 100% recycled rubber/plastic alloy. The City of Lubbock will accept bottoms produced by Bryan Container Company, Bryan, TX (888.611.3333), 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 11" from each side and installed parallel from front to back. See Attachment F 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 E 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. 3. CONTAINER BOTTOM 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 Bryan Container Company, Bryan, TX (888.611.3333), or approved equal. Dimensions of plastic bottoms from Bryan Container Company are as follows: 3 cubic yard = 47 %z inches 4 cubic yard = 47 '/z inches Specifications for installing plastic bottoms: After construction of metal box with cross members on the bottom, insert plastic bottom from top. To secure plastic bottom to metal container either pop rivet or weld Z bars to side of container. SEE ATTACHMENT A 4. STEEL TUBULAR LID -STOPPER Tubular lid -stopper shall be constructed of '/ " 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 5. LIDS 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 F 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 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 (3) three years from date of delivery. When directed by Solid Waste Services, front lids may be requested as: 16 gauge hot- rolled commercial quality steel. 6. CLEANING All welds shall be cleaned to bright metals and shall be free of all foreign material, slag, rust, dirt, oil or other material, which will show unevenness after painting. Failure to do so shall be cause for rejection until deficiency is correct. 7. PAINTING Containers shall be painted inside and outside with a two -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. 8. 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. 9. INSPECTION 1. Inspect all surfaces for runs, sags and holidays. Repair as necessary to obtain an acceptable finish. 10. 11. 12. 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 lea st 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. 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 ATTACHMENTS C AND D SPECIFICATIONS VARIATIONS Variations from these specifications and attached drawing WILL NOT BE ACCEPTABLE. QUANTITY 25 more or less 1 'h cubic yard side loaders 25 more or less 2 cubic yard side loaders 120 more or less 3 cubic yard side loaders 10 more or less 4 cubic yard side loaders 13. QUALIFICATION OF BIDDER Bidders must be able to demonstrate experience and successful completion of large-scale metal fabrication projects. Resolution No. 2012-RO206 ATTACHMENT — A r . r The Extended -Life' Container 3'10 -Year Warganty Our container offers a unique, low -maintenance option for the waste collection industry. The Extended -Life Container features a plastic pan supported by structural steel'members and held in place by our proprietary steel " z" strips. Our steel reinforced plastic bottom offers: • Rust -free bottoms STEEL CONT AINE SIDE • • Lighter weight ATTACHMENT A noise \l -0-STEEL Z STRIP • Less stress on trucks PLASTIC BOTTOM• At least $30 a year in fuel savings •, High impact resistance Bryan Containers T .e Next Step in Container Evolution Bryan Container Company, mpany, Inc. ■ P.O. Box 32 ■ Bryan, Texas 77806 Telephone: 409/822--s 298 ■ Toll Free: 888/611-3333 ■ Fax: 409/776.0319 ATTACHMENT — B 16" (/4 round steel tubing) 4" ('/ round steel tubing) Pipe dimensions = 3/" round steel tubing ATTACHMENT — C MPI #95 Quick Drying Metal Primer Page 1 of 1 Mastw Painters Institute 144" 1. 1 --1 Approved Product List Back to Main Peas < Previous Next Product Index Product Index ak f Alphabetical by I�1P1 Number MPI #85 Q.D. Primer for Aluminum A solvent based, alkyd or modified alkyd type, quick drying, antl corrosive metal primer for deaned interior and exterior steel and prepared aluminum. This coating can be used In residential, commercial and industrial locations that are exposed to light corrosive atmospheres. This primer can be finish coated with conventional latex and alkyd paints as well as MPI #98 Quick Drying Gloss and #110 High Performance Latex. Application Is by airless and conventional spray equipment, and can be touched -up by brush. jCharectodadcs reviewed Include corrosion resistance and dry time. See MPI 'EWlualed Psrfbrmance' Specs for complete details, apecift requlremenfa, andbr reference spew.] MPI VOC Ranges E3 <401 g/L E2 401 — 450 E1 451 — 550 Blanks may Indicate Information (grams/L.) Prime Una Metal Primer - Grey g/L g/L unavailable. Listing Mfr Label Product Name Code E Range Benjamin Moore Benjamin Moore Rapid Dry Metal Primer CM05 2 California Paints H.P. Industrial Prime Una Metal Primer - Grey 1704 2 Cloverdale Paint Quick Dry Non -Lifting Metal Primer 71312 1 Color Wheal CGI Contractors Choice tronize Inhibitive Primer 040 3 Columbia Paint COI Industrial I Universal Low VOC Phenolic Primer 07 -578 -PP 2 Columbia Paint CGI Industrial Lead -Fres Primer - Red 07 -437 -PP 1 Columbia Paint CGI Industrial Lead Fres Primer - Gray 07 -428 -PP 1 Coronado Paint Quick Dry Alkyd Metal Primer 895 Una 1 Frazee CGI Metal Prime 801 1 General Paint COI Q.D. And Corrosive Primer Red/Grey 08-154/180 1 Griggs Paint Deer Valley QD Grey Primer 20OA04 3 ICI Pakds Devoe Coatings Devgusrd T & S Primer 4180 2 ICI Paints Devoe/Fuller Surrnax OP27915117 2 ICI Paints Devoe Coatings Rustguard OD Shop Coat Primer 4140 3 ICI Paints (Canada) Devoe Devguard 4100 2 Miller Point CGI Aluminum & Ferrous Metal Primer 484 2 Miller Paint CGI PPG Zinc Chromate Primer 8-204 3 Mills Paint Superior Quality Fast Dry White Barrier Primer 551 Northam Paint Colorlox Fest Dry Gray Primer 801-58 Pare Pakds Inst -X Speedy Metal Primer MP -915 2 Parker Paint CGI Parker Paint Overlay Red Primer 1879 2 Porter Paints U -Prime Fast Dry Universal Primer 288 2 PPG SpeedHdo Quick Dry Metal Primer 6-204 3 Rodda Paint Professional Malnt Barrier III HS 708295X 3 Slco Coalinga Rust-Oleum Speedy Dry 1573 1 Spectra -Tone CGI Inst -X Speedy Metal Primer MP -915 Tower Paint Red oxide Metal Primer T110 2 http://www.paintinfo.com/mpi/approved/mpiQ95.htm 5/18/2004 ATTACHMENT — D 1'nemec Company Page 1 of 1 home 1110U1' t S (11, it Itpt40y I'ttnjell. ts ; Prturi�Lt 1 I\ttA For Dallas/Fort Worth, Wichita Falls, Waco, Q M Tyler areas Name: The Barry Group, L.L.C. Phone: 972-312-8448 history Fax: 972-312-8408 values IOCd tIDI l l + events y'f a � what's new For Houston, College Station, Pasadena, Beaumont areas Name: The Barry Group, L.L.C. Phone: 281-445-9011 Fax: 281-445-9090 ATYACHMENT D For San Angelo, Midland, Abilene, Amarillo, Lubbock, I Paso areas ame: The Barry Group, L.L.C. Phone: 806-748-8183 800.328.7881 Fax: 806-748-8193 Joseph S. Berry, President For Austin, San Antonio, Corpus Christi, Laredo areas Name: The Barry Group, L.L.C. Phone: 512-899-9755 Fax: 512-899-9744 Return to the L4cdl Rep page. ,t%btfl Get tontinvinq tdviotion uedlis Moro. about us I our brands I projects I online catalog I our perspective I contact us Privacy and Legal Information Copyright 2003 Tnemec Inc. All Rights Reserved http://w,.vw.tneinec.com/getRep.asp 5/18/2004 ATTACHMENT - E Preferred placement for reinforcing side plate. Incorrect placement for reinforcing side plates. ATTACHMENT - F Preferred placement of bottom channels. Chain attachment metal lids portion to side of dumpster. �\ s R 1, o L--- -' - M _ �J c 1 1 �\ s R 1, o L--- -' - M _ �J �' � � '�- - -- 0 H 1 - ;/ 4 '1/ 4 GGn Jo - P2, L L 3-1 rrB 12-10659-C1, Slant Side -Loading Refuse Containers Resolution No. 2012—RO206 BID FORM Slant Side -Loading Refuse Containers City of Lubbock, Texas ITB No. 12 -10659 -CI In compliance with the Invitation to Bid 12 -10659 -CI, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. 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 12 -10659 -CI is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM QTY Unit of DESCRIPTION UNIT PRICE* EXTENDED Delivery (Days) (+/-) Measure BID COST ARO** 1. 25 Each One and one -half -cubic yard $ S slant side -loading containers, as / O (� Y(o I D specified herein 2. 25 Each Two -cubic yard slant side- $ $ loading containers, as specified O S b r^ S Q herein .0 1 of I ,o 3. 120 Each Three -cubic yard slant side- $ $ loading containers, as specified 5 e� 4 S gib a herein 11 ,a 1 .o 4. 10 Each Four -cubic yard slant side- s $ loading containers, as specified 5-9 q .00 s(g Q, o o herein If the unit price and the extension price are at variance, the unit price shall prevail. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of L%, net ^3 11 calendar days. 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 FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured 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 inter -local 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? ITB 12 -10659 -CI, Slant Side -Loading Refuse Containers Other governmental entities that might have interests is this contract are Frensbip Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock independent School District, South Plains Association of Governments, City of Texarkana, Tens Tech University, West Tens Municipal Po Agency, Lyn■ county, ani Cit�of WolRorth. YE 3 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 rnateriala/servic•,es under the contracts) awarded as a result of this sohcitat M All purchases by vanmerrtal entities other than the City of Lubbock wip be billed directly to that governmwtal a b!ty and paid by that goverm�ntal entity. City of Lubbock will not be respoosble for another govemmmtal entity's debt. Each governmental entity will order their own materials/service as needed ITB 12 -10659 -CI, Slant Side -Loading Refuse Containers �Qt IS BID (y9 SUBMITTED BY S i �t / / lL a corporation organized under the laws of the State of or a partnership consisting of or individual trading as o the C' of 7,5703 City:�*l A-b-tr /% , y Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: I Woman Black American I V I Native American I I Hispanic American_ Asian Pacific Americ4 I Other (Soecifv) Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required under the Tex. Occ. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. to order for a bid to be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licenses issued by the State of Texas: 1. Name and Manufacture's License No. 2. Name and Converter's License No. 3. Name and Representative's License No. 4. Name and Franchise Dealer's License No. General Distiposhing No. (Franchised TX dealer) -1 Y / sign by hand Officer Name and Title: JZAP &Z Please Print /) l Business Telephone Number v FAX• W `9 ,S - v/ E-mail Address: FOR CITY USE ONLY Bid Form Item Numbers) Awarded to Above Named Firtdlndividual: Date of Award by City Council (%r bids over $13.000): Date P.OJContract Issued: RETURN COMPLETED dt SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.