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HomeMy WebLinkAboutResolution - 2017-R0044 - Roll Offs USAResolution No. 2017-R0044 Item No. 5.16 February 9, 2017 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. 13101 for Slant Side -Loading Refuse Containers, by and between the City of Lubbock and Roll Offs USA of Durant, OK., 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 February 9, 2017 U---- DANIEL M. POPE1 MAYOR ATTEST: RebecEa1Yar�za­,CiVSeJretary APPROVED AS TO CONTENT: <� (-, M( Scott Snider, Assistant City Manager Ulm I0 : IKGjto)Lim RES.Contract-Nbr 13101-Roll Offs USA 1.10.17 Resolution No. 2017-R0044 Contract 13101 City of Lubbock, TX Contract for Products For Slant Side -Loading Refuse Containers THIS CONTRACT made and entered into this 9th day of February, 2017 by and between the City of Lubbock ("City"), and Roll Offs USA ("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 are attached hereto and made part hereof, Contractor will deliver to the City, Slant Side -Loading Refuse Containers and more specifically referred to as items one through three 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 procedures outlined in the Bid Form and Specifications attached hereto. 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 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. Upon extension, the rates may be adjusted upward or downward at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most effective for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a 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. 5. 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. 6. INSURANCE 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. INSURANCE COVERAGE REQUIRED 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. 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): TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Other ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY El AUTOMOTIVE LIABILITY ® Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ All Owned Autos ❑ Hired Autos COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp/Op AGG Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Combined Single Limit Per Occurrence $1,000,000 Each Occurrence Aggregate ❑ Any Auto Auto Only - Each Accident ❑ Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs ❑ POLLUTION ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY $500,000 BOTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis. ® To include products of completed operations endorsement. ® Waiver ofsubrogation in favor of the City of Lubbock on all coverages, except The City of Lubbock shall be named as an additional insured on a primary and non-contrit shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies 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. 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, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES 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 INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13`h Street, Room 204 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 shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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 of insurance from the Subcontractor that complies with all insurance requirements. 12. This Contract consists of the following documents set forth herein; Invitation to Bid No. 17-13101-KW, 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. CITY OF L BOCK Daniel M. Pope, Mayor ATTEST: Re t Garza, City Secrei APPRO D AS TO CONTENT: Scott Snider, Assistant City Manager CONTRACTOR BY t orized Representative Al"15L — P14141-,Ps Print Name tab 30k W 7 Address A, )Q.Ary-1-- 04 7724?0-1 -o City, State, Zip Code City of Lubbock Slant Side -Loading Refuse Containers Specifications 1. GENERAL It is the intent of the City of Lubbock, Texas, 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 rotationally molded high density polyethylene (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 months after delivery against defective workmanship and materials. Prices bid shall include delivery to 1631 84th 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 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. Container bottom shall be high molecular weight polyethylene or 100% recycled rubber/plastic alloy. The City of Lubbock will accept bottoms produced by Technology Plastics, Inc., Bryan, TX (888.611.3333), or approved equal. Top perimeter of container to be reinforced by 12 gauge formed channels. Page 30 of 55 rFB 17-13101-KW Slant Side -Loading Refuse Containers Bottom of the container will be reinforced with two C3 X 4.1 channels located I I" 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 '/2" diameter x 3 %" 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. PLASTIC CONTAINERS: Lifting arms should be made of 3/8 steel and as per attached drawing. Arms should be painted with an A-36 or equivalent black powder coated paint. Lifting arms should have interior and exterior support for heavier loads. Lifting arm plates should be secured with ten bolts on each side. Locking bracket shall have two set of teeth/pins to connect to refuse truck arms. Hardware to be designed so that insects are unable to build nests. Lifting arms shall be installed before delivery. 3, PLASTIC CONTAINER — SEE ATTACHMENT AA All plastic containers shall be durable rotationally molded high density polyethylene (HDPE). HDPE molded container shall be 100% recyclable and UV protected to resist surface fading. HDPE plastic container shall not rust or chip paint. HDPE Plastic shall be constructed with a back ledge to keep the lid closed. Sides and bottom shall be constructed with lift strengthening ribs. Double wall lid secured at multiple hinge points for added strength. Secure metal lifting brackets - Lift arms (hook up arms), interior and exterior support, shall be teeth or pin style mounts compatible with collection equipment now in use by the City. Lift arms shall 3/8 inch powder coated steel and be installed with 10 pre -drilled bolt holes. Metal lifting brackets and lift arms will be installed by vendor. Container shall be fully - functional and ready to use upon delivery. Pace 31 of 55 ITB 17-13101-KW Slant Side -Loading Refuse Containers 4. 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 (888.611.3333), 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 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 PLASTIC CONTAINERS: Plastic container bottom shall be durable rotationally molded high density polyethylene (HDPE) shall be 100% recyclable. 5. STEEL TUBULAR LID -STOPPER STEEL CONTAINERS Tubular lid -stopper shall be constructed of 3/ " 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 6. 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 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. Page 32 of 55 ITB 17-13101-KW Slant Side -Loading Refuse Containers 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. PLASTIC CONTAINERS Front lid shall be heavy HDPE black plastic with UV Protection and watertight seal. Reinforced double wall lid shall be secured at multiple hinge points for added strength; rotationally molded - double wall construction. Molded -in hinge point with two point contact. HDPE plastic lid pins. Double wall lid shall be secured at multiple hinge points for added strength. 7. 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. PLASTIC CONTAINERS: Plastic containers shall be cleaned and shall be free of any foreign material. Construction of plastic container shall show evenness of surface. 8. PAINTING STEEL CONTAINERS: 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. APPLICATION 1. Mix and apply coating according to manufacturer's printed instructions. Page 33 of 55 rrB 17-13101-KW Slant Side -Loading Refuse Containers 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 PLASTIC CONTAINERS: Finish Coat: Finish coat color shall be a sandalwood brown or similar color to match existing containers. 9. SPECIFICATIONS VARIATIONS Variations from these specifications and/or attached drawing WILL NOT BE ACCEPTABLE 10. QUANTITY Either steel OR durable rotationally molded high density polyethylene (HDPE) Page 34 of 55 ITB 17-13101-KW Slant Side -Loading Refuse Containers 11. 12. 25 more or less 2 cubic yard side load containers 180 more or less 3 cubic yard side load containers 20 more or less 4 cubic yard side load containers QUALIFICATION OF BIDDER Bidders must be able to demonstrate experience and successful completion of large-scale metal fabrication or plastic fabrication projects. TERM OF CONTRACT The terms of the bid will be for one (1) year, with the option to renew annually up to four (4) additional years, upon mutual agreement of both parties. At annual renewal, the rates may be adjusted upward or downward at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most effective for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. Page 35 of 55 ITB 17-13101-KW Slant Side -Loading Refuse Containers Revised BID FORM Slant Side -Loading Refuse Containers City of Lubbock, TX ITB No. 17-13101-KW In compliance with the Invitation to Bid 17-13101-KW, 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 17-13101-KWis by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM DESCRIPTION U!M QTY (+/- COST PER TOTAL UNIT* EXTENDED COST 2 Cubic yard side -load refuse 1 containers constructed in steel as specified EA 25 �pco� 13 060 3 Cubic yard side -load refuse 2 containers constructed in steel as EA 180 0 7doo specified 4 Cubic yard side -load refuse 3 containers constructed in steel as EA 20 Q 000 specified Second Option Below 2 Cubic yard side -load refuse 4 containers constructed in durable EA 25 rotationally molded high density polyethylene as specified 3 Cubic yard side -load refuse 4 5 containers constructed in durable EA 180 rotationally molded high density polyethylene as specified 4 Cubic yard side -load refuse 6 containers constructed in durable rotationally molded high density EA 20 polyethylene as specified Paint Upgrade Optional 2 Cubic yard side -load refuse 7 containers constructed in steel as EA 25 specified 2 3 Cubic yard side -load refuse 8 containers constructed in steel as EA 180 specified 4 Cubic yard side -load refuse 9 containers constructed in steel as EA 20 \ specified 2 Cubic yard side -load refuse 10 containers constructed in durable rotationally molded high density EA 25 polyethylene as specified 3 Cubic yard side -load refuse 11 containers constructed in durable rotationally molded high density EA 180 \ \l polyethylene as specified 4 Cubic yard side -load refuse 12 containers constructed in durable EA 20 rotationally molded high density polyethylene as specified \ Please specify paint type, if using paint upgrade option:__ Total $122,050 PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed 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. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of %,net9alendar 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 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 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. Other governmental entities that might have interests In this contract are Frenship Independent School District, Lubbock I IousIng Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association or Covernmenis, CN) of Texarkana, Texas Tech University, Nest Texas Municipal Power Agency, Lynn County, and City of AVolfronh. 1'Es_x NO • Ifyou (the bidder) checked YES, the followin;-, will apply. Governmental entities utilizing huctlocal Agreements for Cooperative Purchasinp with the City or Lubbock will be eligible, but not obligated, to purchase matc7ials/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 Cry of t.uhhock will not be responsible for another governmental entity's debts Each govcmmr:ntal entity will order their own matcrialsr'service as needed THIS BID IS SUBMITTED BY_ Rba opm ( )sA a corporation organized under the laws of the State of or a partnership consisting of or individual tradin as Firm: City: Bidder acknowledges receipt of the following addenda g of the City of ,fM1 Z4b State:. 0 ice' Addenda No. Date. IVIG 6 Addenda No. Date Addenda No. _._ d „Date Addenda No. Date M/WBE Firm: I Woman Black American t Native American Hispanic American Asian Pacific American Other (specify) B ' _ Date: -e Represeutatii",e - nJust sign by hard Officer Name and Title: WA1OFL-C. P141 LC. /PS 4 Jl1 te7z�Q Please Print —� Business Telephone Number S926 ?.I L% C SSS FAX: S.RQ 59'i 9E_1�5 E-mail Address:_ 61ya— /ps RDLL0,rSJ4AUE�T-- FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over S50,000)- Date P.O./Contract Issued: RETURN COMPLETED & 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. 4 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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 Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-138688 Roll Offs USA Mead, OK United States Date Filed: 11/18/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 01/09/2017 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. Bid No. 17-13101-KW Side -Loading Refuse Containers 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Hankey, Ray Jean Mead, OK United States X Hankey, J. Daniel Mead, OK United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 1r& City of If Lubbock TEXAS PURCHASE ORDER TO: ROLL OFFS OF USA PO BOX 727 DURANT OK 74702 Page - 1 Date - 10/3/2018 Order Number 1002060, 000 OF Bmnch/Plant 5811 SHIP TO: CITY OF LUBBOCK SOLID WASTE DEPARTMENT 208 MUNICIPAL DRIVE LUBBOCK TX 79457 INYOICETO: CIWOFLUBBOCK ACCOUNTS PAYABLE P.O.Box2me �1 LUBBOCK, TX 79457 Alana AlvareMm,lRorofNmhasing&Cony tMa ge l Ordered 10/3/2018 Freight Requested 3/15/2019 Taken By SGONZALEZ Delivery P MORIN REQ 52779 CONTRACT 13101 Description/Supplier item Ordered Unit Cost UM Extension Request Date 2 CYD Refuse Containers 26.000 574.0000 EA 14,924.00 3/15/2019 3 CYD Refuse Containers 347.000 627.0000 EA 217,569.00 3/15/2019 4 CYD Refuse Containers Terms NET 30 IINJUR NI C 20.000 704.0000 EA 14.030.00 3/15/2019 per occurrence - 246.573.00 or $1,000,000 General Aggregate. Employers Liability. Copies of endorsements are Personal & Adv. Injury required. Contractual Liability Automotive Liability- Combined Single limit for Any Auto - $1,000,000 City of Lubbock is named as an additional insured on a primary and non-contributory basis with a waiver of subrogation in favor of the City of Lubbock on liability coverages. To include products of completed operations endorsements. Waiver of subrogation provided on the workers' compensation. This purchase order encumbers funds in the amount of $246,573 awarded to Roll Offs USA of Durant, OK, on October 3, 2018. The following is incorporated into and made part of this purchase order by reference: ITB 17-13101-KW dated February 9, 2017, Roll Offs USA of Durant, OK. Resolution No. 2017-R0044. CIT OF LUBBO t Daniel M. Pope, Mayor ATTEST: ebe ca Garza, City Secretar Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX 1. SELLER TO PACKAGE GOODS. Seiler will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Sellers nice and address, (b) Comignoo's same, address and purduse order or pruchm mica:enumber and the supply agrantem number ifappticabk.(c)Camaineemamberand total nunba of coma stet, cg. box 1 of 4 boxes, and (d) the cumber of die camasnahaving the packi s . Sena"Ibear ooaofpacktgirgudessotherwise, pmvided Goods shall be suitably paced to sans lowest traspottuion costs and to confirm with requaanaus of comma carriers and any applicable spedBeaioss. Buyer's aunt or weight shall be Mal and conclusive on shipments - b1' packing ti- t SHIPMENT UNDER RESERVATION PROIHBrrED. Sella is eat authorized to ship the goods under marvathonand ao tender cf a bill of lading will cpaae n a tads orgoods. 3. TITLE AND RISK OF LASS. The tale and risk of bar of die goods shag not pan to Buyer mail Buyer actually receives and takes possession of the goods at the point err points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods mast fully comply with an provisions of this eomract as to deseardelivery, quality and the like If a tender is made whk h does not tudy conforms, this shall constitute a breach and Sella shall not have the right to substitute s conforming tender. provided, where the time for performance has no yet expired. the Seller may reasonably notify Buys of his intention to cue ad my then ante a conforming terder within the contract time bin not afterward. 5. INVOICES k PAYMENTS. L S e 110 r shall submit separate invoices, in duplicate, one each purdtae order or purchase release after each &livery. Invoices slap indicate the puresnse order or purchase release mmnba and the srtppy ag vemem number if applicable. lovelies shall be itemized and transportationcharges, if arty, shall be listed separately. A copy of the bill of lading, and the height waybill when applksbk, should be attached to the immix Mail to: Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock. Texas 7%57. Payment shall not be due wail the above instruments we submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Sella if Is is daani ned by Buyer that graruaim in the form of entertainment, gifts or otherwise, were offered or given by the Seiler, or any agent or «pesrntative of the Setter, to any officer or employee of the City of Lubbock with a view to searing a contract or saying favorable tmxawm with respect to the awarding or amending, or the making of any daeiminatlona with respect to the performing of such a amract. In the eva s this contract is canceled by Buyer pursuant to this provision. Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount o(tho cost Incturod by Sella in providing suchgratuitim 7. SPECIAL TOOLS k 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 Sella fin the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buys acid to the extent feasible shall be identifhcd by the Seiler as suck S. WARRANTY -PRICE. a The price to be paid by she Buyer "it be that contained in Seller's bid which Sella warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement far similar quantities under similar of like cendidlons and methods of purchase. In the event Seller breaches this wamnry. the prices of the items tlhall be reduced to rho Seller's current Arias on orders by When, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Sella warrants that no pawn or selling agency has been employed or retained to solicit or secure this contract upon an agueanrnt or understanding for commission. pacau4c. brokerage. or contingent fee excepting bona fide employees of ham fide established tamniacial or selling agencies mmhmaintd by the Sella for the purpose of scouring business. For breach of vitiation of this warranty the Buyer shall have the right in addiion to any other right of rights to cancel this contract without liability and to deduct ti an the contract price, or otherwise recover without liability and to doduct from ale contract pike, or otherwise recover the full amount of such commission. percentage, brokcrW or contingent fee. 9. WARRANTY -PRODUCT. Sella shall not lima or exclude any Implied warranties sod any atumpt to do so shall tender this contract voidable at the option of the Buyer. Sella wattams that the goods titnishod will cenformm the specification, drawings, said daatatbm listed in the bid imitation, and to thesuryle(s) famished byte Sella. if arty. In tin event of a conflict or bawa t the specifications. drawings. and descriptions, the gmmficm m shall govern. Notwithstanding any provisions cemained as the contractual agreement, the Sella represents and warrants bath -free performance and fault -Erse result in she processing due and date related data (inietodim bin not limited to calculating, computing and sequencing) of all hardware. software and finnwaeo products delivered and services provided under this Comma, individually or in combination, as the case may be firm the effective due of this Contract The obligations contained haein apply to produces and services provided by the Seller, its sub- Sella or any thud parry involved in the action or developmnt of the products and services to be delivered to the City of Lubbock under this Contract. Faslum to comply with any of the obligation contained baea. may result in the City of Lubbock availing itself of any of in rights udei the law and under this Contract Including, but net banned to, its right pertaining to termination or drAPA The warranties contained ham arc separate and discrete fiem any other warranties spectral at this Carona, zed we not subject to any dselti ter of warranty. implied or expressed, or Ionization of the Sella's liability which maybe specified in this Ceramics. as appendices. as schedules. is annexes or any document incorporated in the Contractbytc6 c ,c I& SAFETY WARRANTY. Sella warrants that the product sold to the Buyer shall conform to the stardan4 pmmnlgued by the U. S. Depamnem or Labor under the Occupational Safety and Hahh Act of 1970. In the eem the product does na conform to OSHA standards, Buyer any return the product for correction or replacanea as the Seta's tape = In the ewem Seiler bib to make the appropriate correction within a reassemble time, correction stale by Buys will be at the Seller's expense 11. NO WARRANTY BY BUYER AGAINST DWRINGMEENTS. As pan of this contract for sale Seiler agrees to ascaain wh abor goods tmmufiaured in sorordaeo widen she specifications attached to this agmemem will give rise to the rightful claim of any third person byway of infringement of the life. Buyer sakes no warranty that the productionofgaodt according to she specifiestios will not give rise to such a chin. and in no Bent shall Buyer be table to Sena for kdaailkuion in the evert that Setter is sued on the grounds of infringement ottho Inlne. If Seller is orthe opinion that an Wringancm orthe like will resuh, he will notify the Buyerto thin effort in writing within two weds after the signing of this agreement. If Buyer does tot receive notice and is subsequently held liable for the (afsingemmt or the like. Sells will rave Buyer harmkn. If Sella in good !kith ascertains the production of the goods in accordance with she specifications will caul: in infringemertt or the like the contract stall be curl ad wad 12. NON APPROPRIATION, All funds for payment by the City under this co -act arc subject to the availability of an annual appropriation for dais purpose by the City. In rho event of nomppropriuioe otfimds by the city council orthe city or Lubbock far the good, or services provided wrier the contract, the coy will termimtc the eonzact. without termination charge or Who liability, on the last day of the then -current fiscal year or when the appropriation made ferthe thatcu , year for the goods or services covered by this contract is spent, wbkheva event occurs Brat. If at any time funds are net appropriated (or the continuance of this contract, cancellation "I be accepted by the Seiler on thirty (30) days prior written notice, but failure to give such notice shell be of no effect and the City shall not be obligated under this contract beyond the due of tatdnatlem 13. RIGHT OF INSPECTION. Beyer shill have the ri1thn to inspect the gnnodv at delivery before accepting them. 14. CANCELLATION. Buyer shall have she rigin to cancel for default all or any pan of the undclivacd portion of this order if Setter breaches any of the tams hereof including warranties of Sella or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any, other remedies which Buyer any have in law or equity. 15. TERMINAT10N. The paifiama tceof wok under this order any be terminated in whole, or in pan by the Buyer in accordance with this psovsiom Tanmsam of we* hereunder shag be effected by the delivery of the Seiler of a "Notice of Temmwion" specifying the extent to which perfarensce of weak water the aadi r s tmmuited and the due upon whimsy such taminuion becomes eff xtivc Such sighs or tamim ion is in addition to and min fiat of the sights of Buyerso forth in Clause 14. herein 16. FORCE 161AIEURE Neitherparry shall be held responsible for bran, tesaling if the adflum , of any tam of provisi im or this contract is delayed or prevented by any ace arm within rho control of the pity whose perfxemantt is aaafered with, and which by the exarcise of rasomble, ditigenee said party is unable to proem 17. ASSIGNMENT -DELEGATION. No sigh or interest in thin contract slad be assigned at dekgasfon of any obligation made by Sella withow the wirer, permission of the Buyer. Any attempted aaivinvaa or delegation byShca shall bewlsollyvadmid totally inci f xtive for all puuposewdess made in conformity with this paragraph I8. WAIVER No claim or egtlst arising out of a breach of this contract an be discharged in whole or in pat by a waiver or seramcinia s of the claim or right unless the waiver or renunciation is supported by eaaidauionand is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This wiping, phis any spaifrations for bids and performance provided by Buyer in as advertisement for bids, and any other documents provided by Sella as pat of his bid, is intended by the pasties as a final nprcssion of their agrecnera and intended also as a complete and exclusive statement of the teems of their agreement. Ultenevera tam dellacciby the Unifaetm Commercial Code's used in this agreement. the definition contained in the Code ism control 20. APPLICABLE LAW. This agreement shall be governed by she Uniform Commercial Code, Whesma the tam "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 due of this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to quatbn the other patty's intent to perform he may demand that the other piny give written assurance of his Intent to perform In the evem that a demand is made and no assurance is given within five (3) days, the demanding party may teat this failure as an aticipatory, repudalionof the contract. 22. iNDEvtNIETCATION. Sella shall indemnify, keep and save harmless the Buyer, its agents. officials and employees, against all injuries, deaths, loss. damages, claims, patent claims, suits, liabithies, judgments, costs and cxpcnm, which mayin anywise accrue against the Buyer in consequance of the starting of this Conran or which may anywise result thacftam, whether or no it shall be alleged or determined that the act was caused through negligence or omission of the Seller or as empbyees, or of the subselkr or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys sod all costs and other expenses arising therefrom of Incurred in connection therewith, and, if atsy judgment shall be tendered against the Buyer in any such anion, the Seller stall, at its own expenses, satisfy and discharge the same Seller expressly understands and as = that any bond requited by this contract, or otherwise provided by Seiler, shall in no way limit the responsibility to indemnify. keep and save harmless and defend the Buyer as herein provided 23. TLME. Its hereby expressly agreed and understood Unat time is of the essence for the perfomwicc of this contract, and failure by contract to area the time specifications of this agreement will awe Seller to be in defaultof this agreemena. 24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to that; request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation ad will not be discriminated against on the grounds of race, color, am or natural origin in consideration for an award. 25. NON-ARBTTRATION. The City receives the right to exercise any right or randy to it by law, comma, equity, or oUmviu, inducting without Initiation. the right to seek any and all form of relief to a eons of ca paem jurisdiction. Fuether, the City shall not be subject to any arbitration process prior to exercising iuunresuicted riglr to sock judicial remedy. The remedies sat forth herein am ctnmduive and not exch live. and may be exercised cotetuready. To the extern ofany ocau ict baween this provision and another pmvitgn a. or related to. this document. this provision shall control. 26. RIGHT TO AUDIT. At airy time during the term of the wmra s, or dereada, the City. or a duty authorized audit representative of the City or rho Stine or Texss, at ins expense and u reasonable tamm receives the right to audit Contracsors records and books relevant to ail service provided to the City under this Contract. In the eat such an atda by the Coy reveals any criws or overpayments by the Coy, Contractor shall refund the City the full auoum of ach overpayments within thirty (30) days of such suds findings. or the Coy, at is option. reserves the right to deduct such amausis owing the Coy from any paytnaros ducconaaaar. 27. HOUSE BILL 2015. Have Bill 2015. signed by the Governor on June 14. 2013 and effective on hmaay, 1, 2014, auhocss a penalty to be imposed on a person who contracts for certain savior with a governmental entity and who bib to properly classify their workers. This applies to stebrontracsas as weer Contractors and subceatractors who bhl to Mopaty classify indhvhduuib pafamecmg work under a govemmemal contract win be peaaliend S200 far each ini ividucl this has boon mbclatfified (Texas Government Code Section 2155vo1), 28. ASSIGNING ORSUMMING Td1ECONiRACT. TMConuworslullnoianignarn&ktUeccmw, or any portion of the contract. without written assent fees she Director of hociming and Courses Matsagasent. Should consent be given. the Contractorcan Immc the Subcoara for or than provide Macron i nura roc from ile Subcorasstor that complies with all contract Insurance rquvertew. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. Hose Bin 1295, adopted by the 84th Legislature. creuod 12252.908. Tess Gwesnmau Code Section 2251903 requees a business entity entering Into certain contracts with a governmental entity or rate agency to file with the govannental entity at state agency a disclosure of imaestcd parties at the time the business entry submits the signed contract to the govaunemal entity or suite agency. Instructions for coarlaing Form 1295 am "table at; hu , wmw•.ci lubback,g�rrhging vrndnr•infi,rmtinn 30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliam with all time and conditions and the descriptive material contained herein and anyaddalenal associated documents and Nnadmarta Tha Chy disclaims any terms and conditions Mudded by the Contrxmr unless agro d ppon in writing by the panic. In de event or conflict between these terms and conditions and any terms and conditions provided by the Contractor. the tame and condaiom provided herein shall prevail The term and conditions; provided herein in the final terra agreed upon by the parties, and any prior conflicting tam dull be of no force or effect. 31. By accepting this purchase order, the Vendor verifies that it does not Boycott keel, and agrees that duittg the tan of this Agreement (Contract as applicable) will not Boycots Israel as that tan is dogned in Texas Government Code Section 908.001, as amended. Rev. IM12017 Resolution No. 2017-ROO44 Item No. 5.16 February 9, 2017 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. 13101 for Slant Side -Loading Refuse Containers, by and between the City of Lubbock and Roll Offs USA of Durant, OK., 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 February 9.2017 DANIEL M. POPE, MAYOR ATTEST: i' Re arza, City Secretary i APPROVED AS TO CONTENT: rnn Scott Snider, Assistant City Manager APPROVED AS TO FORM: RES.Contract-Nbr 13101-Roll Otis USA 1.10.17 CITY OF LUBBOCK CONTRACT RENEWAUEX ENSIO.N NOTICE SECTION I- NOTICE OF RENEWAV MNSION [a�AnclERao.c lSLw 219/2017 EdOe:r QW2021 Shc wee N. IO OB17-151_`im C'o.owl THle: SILvl SidcloLdinB ReAve Coouioas Ceemel 15101 FAwmiev I cM Imurmce Veificd, N,WCoem T.: 28mis-79R010 SECTIONS. VENDONXONERAMR INFORMATION DWARTMENTINFORMArW. TO BE VERIFIED BY DEPARTMENT: C—WNeoder. Roll -OR, USA DCp.t Solid Wac C..e Kmddl Phpli, CmucL Pew,Meri. Moe: 530924W55 aI: 2481 Emril : IvhW*,&.0o0'-.et SECTION 5-RENEWAIdFJO 51S . The prdm vpm Iyc= cl will erpLc LI wld.*1 ov the we&e Othe"E.d Due er the N. C"e Tm -uelu Oa wrmew'eumdlbe emlrctf.rm Wdidooel of�e SFGf l ON c - CONTRACT TERM. the rootrLa wiB mevd uvde the LLge Wm Led eo.diB ofthc MZLl ---L 11 IWete>pomlbM,of the [mvLnw w en.uv STad uwL..e u m M- o1W the PuYburz ud Ccelectlq MLmeemeel u Aired move-Pamccw be udeLnlLNb the A.chd a -.MIL SECTION 5- INFORMATION VEAMED BY DEPARTMENT AND APYRDVED BY: cmlcmle.stll Ameem:9lgf s1y/rP,90 Cm crate: sea A el is IfA 600 RB[L NAGEMEAT — —�~11- �{1N1-1�/ 1 /I?f[t"�•• IMc CONiMCi00.NENNRTi11E 4. 2v. 2olg p 5R. Pu NAtmDarpNTRACT nw MAMA �u Err DECLQIEO BY: <OMAApTOR t>ve pOAA1TIENTHFAO m. REASON City of ,``Lubbock PURCHASE ORDER ' TEXAS TO: ROLL OFFS OF USA PO BOX 727 DURANT OK 74702 Page - 1 Date - 9/26/2019 Order Number 10022336 000 OP Branch/Plant 5811 SHIP TO: CITY OF LUBBOCK SOLID WASTE DEPARTMENT 208 MUNICIPAL DRIVE LUBBOCK TX 79457 INVOICETO: CITYOFLUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 If lu Marta A z ector of Purchasing & Contract Management Ordered 9/26/2019 Freight Requested 1/27/2020 Taken By J MONTES Delivery P MORIN REQ 54584 CONTRACT 13101 Description/Supplier Item Ordered Unit Cost UM Extension Request Date 2YD side loader slant 26.000 574.0000 EA 14,924.00 1/27/2020 3YD side loader slant 347.000 627.0000 EA 217,569.00 1/27/2020 4YD side loader slant 20.000 704.0000 EA 14,080.00 1/27/2020 Total Order Terms NET 30 rNSLTRaNCF RF0ITRFI)- 246,573.00 Commercial General Liability, per occurrence- 51,000,000 Worker's Compensation Amounts- $500,000 or Employer s General Aggregate. Liability - 51,000,000. Copies of endorsements are required. To include products of complete operations endor_ement Automotive Liability.•- Combined Single limit for Any Auto - $1 000.000 Cite of Lubbock is named as an additional insured on a primary and non-cmtributory basis with a waiver of subrogation in favor of the Cite of Lubbock on liability coy: eragea_ To include products of completed operations endorsements_ Waiver of subrogation provided on the workers' compensation. This purchase order encumbers funds in the amount of $246,573.00 awarded to Roll Offs of USA, of Durant, OK, on September 26, 2019. The following is incorporated into and made part of this purchase order by reference contract: 13101 dated February 9, 2017 from Roll Offs of USA, of Durant, OK. Resolution #2017-R0044 CITY OF LUBBOCK Daniel M. Pope, Mayor ATTEST: cp9te-W t )�� Rebecca arza, City Secretary Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX I. SELLER TO PACKAGE GOODS. 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. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. 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. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply with all provisions of this 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 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 Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices, in duplicate, one 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, should be attached'to the invoice. Mail To: Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer 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 to 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 this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. 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 filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller m such. 8. WARRANTY -PRICE. a The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of 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 others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this 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 of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return 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 Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no warranty that the production ofgoods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infiingement or the like, the contract shall be null and void. 12. NON APPROPRIATION. 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 nomappropriation 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 we 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. 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them 14. CANCELLATION. Buyer 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 or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein. 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformitywith this paragraph. 18. WAIVER. No claim or right arising out of a breach of this 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. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and 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 this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whereever 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 this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this 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 his 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. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subseller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. 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 farthherein 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. 26. 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 atreasonable 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. 27, HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. (Texas Government Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. 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 proofon insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Fore 1295 are available at: htto:.r, ,,.ci.lubbnck.t,.us departmental-websites,'departments%purchasine vcnd,)r-information 30. 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 agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 31. By accepting this PO, contractor acknowledges that pursuant to Section 2270.002, 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:(I) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.. Rev. 07/19 f' City of `*Lubbock TIXAS PURCHASE ORDER TO: ROLL OFFS OF USA PO BOX 727 DURANT OK 74702 Page - 1 Date - 12/15/2020 Order Number 10023586 000 OP Branch/Plant 5811 SHIP TO: CITY OF LUBBOCK SOLID WASTE 324 MUNICIPAL DRIVE KRISTI JACKSON LUBBOCK TX 79457 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 �Af LUBBOCK, TX 79457 BY: Marta Alvarez, Director Purchasing & Contract Management Ordered 12/15/2020 Freight Requested 12/15/2020 Taken By Delivery PER M ERCANBRACK REQ 56773 CONTRACT 13101 / QUOTE 0040642 C MULLEN Description/Supplier Item Ordered Unit Cost _U_M Extension Request Date 2 YD SIde Loader Slant 26.000 574.0000 EA 14,924.00 12/15/2020 3 YD Side Loader 347.000 627.0000 EA 217,569.00 12/15/2020 4 YD Side Loader 20.000 704.0000 EA 14,080.00 12/15/2020 Total Order Terms NET 30 INSURANCE REQUIRED: 246,573.00 Commercial General Liability, per occurrence - $1,000,000 Worker's Compensation Amounts- $500,000 or Employer's General Aggregate. Liability - $1,000,000. Copies of endorsements are required. To include products of complete operations endorsement, Personal & Adv. Injury, and Contractual Liability Automotive Liability- Combined Single limit for Any Auto - $1,000,000 City of Lubbock is named as an additional insured on a primary and non-contributory basis with a waiver of subrogation in favor of the City of Lubbock on liability coverages. To include products of completed operations endorsements. Waiver of subrogation provided on the workers' compensation. CI OF LU BO Daniel M. Pope, ayor A EST: A- Reb'bwGarza, City S rat ry Rev. 1/2020 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX I. SELLER TO PACKAGE GOODS. 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 ifapplicable, (c) Container number and total number of containers, e.g. box I 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. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. 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. 3. TALE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this 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 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 Buyer of his intention to cure and may then make a confomdng tender within the contract time but not aftenward. 5. INVOICES & PAYMENTS. a. S e 11 e r shall submit separate invoices, in duplicate, one 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, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer 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 to 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 this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. 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 filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. S. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of 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 others, or in the alternative. Buyer may camel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this 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 of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault-fice result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of is rights under the law and under this Contract including, but not limited to, is right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, is appendices, is schedules, is annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return 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 Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contact for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer 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 Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Sellcr is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing ofthis agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infiingement or the like, the contract shall be null and void. 12. NON APPROPRIATION. 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-curent fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contact 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 temnination. 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 14. CANCELLATION. Buyer 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 terns hereof including warranties of Seller or if the Seller becomes insolvent or commis acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. I & TERMINATION. The performanceof work under this ordermay be terminated in whole, or in part by the Buyer in accordance with this provision Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination' specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buycr set forth in Clause 14, herein 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose perPomance is interfered with, and which by the exercise of reasonable diligence said parry is unable to prevent. 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conforrnitywith this paragraph 18. WAIVER. No claim or right arising out of a breach of this 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. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in is advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terns of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Wherreever 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 this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this 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 his 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. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, is agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, Coss and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or is employees, or of the subSeller or assignee or is employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at is own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the gmunds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. 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 f inh 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 rebated to, this document, this provision shall control. 26. 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 is 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 ofsuch overpayments within thirty (30) days of such audit findings, or the City, at is option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified. (Texas Government Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. 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. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or sate agency. Instructions for completing Form 1295 are available at: httu•%!www.d lubb¢c&.ix.LL,'damrLnxnlal-websitesdenartments'numbasinr vendor -information 30. 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 terns and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terns and conditions and any terns and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terns and conditions provided herein are the final terns agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 31. HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying that:([) The Contactor does not boycott Israel; and(2) The Contractor will not boycott Israel during the term of the Agreement. 32. The Contactor (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. 33. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552, Government Code, may apply to this contact and the contactor 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. 34. Pursuant to Section 552.234(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request: own my lubbuck. us. Please send this request to this email address for it to be processed. REV. 1 2020 Papa: 1 Quote ROLL -OFFS USA P.O. BOX 727 DURANT, OKLAHOMA 747024)M (580) 92 4W5 Sold TO: CITY OF LUBBOCK ACCOUNTS PAYABLE PO BOX 2000 Lubbock TX 79457 CoMinn To: RNW 808.775.2485 Ship To: CITY OF LUBBOCK SOLID WASTE DEPT 1631 84TH Lubbock TX 78424- 109Iabonwr P.O. Ship VIA F.O.B. Tl ROT NET 30 Itan1 Number unit Ordered Shipped Bads Order 828PP ONE 26.000 0.000 0.000 2YD SIDE LOADER SLANT Whom O00 SN: TBD Bill Option 1 Opiiodl4 MIDLAND TAN Bill Option 2 Optiw03 112 M-19 X 30 X 29 LUBBOCK LO Blil Option 3 Optioi02 PAKMOR W/ 3' PIN BIII Option S Opti0r08 LUBBOCK SPEC BUMPER PAD 2YD SLANT SIDE LOAD STENCILED W BLACK PAINT - TBD Order Number; 0040642 Order Dolm 12Mr= Sateeparope HODS Cudorner Number. LUBCIT Price Amount 574.000 14,024.00 S3H 3YD SIDE LOADER ONE 347.000 Whom 000 0.000 0.000 627.000 217,M.00 ON: TOD Bill Option 1 OptioW MIDLAND TAN Nil Option 2 OptioiO3 PAKMOR W/ r PIN Bill Option S Optiod)5 112 ML -1W 30 X 29 -LUBBOCK Bill Optien 8 OptioOS LUBBOCK SPEC BUMPER PAD 3YD SIDE LOAD STENCILED W BLACK PAINT TBO S4 EACH 2O.000 0.000 0.000 704.000 14AMOO 4YD SIDE LOADER Whse: 000 SN: TOD MR Option 1 Opti01A4 MIDLAND TAN Nil Option 2Optia02 PAKMOR W/3" PIN Bill option 3 OptloiO4 IrAAL -1/4' 30 x 29 LUBBOCK MR Option 8 OpNoAS LUBBOCK SPEC BUMPER PAD 4YD SIDE LOAD STENCILED W BLACK PAINT TBD P"a 2 Quota ROLL -OFFS USA P.O. BOX 727 DURANT, OKLAHOMA 74702-0727 (580) 924.6355 Sold To: CITY OF LUBBOCK ACCOUNTS PAYABLE PO BOX 20M Lubbock, TX 79457 ConAmt To: RICKY 606-775-2485 Ship To: CITY OF LUBBOCK SOLID WASTE DEPT 183184TH LubbocK TX 79424 Order Number: 0040642 Order Date: 121U2020 Setespersorc HODS Customer Number: LUBCiT Customer P.O. Shlp VIA F.O.B. 7brms ROT NET 30 Item Number Unit Ordered Shipped Back Order PACKMORE W 3.8- PIN _ .. BUMPER PAD 20 X 30 X 1/4- X 20- LIDS -112 METAL 2 PIECE PLASTIC 1/4- (LUBBOCK LOGO) UDS LUBBOCK LID BRACKETS RETAINING CHAINS (2 PER LID) LID STOPPER - 3W ROUND BAR 16- LON06 41 TALL WELDED IN CENTER OF METAL UD (2- OFF CENTER TOWARDS THE REAR) CONTAINERS STENCILED IN BLACK PAINT (BOTH SIDES) COLOR: MIDLAND TAN BUILD TO SPECS FREIGHT INCLUDED - BID PRICES Price Amount Net Order: 240,573.00 Leas Dleoount 0.00 FreV t 0.00 Sales Tax 0.00 Order 7btet 248,573.00 Resolution No. 2017-R0044 Item No. 5.16 February 9, 2017 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. 13101 for Slant Side -Loading Refuse Containers, by and between the City of Lubbock and Roll Offs USA of Durant, OK., 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 February 9.2017 DANIEL M. POPE, MAYOR ATTEST: Rebe uza, City Secretary APPROVED AS TO CONTENT: Scott Snider, Assistant City Manager APPROVED AS TO FORM: RES.Contmct Nbr 13101-Roll Offs USA 1.10.17 CITY OF LUBBOCK CONTRACT RENEWALIEXTENSIION NOTICE SECTION I -NOTICE OF RENEWAIJEXTENSION: Contract Effective Date: 2/9/2017 End Date: 4/9/2021 Solicitation No./Doc M. ITS 17-13101-KW Contract Title: Slant Side -Loading Refuse Containers Contract: 13101 Extension: 3 of 4 New Contract Term: 4/9/2020— 4/8/2021 SECTION 2. VENDOR/CONTRACTOR INFORMATION DEPARTMENT INFORMATION: IV IfE VEKINED BY MPAKTMMP. ContractorNendor: Roll -Offs USA Contact: Kendell Phillips Phone: 580-924-6355 Email: kphillips@rolloffs.net Department: Solid Waste Contact: Brenda Haney Ext: 2334 SECTION 3 - RENEWAL/EXTENSION: The parties agree the contract will expire at midnight on the date defined as the "End Date of the New Contract Term" unless the parties aim to renew/extend the contract for an additional period of time. SECTION 4 - CONTRACT TERM: The terms and conditions of the original contract shall remain in place and are not altered by this renewal/extension. SECTION 5 - INFORMATION VERIFIED BY DEPARTMENT AND APPROVED BY: AMOUNT APPROVED AND APPROPRIATED FOR RENEWAL/EXTENSION TERM: Cost Center: Account: S Cost Center: Account: S ACC WED BY: DEPARIVJNTREAD Dare CO R/VNDOR baur I<WAj5� 4 AAU' P5 12/11/2020 "INI E4;eroF, r L -C, INSURANCE, VERIFIED Dale CONTRACTORMENDOR TtTIX I *ZDI DIRECTOROkYURCHASINO& CONTRACT Date MANAGEMENT DECLINED BY: CONTRACTOR Date DEPARTMENT HEAD Date REASON: PURL $5 Kiara Morgan From: Kendell Phillips <kphillips@rolloffs.net> Sent: Friday, February 28, 2020 1:34 PM To: Kiara Morgan Subject: RE: Rates for Contract 13101 Slant Side Loading Containers Kiara, The rates are the same as last year. No change. From: Kiara Morgan[mailto:kmorgan@mail.ci.lubbock.tx.us] Sent: Friday, February 28, 20201:21 PM To: Kendell Phillips Subject: Rates for Contract 13101 Slant Side Loading Containers Good afternoon, Can you please send me the new rates for the year? Thanks, Kiara Morgan Buyer City of Lubbock Purchasing and Contract Management 1625 13`h Street, Room 204 Lubbock, TX 79401 Ph: 806-775-2167 Fax: 806-775-2164 atyof Lubbock Bid info: To view bid opportunities, please go to our Purchasing website at: https://www.bidsvnc.com/bidsvnc-app- web/shared/shared/em bed dedSearchResults.xhtml?srchoid override=4928&curronlv=l Purchasing REPORTS: City employees can access purchasing reports, documents and forms, by going to our Purchasing website at: https://clic.ci.Iubbock.tx.us/clic/departments/purchasing-contract-management/purchasinp-contract-management- forms Contract Info: City employees can access contracts and contract information using the link below: Enter your contract number in the search box. http://w2k12lfserver/WeblinklnternalAccess/ WARNING: This message was sent from outside the City of Lubbock's email system. !401- City of Lubbock PURCHASE ORDER TEXAS TO: ROLL OFFS OF USA PO BOX 727 DURANT OK 74702 Page - 1 Date - 11 /8/2021 Order Number 10024693 000 OP Branch/Plant 5811 SHIP TO: CITY OF LUBBOCK SOLID WASTE 324 MUNICIPAL DRIVE KRISTI JACKSON LUBBOCK TX 79457 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BYAMa,taAI Dim. rof Purchasing& Contract Management Ordered 11/4/2021 Freight Requested 11/4/2021 Taken By T VILLA Delivery PER M ERCANBRACK REQ 58045 CONTRACT 13101 / PURI6266 If you have any questions, please contact Morgan Ercanbrack at 806-775-3138 or via entail at MErcanbrack@mylubbock.us Description/Supplier Item Ordered Unit Cost UM Extension Request Date 2 Yard Side Load 24.000 615.3200 EA 14,767.68 11/4/2021 S2SPP Slant, with Lids 3 Yard Side Load S3H Slant, with Lids 3 Yard Side Load S3H Slant, with Lids 3 Yard Side Load S3H Slant, Aith Lids 3 Yard Side Load S3H Slant, with Lids 3 Yard Side Load S3H Slant, with Lids 3 Yard Side Load S3H Slant, with Lids 3 Yard Side Load S3H Slant, with Lids 36.000 672.1400 EA 24,197.04 11/4/2021 36.000 672.1400 EA 24,197.04 11/4/2021 36.000 672.1400 EA 24,197.04 11/4/2021 36.000 672.1400 EA 24,197.04 11/4/2021 36.000 672.1400 EA 24,197.04 11/4/2021 36.000 672.1400 EA 24,197.04 11/4/2021 36.000 672.1400 EA 24,197.04 11/4/2021 AF410- City of Lubbock PURCHASE ORDER Texas TO: ROLL OFFS OF USA PO BOX 727 DURANT OK 74702 Page - 2 Date - 11 /8/2021 Order Number 10024693 000 OP Branch/Plant 5811 SHIP TO: CITY OF LUBBOCK SOLID WASTE 324 MUNICIPAL DRIVE KRISTI JACKSON LUBBOCK TX 79457 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 QBL Marta 1 z, Director of Purchasing & Contract Management Ordered 11/4/2021 Freight Requested 11/4/2021 Taken By T VILLA Delivery PER M ERCANBRACK REQ 58045 CONTRACT 13101 / PURI6266 Description/Supplier Item Ordered Unit Cost UM Extension _ Request Date 3 Yard Side Load 36.000 672.1400 EA 24,197.04 11/4/2021 SM Slant, with Lids 3 Yard Side Load 36.000 672.1400 EA 24,197.04 11/4/2021 S3H Slant, with Lids 3 Yard Side Load 27.000 672.1400 EA 18,147.78 11/4/2021 S3H Slant, with Lids 4 Yard Side Load 15.000 754.6800 EA 11,320.20 114/2021 S4 Slant, with Lids Total Order Terms NET 30 262,009.02 INSURANCE REOUIRED: Commercial General Liability, per occurrence- $1,000,000 General Automotive Liability- Combined Single limit for Any Auto - Aggregate. Products-Comp./Op AGG, Personal & Adv. Injury, $1,000,000 Contractual Liability and Med Exp (Any one Person). Worker's Compensation Amounts- $500,000 or Employer's Liability - $1,000,000. Copies of endorsements are required. City of Lubbock is named as an additional insured on a primary and non-contributory basis with a waiver of subrogation in favor of the City of Lubbock on liability coverages. To include products of completed operations endorsements. Waiver of subrogation provided on the workers' compensation. wtesolulion No. ao 1T R oo44 CITY OF L OCK: Daniel M. Pope, Mayor ATTEST: Rebec t Garza, City Secretary Rev. 9/2021 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX 1 SELLER TO PACKAGE GOODS 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 time, 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 hearing 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 tamers and any applicable specifications Buyers count or weight shall be final and conclusive on shipments not accompanied by packing lists 2 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 3 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery 4 NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply with all provisions of this 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 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 Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward 5 INVOICES & PAYMENTS a S e I I e r shall submit separate invoices, in duplicate, one 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, should be attached to the invoice Mail To Accounts Payable City of Lubbock, P 0 Box 2000, Lubbock Texas 79457 Payment shall not be due until the above instruments are submitted after delivery 6 GRATUITIES The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer 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 to 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 this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities 7 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 filling this order, such special tooling equipment and any process ;heels related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such 8 WARRANTY -PRICE a The price to be paid by the Buyer shall be that contained in Sellers bid which Seller warrants to be no higher dhoti Sellers current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of 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 Buyer may cancel this contract without liability to Seller for breach or Sellers actual expense b The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this 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 of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without Lability and to deduct from die contract price, or otherwise recover without liability and to deduct from the contract price or otherwse recover the full amount of such commission, percentage, brokerage or contingent fee 9 WARRANTY -PRODUCT Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer Seller warrants that the goods furnished will conform to the specification drawings. and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller if any In the went of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including. but not limited to calculating comparm., and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination. as the case may be from the effective date of this Contract The obligations contained herein apply to products and services provided by the Seller, its stab- Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default The warranties contained herein are separate and discrete from any other warranties specified in this Contract. and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller s liability which may be specified in this Contract, its appendices, its schedules its annexes or any document incorporated in this Contract by reference 10 SAFETY WARRANTY Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U S Department of Labor under the Occupational Safety and Health Act of 1970 In the event die product does not conform to OSHA standards, Buyer may return die 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 Buyer will be at the Sellers expense I I NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As pan of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like Buyer makes no warranty that the production of goods according to the specification will not give rise to =_uch a claim and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement If Buyer does not receive notice and is subsequently held liable for the infringement or the like. Seller will save Buyer harmlcs; If Seller in good faith ascertains the production of the goods in accordance with the specification, will result in infringement or the like, the contract shall be null and void 12 NON APPROPRIATION All funds for payment by the City under this contract are subject to the availability of m annual appropriation for this purpose by the City In the event of nonappropnation 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 mitten 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 13 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery before accepting them 14 CANCELLATION Buyer 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 or commits acts of bankruptcy Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity 15 TERMINATION The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon winch such termination becomes effective Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein 16 FORCE MAJEURE Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said part) is unable to prevent 17 ASSIGNMENT -DELEGATION No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of die Buyer Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph 18 WAIVER No claim or right arising out of a breach of this 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 19 INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and 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 this agreement, the definition contained in the Code is to control 20 APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code Whereever the temp " Umfomi Commercial Code is used, it shall be construed as meaning die Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement 21 RIGHT TO ASSURANCE Whenever one parry to this contract in good faith has reason to question the other parry's intent to perform he may demand that the other party give written assurance of his intent to perform In the event that a demand is made and no assurance is given "thin five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract 22 INDEMNIFICATION Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, Judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at Iris oven expense, appear, defend and pay all charges of attorneys and all costs and other expenses ansing therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its oven expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided 23 TIME It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement 24 MBE The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award 25 NON -ARBITRATION 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, die City shall not be subject to any arbitration process prior to exercising its unrestricted right to seekjudhcial 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 26 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 Contractoes records and books relevant to all services provided to die 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 die City, at its option, reserves the right to deduct such amounts owing the City from an) payments due Contractor 27 ASSIGNING OR SUBLETTING THE CONTRACT The Contractor shall not assignor sublet the contract or any portion of the contract, without written consent front 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 29 HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252 908, Texas Government Code Section 2252 908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the stbmed contract to the governmental entity or state agency Instructions for completing Form 1295 are available at hap.!:_ ch lu6bork,_tic.l + n>y j( >r(csldco,,nmenrsburchasrnuvendo[4efornavtFon 30. 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 agreed upon by the parties, and any prior conflicting terms shall be of no force or effect 31 TEXAS GOVERNMENT CODE, CHAPTER 2252 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252 152, certify that the company named above is not listed on the webstte of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806 051, Section 807 051 or Section 2253 153 I further certify that should the above -named company enter into a contract that is on said listing of companies on the webstle of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department 32 TEXAS GOVERNMENT CODE, CHAPTER 2270 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 S100,000 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 33 TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter 1, 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, Pursuant to Section 552 301(c) of the Texas Government Code, the City of Lubbock has designated the following emal address for which public information requests may be made by an emaled request Please send this request to this email address for it to be processed ouuin»vlubbmrk us REV 92021 Pass 1 Quote ROLL -OFFS USA Order Number. 0043337 P.O. BOX 727 DURANT, OKLAHOMA 74702 -0727 Order Dab: 10113FA21 (580) 9244358 Salesperson: HOUS Customer Number. LUBCIT Sold To: Ship To: CITY OF LUBBOCK CITY OF LUBBOCK ACCOUNTS PAYABLE SOLID WASTE DEFT PO BOX 2000 163184TH Lubbock, TX 79457 Lubbock, TX 79424 Con fnn To: KICKY 806-775.2485 Customer P.O. Ship VIA F.O.B. Tana ROT NET 30 Item Number Unit Ordered Shipped Back Order Price Amount S2SPP ONE 24.000 0.000 0.000 615.320 14.787.68 2YD SIDE LOADER SLANT Whss: 000 SN: TBD Bill Option IOptlorA4 MIDLAND TAN Blil Option 2 OpgoA3 112 M-1/4 X 30 X 29 LUBBOCK LO Bill Option 3 Optlor02 PAKMOR W/ W PIN Bill Option 5 Optloi06 LUBBOCK SPEC BUMPER PAD 2YD SLANT SIDE LOAD STENCILED W BLACK PAINT-TBD S3H ONE 351.000 0.000 0.000 872.140 233.021.14 3YD SIDE LOADER Whes: 000 SN: TBD Bill Option 1 OptloiA4 MIDLAND TAN BIII Option 2 OptloA3 PAKMOR W/ 3" PIN BIII Option 3 Optlot05 112 ML -1/4" 30 X 29-LUBBOCK BIII Option I Optloi05 LUBBOCK SPEC BUMPER PAD 3YD SIDE LOAD STENCILED W BLACK PAINT - TBD 84 EACH 15.000 0.000 0.000 764.680 11,320.20 4YD SIDE LOADER Whse: 000 SN: TBD Bill Option IOptlonA4 MIDLANDTAN BIII Option 2 Optlon02 PAKMOR W,' 3' PIN BIII Option 3 Optlor04 1/2ML -1/40 30 X 29 LUBBOCK BIII Option 0 Optloft LUBBOCK SPEC BUMPER PAD 4YD SIDE LOAD STENCILED W BLACK PAINT - TBD ALL CONTAINER: Canbued Quote Pape: 2 ROLL -OFFS USA P.O. BOX 727 DURANT. OKIMOMA 74702-0727 (580) 924-8X5 Sold To: CITY OF LUBBOCK ACCOUNTS PAYABLE PO BOX 2000 Lubbock TX 79457 Cordlnm To: RICKY OW775-2485 Customer P.O. F.O.B. Ship To: CITY OF LUBBOCK SOLID WASTE DEPT 1831 64TH LubboCk.TX 79424 Tberme Order Number 0043337 Order Ddc 10/13/2021 Salesperaore HODS Customer Number. LUBCIT ROT NET 30 Item Number Unit Ordered Shipped Back Order Prlae PAKMOR W 3.5' PIN BUMPER PAD 2' X 3' X 114' X 20" LIDS -112 METAL 2 PIECE PLASTIC 1/4' (LUBBOCK LOGO) LIDS LUBBOCK LID BRACKETS RETAINING CHAINS (2 PER LID) LID STOPPER - XC ROUND BAR 18" LONQ 4' TALL WELDED IN CENTER OF METAL LID (2" OFF CENTER TOWARDS THE REAR) CONTAINERS STENCILED IN BLACK PAINT (BOTH SIDES) COLOR: MIDLAND TAN BUILD TO SPECS FREIGHT INCLUDED - BID PRICES Amount Net Omer. 262.009.02 Less Discount 0.00 Fraot 0.00 Sales Twc 0.00 OrderTolat 262,009.02 Resolution No. 2017-R0044 Item No. 5.16 February 9, 2017 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. 13101 for Slant Side -Loading Refuse Containers, by and between the City of Lubbock and Roll Offs USA of Durant, OK., 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 February 9.2017 DANIEL M. POPE, MAYOR ATTEST: —0.414 a e 0 , _S�r - Rebe la.. arza, City Secretary APPROVED AS TO CONTENT: <S Scott Snider, Assistant City Manager APPROVED AS TO FORM: RES.Contmct-Nbr 13101-Roll Offs USA 1.10.17 Resolution No. 2017-R0044 Contract 13101 City of Lubbock, TX Contract for Products For Slant Side -Loading Refuse Containers THIS CONTRACT made and entered into this 9th day of February. 2017 by and between the City of Lubbock ("City"), and Roll Offs USA ("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 Iaw; 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 are attached hereto and made part hereof, Contractor will deliver to the City, Slant Side -Loading Refuse Containers and more specifically referred to as items one through three 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 procedures outlined in the Bid Form and Specifications attached hereto. 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 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. Upon extension, the rates may be adjusted upward or downward at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most effective for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a 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. 5. 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. 6. INSURANCE 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. INSURANCE COVERAGE REQUIRED 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. 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): TYPE OF INSURANCE COMBINED SINGLE LIMIT GENERAL LIABILITY ® Commercial General Liability ❑ Other General Aggregate , ❑ Claims Made ® Occurrence Products-CompuOp AGG ❑ W Heavy Equipment Personal & Adv. Injury 2( ❑ To Include Products of Complete Operation Endorsements Contractual Liability X Fire Damage (Any one Fire) PROFESSIONAL LIABILITY Med Exp (Any one Person) ❑ General Aggregate LIABILITY ® Any Auto ❑ All Owned Autos Combined Single Limit ❑ Scheduled Autos ❑ Hired Autos Per Occurrence ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form Each Occurrence Aggregate GARAGE LIABILITY ❑❑ Any Auto Auto Only - Each Accident Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100%6 of the Total Material Costs ❑ POLLUTION ❑ CARGO _ ® WORKERS COMPENSATION STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY +� OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional Insured on Auto/General Liability on a primary and non-contributory basis. ED To include products of completed operations endorsement. ® Waiver ofsubrozation infaor of the City of Lubbock on all coverages. erceot i ne %-Ity oc ,.u000cK snau pe namea as an aaamonal Insured on a primary and non-contributory basis and shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies 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. 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, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES 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 INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 I31h Street, Room 204 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 shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 7. 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. 8. 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. 9. 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. 10. 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 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. 11. 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 of insurance from the Subcontractor that complies with all insurance requirements. 12. This Contract consists of the following documents set forth herein; Invitation to Bid No. 17-13101-KW, 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. CITY OF LU BOCK Daniel M. Pope, Mayor ATTEST: kcca Garza, City Secre APP VED AS TO NTE CAA Scott Snider, Assistant City Manager APPROVED AS TO FORM: SYS,ep Atto CONTRACTOR 26iorized Representative Print Name TO MY 7a-> Address tD0-747W City, State, Zip Code City of Lubbock Slant Side -Loading Refuse Containers Specifications 1. GENERAL It is the intent of the City of Lubbock, Texas, 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 rotationally molded high density polyethylene (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 months after delivery against defective workmanship and materials. Prices bid shall include delivery to 1631 84111 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 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. Container bottom shall be high molecular weight polyethylene or 100% recycled rubber/plastic alloy. The City of Lubbock will accept bottoms produced by Technology Plastics, Inc., Bryan, TX (888.611.3333), or approved equal. Top perimeter of container to be reinforced by 12 gauge formed channels. Page 30 of 55 ITB 17-13101-KW Slant Side -Loading Refuse Container 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 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 !':" 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. PLASTIC CONTAINERS: Lifting arms should be made of 3/8 steel and as per attached drawing. Arms should be painted with an A-36 or equivalent black powder coated paint. Lifting arms should have interior and exterior support for heavier loads. Lifting arm plates should be secured with ten bolts on each side. Locking bracket shall have two set of teeth/pins to connect to refuse truck arms. Hardware to be designed so that insects are unable to build nests. Lifting arms shall be installed before delivery. 3, PLASTIC CONTAINER SEE ATTACHMENT AA All plastic containers shall be durable rotationally molded high density polyethylene (HDPE). HDPE molded container shall be IGO% recyclable and UV protected to resist surface fading. HDPE plastic container shall not rust or chip paint. HDPE Plastic shall be constructed with a back ledge to keep the lid closed. Sides and bottom shall be constructed with lift strengthening ribs. Double wall lid secured at multiple hinge points for added strength. Secure metal lifting brackets - Lift arms (hook up arms), interior and exterior support, shall be teeth or pin style mounts compatible with collection equipment now in use by the City. Lift arms shall 3/8 inch powder coated steel and be installed with 10 pre -drilled bolt holes. Metal lifting brackets and lift arms will be installed by vendor. Container shall be fully - functional and ready to use upon delivery. Page 31 of 55 rrB 17.13101-KW Slant SidLAzAing Refuse Containers 4. CONTAINER BOTTOM STEEL CONTAINERS: Container bottom shall be made of 3116" 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 (888.611.3333), or approved equal. Dimensions of plastic bottoms from Bryan Container Company are as follows: 3 cubic yard . 47 !4 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 PLASTIC CONTAINERS: Plastic container bottom shall be durable rotationally molded high density polyethylene (HDPE) shall be 100% recyclable. 5. STEEL TUBULAR LID -STOPPER STEEL CONTAINERS Tubular lid -stopper shall be constructed of 3% " 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 6. 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 34" 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 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. Page 32 of 55 rre 17.13101 -KW Slant SickAeading Refuse cmainets 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. PLASTIC CONTAINERS Front lid shall be heavy HDPE black plastic with UV Protection and watertight seal. Reinforced double wall lid shall be secured at multiple hinge points for added strength; rotationally molded - double wall construction. Molded -in hinge point with two point contact. HDPE plastic lid pins. Double wall lid shall be secured at multiple hinge points for added strength. 7. 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. PLASTIC CONTAINERS: Plastic containers shall be cleaned and shall be free of any foreign material. Construction of plastic container shall show evenness of surface. 8. PAINTING STEEL CONTAINERS: 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. APPLICATION 1. Mix and apply coating according to manufacturer's printed instructions. Page 33 of 55 ITB 17-13101-KW Slant Sidedaadmg RefuseConminers 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. 1. Inspect all surfaces for runs, sags and holidays. Repair as necessary to obtain an acceptable finish. 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. 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 PLASTIC CONTAINERS: Finish Coat: Finish coat color shall be a sandalwood brown or similar color to match existing containers. 9. SPECIFICATIONS VARIATIONS Variations from these specifications and/or attached drawing WILL NOT BE ACCEPTABLE 10. QUANTITY Either steel OR durable rotationally molded high density polyethylene (I IDPE) Page 34 of 55 rra 17-13101•KW Slant Side•Looding ReruseContainm 11. 12. 25 more or less 2 cubic yard side load containers 180 more or less 3 cubic yard side load containers 20 more or less 4 cubic yard side load containers QUALIFICATION OF BIDDER Bidders must be able to demonstrate experience and successful completion of large-scale metal fabrication or plastic fabrication projects. TERM OF CONTRACT The terms of the bid will be for one (1) year, with the option to renew annually up to four (4) additional years, upon mutual agreement of both parties. At annual renewal, the rates may be adjusted upward or downward at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most effective for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. Page 35 of 55 rr8 17-13101-KW Slant Side -Loading Rerusc Containers Revised BID FORM Slant Side -Loading Refuse Containers City of Lubbock, TX ITB No.17-13101-KW In compliance with the Invitation to Bid 17-13101-KW, 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 17-13101-KWis by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. ITEM DESCRIPTION U/M QTy (+/ COST PER TOTAL L UNIT* EXTENDED COST 2 Cubic yard side4oad refuse I containers constructed in steel as EA 25 3aa specified 121060 3 Cubic yard side -load refuse 2 containers constructed in steel as rfied EA 180 S40 9 7400 4 Cubic yard side -load refuse 3 containers constructed in steel as EA 20 600 1 1 second Option Below 4 2 Cubic yard side -load refuse containers constructed in durable rotationally molded high density polyethylene as specified EA 25 5 3 Cubic yard side -load refuse containers constructed in durable EA 180 rotationally molded high density polyethylene as specified 4 Cubic yard side -load refuse t5 containers constructed in durable EA 20 \ rotationally molded high density polyethylene as specified ramt upgrade Optional 2 Cubic yard side -load refuse containers constructed in steel as I EA 25 specified 3 Cubic yard side -load refuse 8 containers constructed in steel as EA 180 specified 9 4 Cubic yard side -load refuse containers constructed in steel as specified EA 20 10 2 Cubic yard side -load refuse containers constructed in durable rotationally molded high density EA 25 \ polyethylene as specified 3 Cubic yard side -load refuse 11 containers constructed in durable rotationally molded high density EA l80 polyethylene as specified 1 4 Cubic yard side -load refuse 12 containers constructed in durable EA 20 rotationally molded high density polyethylene as specified Please specify paint type, if using paint upgrade option: Total $122,050 and Allowed 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. PAYMENT TERMS AND DISCOUNTS - Bidder afl'ers a prompt payment discount of Ira, not ccalendar days. Discounts will rat be considered in determining low bid. Unless otherwise indicated on the id Farm, payment terms will be N ET THIRTY DAYS. The City will pay the successful bidder within thirty days alter 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 alter 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 thatt fen days will not be considered. MOST FAVOUR® 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 ofproducts/services of like quality and quannity; 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 sameproduct(s) at the lowerprice(s) on all deliveries made during the period in which such lower price(s) is effective. DMRLOCAL 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 intedocal purchasing agreements as provided for by the Intedocal 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 hefshe 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. Otber potv:routental eaddes that might hatr laterals in this contract are Freashlp codependent School District, Lubbock l loosing Authority, Lubbock County; Lubbock County Ilospltal Dbtriet, Lubbock lndepcodeat Sebool Dlttrlc4, %alb Plaint Asmclutba orGotetutocots, Citl or Teaarkaaa.Texas Tech Unirib). Welt Texas hluaicipal Potter Agency, Lynn County, and City of svelRortb. VCS_ x NO • If you (the bidder) checked YES, the fotbwinu will apply Govemmental coupes uttlir:ing Intaroeol Agreements rot Coopemuve Purchasing with the City orLubbock will be eligibk, but not obligated to ptuehosc trmtaieWsavices wader the contmq(s) awanled as a result or this solicitation All P=1111145 by governmental entities other than the City or Lubbock *at be billed directly to that govanmentoi entity and poid by am Governmental trtnt� of Lubbock will not be responsible for MOW govemmentol entttv's debts Each goverrtmentol away will otda theirown m wbls'serv)ce THIS BID IS SUBMITTED BY . R}1J OFM L a corporation organized under the laws of the State of or a partnership consisting of or individual trading as of the City of Address: City:— -- Stale.__ _S'/L. _ zip - Bidder acknowledges receipt of the following addenda: Addenda No. Dalcjq1A6 Addenda No. _ _ Dale ii 614 Addenda No. Date Addenda No. Date Officer Normand Tide: / a /ps 77j Please Print Business Telephone Number SLQji erZ.3SS . _ FAX: 0 JQ E-mail Address.-- P 'Lz FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finn4ndividual: Date of Award by City Council (forbids over S50,000): Date P.OJConlract Issued: RETURN COMPLETED & 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. CrrV OF LUBBOCK CONTRACT RENEWALISXTENSION NOTICE SECTION 1- NOTICE OF RENEWALINTENSION: 1SION: Contract Effective Date: 2J9/2017 Solicitation NoJDoc W: 17B 17-13101 KW Contract: 13101 SBC77ON 2 - IINFORMAI7ON TO BE VERIFIED BY DEPARTMENT: ConbactorNendor: 1161M USA Cow Kaukll Phillips Phone: SBOJ924.6355 Email: lohillips@rolloflir.net SECTION 3 - RENEWAL/EXTENSION— Tire parties ague the contrast will Contract Term" unless the parties t SEC71ON 4 - CONTRACT TERM: End Date: 440M Contract Tide: SIM Slide Em ft Reuse ContainerBxtmdon: 4 of 4 Price Sheet Attached: A—H New Contract Term: 4/9/2021-4/g= DEPAR71AM lNFORMAMON: Deparlmme Solid Waste Contact: Benda Hoary Ext : 2335 rpim at midnight on due date defined u t6 "Era Date of the New reo to renew/extend the contract fbr on additional period of dale. The berme and conditions of the original oonhtct shall remain In place and we not altered by this rercewaV. SECTION 3 - DEFORMATION VERIFIED BY DEPARTMENT AND APPROVED BY: Em 218CBIPTION A. AMOUNT APPROVED AND APPROPRIATED FOR RENEWAI/EXTENSION TERM: Cost Center: Acmunt: coat corder: Amount: s s AA He Daee NEN ErStlRADeCE VFRW= DataL/4 �7s APPROVED By Marta Alvarez at 10:06 am, Apr 01, 2021 D TOROFPURCHASRM&CONTRACT Dare MANAGEMENT DECLUM BY: CONTRACTOR Dmfe DEPARTMWTEEAD Dale REASON: Melinda Read From: Marta Alvarez sent: Wednesday, March 31, 2021 9:58 AM To: Melinda Reed Subject FW: City of Lubbock Contract 13101 - Roll -Offs USA Resend to dept and vendor with the new pricing below. Marta Alvarez, MPA, CTPM, CTCM, Director of Purchasing and Contract Management 806-775-2572 806-319-0507 Fax 806-775-2164 From: Marta Alvarez Sent: Thursday, March 25, 20218:51 AM To: Brenda Haney <BrendaHaney@mail.d.lubbock tx.us> Cc: Melinda Reed <MReed@rnall.dlubbock.bLus> Subject, FW: City of Lubbock Contract 13101- Roll -Offs USA Good morning Brenda, below Is the message from Kendell, let me know if you are good with us sending out the renewal. Thank you Marta Alvarez, MPA, CrPM, CrCM, Director of Purchasing and Contract MmMement 806-775-2572 806-319-0507 Fax 806-775-2164 From: Kendall Phillips <kphillias@rolloffs.net> Sent: Wednesday, March 24, 20214:44 PM To: Marta Alvarez<MAIv_arezLEDmail.ci.lubbock.tx.us> Subject: RE: City of Lubbock Contract 13101- Roll -Offs USA Marta, This is fine. Plea" send me the contract extension mth the new numbers wid I will sign. Thanks KP (From: Marla Alvarez Send Wednesday, March 24, 20213:38 PM To: Kendell Phillips SubJect: City of Lubbock Contrad 13101- Roll -Offs USA Good afternoon, Kendell, we look at the contract and budget, and below Is what we can pay. Let me know If will work for you. Thank you Proposed New prices (April 21—April 22) 2yd - $574 615.32 3yd - $627 672.14 4yd - $704 754.6$ Marta Alvarez, MPA, CTPM, CTCMi, Director of Purchasing and Contract Management 806-775-2572 806-319-0507 Fax 806-775-2164 WARNING: This message was sent from outside the City of Lubbock's email system. It could contain harmful attachments or links to harmful web pages. 4:Lub_6i0ty& TEXAS PURCHASE ORDER TO: ROLL OFFS OF USA PO BOX 727 DURANT OK 74702 Page - Date - 1 2/1/2022 Order Number 10024981 000 OP Branch/Plant SHIP TO: CITY OF LUBBOCK SOLID WASTE 324 MUNICIPAL DRIVE KRISTI JACKSON LUBBOCK TX 79457 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, birectorof Purchasing & Contract Management Ordered 2/01/2022 Freight Requested 3/01 /2022 Taken By K MORGAN Delivery PER M ERCANBRACK REQ 58357 CONTRACT 13101/PUR 16394 5811 If you have any questions about this order, please contact Morgan Ercanbrack at 806-775-3138 or via email at MErcanbrack@mylubbock.us Description/Supplier Item 3 Yard Side Load Slant W/Lids S3H Terms NET 30 1h RiU:r:\► [�17 7 �fiD1 C� � � Ordered Unit Cost UM Extension Request Date 360.000 672.1400 EA 241,97.40 3/01/2022 Commercial General Liability, per occurrence- $1,000,000 General Aggregate. Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Med Exp (Any one Person) Total Order 241,970.40 Automotive Liability- Combined Single limit for Any Auto - $1,000,000 Worker's Compensation Amounts- $500,000 or Employer's Liability-$1,000,000. Copies of endorsements are required. City of Lubbock is named as an additional insured on a primary and non-contributory basis with a waiver of subrogation in favor of the City of Lubbock on liability coverages. Waiver of subrogation provided on the workers' compensation. This purchase order encumbers funds in the amount of $241,970.40 awarded to Roll Offs of USA of Durant, OK, on February 8th 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated February 1, 2022, from Roll Offs of USA of Durant, OK, and Contract 13101. Resolution # 2017-R0044 CITY OF L OCK ATTEST: Daniel M. Pope, Mayor Rebecca arza, City Secretary Rev. 9/2021 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX I SELLER TO PACKAGE GOODS 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 hearing the packing slip Seller shall bear cost ofpackagingunless otherwise provided Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common tamers and any applicable specifications Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists 2 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 3 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery 4 NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this 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 and Seller shall not have the right to substitute a conforming tender, provided, wliere the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming lender within the contract time but not afterward 5 INVOICES & PAYMENTS a. S e 11 e r shall submit separate invoices, in duplicate, one 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, should be attached to the invoice Mail To Accounts Payable City of Lubbock, P 0 Box 2000, Lubbock. Texas 79457 Payment shall not be due until the above instruments are submitted after delivery 6 GRATUITIES The Buyer may, by carmen notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that graturties, 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 to 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 this contract is canceled by Buyer pursuant to this provision. Buyer shall be entitled. in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities 7. 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 filling this order. such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such 8 WARRANTY -PRICE a The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of 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 others, or in the alternative Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense b The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this 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 of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct front Ore contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee 9 WARRANTY -PRODUCT Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including. but not limited to calculating, comparing and sequencing) of all hardware. software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its fights under the law and under this Contract including, but not limited to, its right pertaining to termination or default The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's Lability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference 10 SAFETY WARRANTY Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U S Department of Labor under the Occupational Safety and Health Act of 1970 In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Sellers expense In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense 11 NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As pan of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like Buyer makes no warranty that the production of goods according to the specification will not give nu to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the Irke, the contract shall be null and void 12 NON APPROPRIATION All funds for payment by the City under this contract are subject to the availability of m 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 13 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery before accepting them 14 CANCELLATION Buyer 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 or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in lawor equity 15 TERMINATION The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination- specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective Such right or tercnation is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein 16 FORCE MAJEURE Neither party shall be held responsible for losses, resulting ifthe fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the parry whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent 17 ASSIGNMENT -DELEGATION No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written percussion of the Buyer Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformitywith this paragraph 18 WAIVER. No claim or right arising out of a breach of this 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 19 INTERPRETATION -PAROLE EVIDENCE This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and 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 this agreement, the definition contained in the Code is to control 20 APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code Whereever 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 this agreement. 21 RIGHT TO ASSURANCE Whenever one parry to this contract in good faith has reason to question the other parry's intent to perform he may demand that the other party give written assurance of his 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 22 INDEMNIFICATION Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, Judgments, costs and expenses, which may in anywise accnie against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller 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 ansing therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided 23 TIME It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement 24 MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will nor be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award 25 NON-ARBffRATION 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 itsunrestncted 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 26 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 Contractoes 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 die City, at its option, reserves the fight to deduct such amounts owing the City from any payments due Contractor 27 ASSIGNING OR SUBLETTING THE CONTRACT The Contractor shall not assignor 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 29 HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252 908, Texas Government Code Section 2252 908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency Instructions for completing Form 1295 are available at http :w—V lubbock.rx us denartnunta]-websuec• attnuntrpurchminp; Vendor-mformarion 30 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 terns and conditions provided by the Contractor unless agreed upon in writing by the pares 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 agreed upon by the parties, and any prior conflicting terms shall be of no force or effect 31 TEXAS GOVERNMENT CODE, CHAPTER 2252 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252 152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806 051, Section 807 051 or Section 2253 153 I further certify that should the above -named company enter into a contract that is on said listing of companies on the webstte of the Comptroller of the State of Texas, which do business with Iran. Sudan or any Foreign Terrorist Organization, 1 will immediately notify the City of Lubbock Purchasing and Contract Department 32 TEXAS GOVERNMENT CODE, CHAPTER 2270 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 33. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter 1, Chapter 552, Govemment 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, Pursuant to Section 552 301(c) of the Texas Government Code; the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request Please send this request to this email address for it to be processed. orr�iirmylybh❑ck us REV 91021 Quote ROLL -OFFS USA P.O. BOX 727 DURANT, OKLAHOMA 747024M (580) 92"355 OrderNumber. 0044001 Order Dab: 2/1/2022 Salesperson HODS Customer Number: LUBCIT Pape: Sold To: Ship To: CITY OF LUBBOCK CITY OF LUBBOCK ACCOUNTS PAYABLE SOLID WASTE DEPT PO BOX 2000 183184TH ST Lubbock. TX 79457 Lubbock, TX 7WR Confirm To: TYRON 808-470-=7 Customer P.O. Ship 1/U1 F.O.B. _. Torm* 13101 ROT NET 30 Item Number Unit Ordered Shipped Back Order Pries Amount 33H ONE 360.000 0.000 0.000 872.140 241,970.40 3YD SIDE LOADER Whsa: 000 SN: TBD Bill Option 1 Opdod44 MIDLAND TAN Bill Option 2 OpdoO3 PAKMOR W/ 3- PIN Bill Option 3 OptloO5 1 /2 ML -19- 30 X 29 -LUBBOCK Bill Option d Optior05 LUBBOCK SPEC BUMPER PAD 3YD SIDE LOAD STENCILED W BLACK PAINT -TBD ALL CONTAINER: PAKMOR W 3.8- PIN BUMPER PAD 2- X 3- X 1W X 200 LIDS -112 METAL 2 PIECE PLASTIC 1/4- (LUBBOCK LOGO) LIDS LUBBOCK UD BRACKETS RETAINING CHAINS (2 PER LID) UD STOPPER- 314- ROUND BAR 18- LONG, 40 TALL WELDED IN CENTER OF METAL UD (2- OFF CENTER TOWARDS THE REAIQ CONTAINERS STENCILED IN BLACK PAINT (BOTH SIDES) COLOR: MIDLAND TAN BUILD TO SPECS FREIGHT INCLUDED - BID PRICES POC - RICKY 806-775-2485 POC " TYRON 80&4704)927 Resolution No. 2017-R0044 Item No. 5.16 February 9, 2017 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. 13101 for Slant Side -Loading Refuse Containers, by and between the City of Lubbock and Roll Offs USA of Durant, OK., 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 February 9.2017 DANIEL M. POPE, MAYOR ATTEST: 0A. Rebeca- aria, City Secretary APPROVED AS TO CONTENT: �3 coj.4� "` Scott Snider, Assistant City Manager APPROVED AS TO FORM: RES.Contmct-Nbr 13101-Roll Offs USA 1.10.17 Resolution No. 2017-R0044 Contract 13101 City of Lubbock, TX Contract for Products For Slant Side -Loading Refuse Containers THIS CONTRACT made and entered into this tLhh day of February, 2017 by and between the City of Lubbock ("City"), and Roll Offs USA ("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 are attached hereto and made part hereof, Contractor will deliver to the City, Slant Side -Loading Refuse Containers and more specifically referred to as items one through three 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 procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one (1) year, with the option of four (4), one (I) year extensions, said date of term beginning upon formal approval. 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. Upon extension, the rates may be adjusted upward or downward at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most effective for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a 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. 5. 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. & INSURANCE 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. INSURANCE COVERAGE REQUIRED 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. 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): TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Other ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY 11 AUTOMOTIVE LIABILITY ® Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos EXCESS LIABILITY ❑ Umbrella Form COMBINED SINGLE LIMIT General Aggregate ai:�nnt:>aot Products-ComplOp AGG Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Combined Single Limit Per Occurrence Each Occurrence Aggregate GARAGE LIABILITY O Any Auto Auto Only - Each Accident Each Accident Aggregate _ ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs ❑ POLLUTION ❑ CARGO _ ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY ® EMPLOYERS' LIABILITY OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubback named as additional insured on Auto/General Liability on a primary and non-contributory basis. ® To include products of completed operations endorsement. ® Waiver of subrogation in fatvr of the Ciry of Lubbock an all coverages, I nc %-Ity of Luouoctc snau oe namea as an aaamonal msured on a primary and non-contributory basis and shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. The City shall be entitled, upon request, and without expense, to receive copies of the policies 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. 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, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES 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 INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 131s Street, Room 204 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 shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 7. 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. 8. 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. 9. 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 .-._ .... .. ..........._..._ .. . - .. .... ..... _ .... -- - .... .. .. __ 411 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. 10. AlI 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 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. 11. 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 of insurance from the Subcontractor that complies with all insurance requirements. 12. This Contract consists of the following documents set forth herein; Invitation to Bid No. 17-13101-KW, 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. CITY OF LU BOCK Daniel M. Pope, Mayor ATTEST: kcc-a Garza, City Secre APP 0VED AS TOANTEN (/1n Scott Snider, Assistant City Manager APPROVED AS TO FORM: Amy S. ep Atto CONTRACTOR onzed Representative _. ll'r3�111 4tr p14 tL o oS Print Name Address Z QAAr8 D0_ 74,262 City, State, Zip Code _ - ..._-._.-..-__ .__..-M..... - ._ �._ .W-.--.-._..._.. ._. _. , ......a..:� r.:,w::x:_._::x.:.:.i.- --w..i.x•�....,..�,_a.........c_.w.,u.a.�,�.- _ ::r:.::.:.�_ - _..y..� City of Lubbock Slant Side -Loading Refuse Containers Specifications 1. GENERAL It is the intent of the City of Lubbock, Texas, 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 st a OR durable rotationally molded MA density pol-ethylene (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 famished 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 841h 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 famished 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 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. Container bottom shall be high molecular weight polyethylene or 100% recycled rubber/plastic alloy. The City of Lubbock will accept bottoms produced by Technology Plastics, Inc., Bryan, TX (888.611.3333), or approved equal. Top perimeter of container to be reinforced by 12 gauge formed channels. irB 17-13101-KW Slant Side -loading Reruse Containers Page 30 of 55 Bottom of the container will be reinforced with two C3 X 4.1 channels located I I" 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 %:" 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. PLASTIC CONTAINERS: Lifting arms should be made of 3/8 steel and as per attached drawing. Arms should be painted with an A-36 or equivalent black powder coated paint. Lifting arms should have interior and exterior support for heavier loads. Lifting arm plates should be secured with ten bolts on each side. Locking bracket shall have two set of teeth/pins to connect to refuse truck arms. Hardware to be designed so that insects are unable to build nests. Lifting arms shall be installed before delivery. 3, PLASTIC CONTAINER - SEE ATTACHMENT AA All plastic containers shall be durable rotationally molded high density polyethylene (HDPE). HDPE molded container shall be 100% recyclable and UV protected to resist surface fading. HDPE plastic container shall not rust or chip paint. HDPE Plastic shall be constructed with a back ledge to keep the lid closed. Sides and bottom shall be constructed with lift strengthening ribs. Double wall lid secured at multiple hinge points for added strength. Secure metal lifting brackets - Lift arms (hook up arms), interior and exterior support, shall be teeth or pin style mounts compatible with collection equipment now in use by the City. Lift arms shall 3/8 inch powder coated steel and be installed with 10 pre -drilled bolt holes. Metal lifting brackets and lift arms will be installed by vendor. Container shall be fully - functional and ready to use upon delivery. ITa 17-13101-KW Siang Side -Loading Refusc Containers Page 31 of 55 a-........y..�.�.�.:...u...� we.r.. ......w ._M.. ... _....�_�_... i 4. 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 (888.611.3333), or approved equal. Dimensions of plastic bottoms from Bryan Container Company are as follows: 3 cubic yard — 47'/2 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 PLASTIC CONTAINERS: Plastic container bottom shall be durable rotationally molded high density polyethylene (HDPE) shall be 100% recyclable. 5. STEEL TUBULAR LID -STOPPER STEEL CONTAINERS Tubular lid -stopper shall be constructed of a " 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 6. 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 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. Page 32 of 55 rrB 17-13101-KW Slam Side -Loading Refuse Containca r.�.�.. �.--�� �_:-d«..- _•---.,.�.-..y ....._: �?.:.� r...�.���d.�..,.......�_.s...._.. _,....i...�..n�'' ��.,ea�.,cs::.�;fd:�xr.:4-..:�..: ��i�--:i.=:. mi.��:.iad.: +:- �•i•7. :s�:� � .�.i:: ;.; --...._.. 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. PLASTIC CONTAINERS Front lid shall be heavy HDPE black plastic with UV Protection and watertight seal. Reinforced double wall lid shall be secured at multiple hinge points for added strength; rotationally molded - double wall construction. Molded -in hinge point with two point contact. HDPE plastic lid pins. Double wall lid shall be secured at multiple hinge points for added strength. 7. 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. PLASTIC CONTAINERS: Plastic containers shall be cleaned and shall be free of any foreign material. Construction of plastic container shall show evenness of surface. 8. PAINTING STEEL CONTAINERS: 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. APPLICATION I. Mix and apply coating according to manufacturer's printed instnlctions. n'B 17-13101-KW Slant Side -Loading Refuse Containco Page 33 of 55 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 PLASTIC CONTAINERS: Finish Coat: Finish coat color shall be a sandalwood brown or similar color to match existing containers. 9. SPECIFICATIONS VARIATIONS Variations from these specifications and/or attached drawing WILL NOT BE ACCEPTABLE 10. QUANTITY Eithcr •t� eel OR durable rotationally molded high density polyethylene (IIDPE) rra 17-13101-KW Slant Side -Loading Refuse Containers Page 34 of 55 25 more or less 2 cubic yard side load containers 180 more or less 3 cubic yard side load containers 20 more or less 4 cubic yard side load containers 11. QUALIFICATION OF BIDDER Bidders must be able to demonstrate experience and successful completion of large-scale metal fabrication or plastic fabrication projects. 12. TERM OF CONTRACT The terms of the bid will be for one (1) year, with the option to renew annually up to four (4) additional years, upon mutual agreement of both parties. At annual renewal, the rates may be adjusted upward or downward at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most effective for the specific contract for the previous 12-months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. ITa 17-13101-KW Slant Side -Loading Refuse Containers Page 35 of 55 Revised BID FORM Slant Side -Loading Refuse Containers City of Lubbock, TX ITB No. 17-13101-KW In compliance with the Invitation to BId 17-13101-KW, 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 17-13101-KWis by reference incorporated in this contract. The Bid Form must be completed in blue or black Ink or by typewriter. ITEM DESCRIPTION U/M QTY {+/- COST PER TOTAL UNIT* EXTENDED COST 2 Cubic yard side -load refuse containers constructed in steel as EA 25 saa 11 060 3 Cubic yard side -load refuse 2 containers specified constructed in steel as EA 180 SIO 9 7doo 4 Cubic yard side -load refuse 3 containers constructed in steel as EA 20 cad Ian ed Second Option Below 4 2 Cubic yard side -load refuse containers constructed in durable EA 25 rotationally molded high density polyethylene as specified 5 3 Cubic yard side -load refuse containers constructed in durable EA 180 rotationally molded high density polyethylene as specified 4 Cubic yard side -load refuse G containers constructed in durable rotationally molded high density EA 20 polyethylene as specified Paint Upgrade Optional yard side -load refuse 7 ECubic constructed in steel as EA 25 3 Cubic yard side -load refuse 8 containers constructed in steel as EA 180 specified 9 4 Cubic yard side -load refuse containers constructed in stet! as specified EA 20 \ 10 2 Cubic yard side -load refuse containers constructed in durable rotationally molded high density EA 25 polyethylene as specified 3 Cubic yard side -load refuse ll containers constructed in durable rotationally molded high density EA 180 polyethylene as specified 1 4 Cubic yard side -load refuse 12 containers constructed in durable EA ^� rotationally molded high density 20 polyethylene as specified Please specify paint type, if using paint upgrade option: Total $122,050 OPRICR. r: n_R n-di....r.._ n__ Unless otherwise specified herein, the City may award the bid either Item -by -diem or on an till -or -none basis for any Item or group of items shown on the bW. PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of �%, netgalendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the I8 d Form, payment terms will be N ET THIRTY DAYS. The City will pay the successful bidder within thirty days alter 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 oiler 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 flavoured 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 ofproducts/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 sameproduct(s) at the lowerprice(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 intedocal purchasing agreements as provided for by the Intedocal 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 hdshe 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. - r'f ✓� A�'�i�,i �::.:.� �=, _ ��' `'1' r ;� r"r'°y�4`�`s"'��.�5�. �ysi� :r{;y �-_ .__ -;�'{4y� ... _.... }-: By � �+: � �•�Y.- C• pyi'Si ��'- 5 Y zri etc-- � t'� . , .. •�;- ...