ESBD_File_347571_24-23 Transfer Station Grapple Crane Specs.pdf

INVITATION FOR BID

24-23

TRANSFER STATION GRAPPLE CRANE

City of Killeen

802 N 2nd St

Killeen, TX 76541

RELEASE DATE: January 8, 2024

DEADLINE FOR QUESTIONS: January 18, 2024

RESPONSE DEADLINE: January 25, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/killeentexas https://procurement.opengov.com/portal/killeentexas

City of Killeen

INVITATION FOR BID

Transfer Station Grapple Crane

I. Notice to Bidders II. Information and Instructions to Bidders

III. City of Killeen General Terms and Conditions IV. Specifications V. Vendor Questionnaire

Attachments:

A - Attachment 1

B - Attachment 2

C - Bid Form

Invitation For Bid #24-23 Title: Transfer Station Grapple Crane

1. Notice to Bidders

1.1. Summary

BID NO. 24-23

Transfer Station Grapple Crane

CITY OF KILLEEN, TEXAS

Notice is hereby given that the City of Killeen will receive sealed bids for Transfer Station Grapple Crane electronically through the City’s OpenGov e-bidding site or addressed to the City of Killeen, Attn:

Purchasing Division, 802 N. 2nd Street, Building E, 2nd Floor, Killeen, Texas 76541, until 2:00 pm on Thursday, January 25, 2024. Bid submissions shall be plainly marked with the name and address of the bidder and “BID NO. 24-23, Transfer Station Grapple Crane, 2:00 pm on Thursday, January 25, 2024”.

Submittals received after the closing time will be returned unopened.

Vendors may register and submit bids electronically at https://procurement.opengov.com/login.

Bids will be opened and read aloud through Zoom online video conferencing fifteen (15) minutes after 2:00 pm on Thursday, January 25, 2024; Zoom access is shown below. The general public will not be allowed inside the facility.

Zoom access:

For viewing follow;

https://us02web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09

Call: 1-346-248-7799

Meeting ID: 339 788 7656

Password: 04142020

Bid questions will be accepted on the OpenGov E-Bidding site (https://procurement.opengov.com/login), through Thursday, January 18, 2024, at 2:00 pm. Questions will be answered in the form of an addendum and posted on the OpenGov E-Bidding site. It is the bidder’s/proposer’s responsibility to obtain and acknowledge all addendums.

Complete information regarding this solicitation may be obtained from the City of Killeen website (https://www.killeentexas.gov/414/Purchasing), Demand Star (http://www.demandstar.com/), ESBD (http://www.txsmartbuy.com), and OpenGov E-Procurement Portal (https://procurement.opengov.com/login).

The City of Killeen reserves the right to reject any or all bids and waive any irregularities.

https://procurement.opengov.com/login https://us02web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09 https://procurement.opengov.com/login https://procurement.opengov.com/login https://www.killeentexas.gov/414/Purchasing) http://www.demandstar.com/) http://www.txsmartbuy.com/ https://procurement.opengov.com/login)

CITY OF KILLEEN, TEXAS

Lorianne Luciano

Director of Procurement and Contract Management

1.2. Contact Information

Project Contact:

Genevieve Grant Procurement Specialist (Solicitations & Contracts) 101 N College St Killeen, TX 76541 Email: ggrant@killeentexas.gov Phone: (254) 501-7723

Procurement Contact:

Lorianne Luciano Director of Procurement and Contract Management 802 N. 2nd Street Killeen, TX 76541 Email: lluciano@killeentexas.gov Phone: (254) 501-7729

Department:

Public Works

1.3. Timeline

Release Project Date January 8, 2024

Question Submission Deadline January 18, 2024, 2:00pm mailto:ggrant@killeentexas.gov tel:(254)501-7723 mailto:lluciano@killeentexas.gov tel:(254)501-7729

Proposal Submission Deadline January 25, 2024, 2:00pm Submit solicitation documents electronically on OpenGov (https://procurement.opengov.com/login)

OR

Mailed or delivered submissions:

City of Killeen, Attn: Purchasing Division, 802 N. 2nd Street, Building E, 2nd Floor, Killeen, Texas 76541

Bid Opening January 25, 2024, 2:15pm Bids will be opened and read aloud through Zoom online video conferencing.

The general public will not be allowed inside the facility.

Zoom access:

For viewing follow;

https://us02web.zoom.us/j/3397887656?pwd=Z0V WU1czOGRpQ245enJWS1hCSnJJUT09

Call: 1-346-248-7799 Meeting ID: 339 788 7656 Password: 04142020

Contractor Selection Date February 27, 2024

2. Information and Instructions to Bidders

2.1. Preparation of Bids:

This is your notice that sealed bids for Transfer Station Grapple Crane are subject to the Terms and Conditions of this Invitation for Bids (General Terms and Conditions attached hereto) and such other contract provisions, specifications or other data as are attached to this Bid (known as the bid packet), will be received electronically through the City’s OpenGov e-bidding site or addressed to the City of Killeen, Attn: Purchasing Division, 802 N. 2nd Street, Building E, 2nd Floor, Killeen, TX, 76541, until the hour of 2:00 pm., Thursday, January 25, 2024. At exactly 15 minutes after the closing time, the bids will be opened and read aloud in the Purchasing Office via Zoom online video conferencing. The general public will not be allowed inside the facility. Any bid received after the closing time will be returned unopened. No late bids will be accepted. All bids shall be submitted as listed below. Complete bids received by electronic mail or by facsimile (fax) will not be considered.

Bidders are encouraged to submit bids electronically, however, if submitted by mail or hand delivered, one (1) original, signed, and initialed in ink (not pencil), and one (1) electronic copy on a flash drive of the entire bid packet shall be submitted at the above location prior to the bid deadline. All bidder markings on the bid packet shall be in a legible format in English. Any non-legible markings may make the bid non-responsive and disqualify your bid submission. All errors or changes in the bid shall be corrected by striking through the error or change once with ink. The bidder shall initial next to each correction made. All corrections shall be complete and final before submitting your bid by the stated deadline. Bidders shall submit at least three (3) businesses as references of the proposed item, with addresses, telephone numbers, and contact persons.

The City of Killeen (or "City") reserves the right to reject any or all bids and evaluate any or all project/service prior to bid award. Bid documents must be complete and sealed in an envelope when received by the Purchasing Office. Bids must be plainly marked on the outside of the envelope as follows: 24-23, Transfer Station Grapple Crane. All bidder submissions shall also have the bidders name with contact information marked on the outside of the envelope.

In the case of inclement weather or any other unforeseen event causing the City to close for business or delay opening, bids will be received and opened the following business day at the designated time stated herein. For example, if bids are due on Wednesday at 2:00 p.m. and the City is closed on Wednesday for bad weather or an unforeseen event, the bids will be accepted until Thursday, 2:00 p.m.

or if bids are due at 2:00 p.m. on Wednesday, but the City opened at 10:00 a.m. on Wednesday due to bad weather or an unforeseen event, then bids will be accepted until Thursday, 2:00 p.m.

Any questions or requests for clarification must be submitted to the OpenGov e-bidding site prior to 2:00 pm on Thursday, January 18, 2024. All responses to the questions will be posted the City’s OpenGov e-bidding site in addendum format. Unauthorized contact regarding this Invitation to Bid with any City of Killeen employees or contractors may result in disqualification. Any oral communications will be considered unofficial and non-binding on the City of Killeen. Bidders should rely only on written statements issued by the Director of Procurement and Contract Management.

2.2. Pricing:

Any price increase due to change orders from initial scope of work shall be passed onto the City at par without any additional profit, markup or overhead. Any price increase shall be requested by the successful bidder, in writing, and accompanied with the appropriate documentation to justify the increase, prior to sixty (60) days before the additional work is performed. If the bidder fails to give timely notice, prices may not be increased. The aggregate service price increase shall be limited to ten percent (10%) for any contract period extension. The successful bidder may offer price decreases of any type at any time.

If during any term of this contract, the bidder should enter into any contract with another municipality within Texas for commodities or services with similar scope of work with rates more favorable than those granted to the City of Killeen, the bidder agrees to modify this contract to include such more favorable rates. It is recommended that the bidder provide any rate reduction or discount voluntarily.

Any request in price change with supporting documentation shall be sent to the following address only:

City of Killeen

Attn: Purchasing Department

802 N 2nd Street

Building E, 2nd Floor

Killeen, TX 76541

Or

Email: Purchasing@KilleenTexas.gov

On the outside of the envelope or subject line of the email, please write “Price Change Notification 24- 23”

2.3. Responses/Property of the City of Killeen:

All materials submitted in response to this request become the property of the City of Killeen. Selection or rejection of a response does not affect this right.

2.4. No Obligation to Buy:

The City of Killeen reserves the right to refrain from contracting with any bidder. The release of this solicitation does not compel the City of Killeen to purchase.

2.5. Cost of Preparing Bids:

The City of Killeen is not liable for any costs incurred by bidders in the preparation and presentation of bids and demonstrations submitted in response to this solicitation.

2.6. Withdrawal of Bid:

A bidder may withdraw a bid that has been submitted at any time up to the bid opening due date and time. To accomplish this, a written request signed by an authorized representative of the bidder shall be submitted to LLuciano@KilleenTexas.gov. Once the bids are opened, all bids shall be valid for a period of ninety (90) days after the bid opening. The City reserves the right to withdraw this Invitation for Bid for any reason.

2.7. Bidding Error:

The City of Killeen will not be liable for any errors in any bidders bid. Bidders will not be allowed to alter bids after the deadline for the submission of bids.

When, after the opening and tabulation of bids, a bidder claims error, and requests to be relieved of award, the bidder will be required to promptly present corrected data in writing signed by an authority figure with the company. This written response shall be received by the Purchasing Division within two

(2) business days after the stated bid open time and date. The Purchasing Division will review the data and if the City is convinced, by clear and convincing evidence, that an honest, mathematically excusable error or critical omission of costs has been made, and said error is legally excusable, the bidder may be relieved of its bid. The City will decide within ten (10) business days of receipt of the written response and notify the bidder of the outcome.

2.8. Single Bid Response:

A single response to this solicitation may be deemed a failure of competition and in the best interest of the City of Killeen, the response received may be rejected.

2.9. Award of Bid:

The City will award the bid, if any, in a manner described in section 3.10 of the General Terms and Conditions. The anticipated date of the notice of award is March 26, 2024.

2.10. Samples:

Brands and part numbers, where listed, are used for specification references only, unless otherwise stated, and are not intended to limit consideration of an approved equal. Descriptive information and/or a sample may be requested and shall be provided at no cost to the City to determine equality of substituted products.

2.11. Equal Clause:

Whenever an article or material is defined by describing a proprietary type product, or by using the name of a manufacturer or vendor, the term “or equal” if not inserted, shall be implied. The specific item mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired, and shall not be construed in such a manner as to exclude manufacturer’s products of comparable quality, design, and efficiency.

mailto:LLuciano@KilleenTexas.gov

2.12. Specifications:

Any reference to model/make/manufacturer used in bid specifications is descriptive, not restrictive. It is used to indicate the type and quality desired. Bids on items of like quality will be considered unless indicated by stating no substitutions allowed. The bidder shall note in writing any deviations from the specifications and shall submit those changed specifications as alternates.

2.13. City of Killeen Rights:

The City of Killeen reserves the right to accept or reject any and all bids, to award the contract for any items as it may appear advantageous to the City, and to waive any informalities or irregularities in the process.

2.14. Estimated Quantities:

Quantities listed are estimates and the City may increase or decrease the number of items needed.

These estimated quantities shall not be construed as a minimum or a maximum quantity that the City of Killeen may need.

2.15. Minimum Qualifications:

Bidders must have a minimum of two years of continuous operation in providing requested services.

2.16. Responsibilities of Vendors and Manufacturers:

The responsibility for compliance with these specifications shall lie with the vendors and the manufacturers. Vendors and/or manufacturers are expected to provide prompt service that is due under warranty.

Prices in the Bid Packet may not be withdrawn during the contract period. In the event of non-compliance, the City of Killeen reserves the right to purchase elsewhere and charge the difference in price to the contracted vendor.

2.17. Payment:

The City shall be billed only for the services awarded in this bid. The City of Killeen is sales tax exempt.

The bidder shall have the capability to invoice accurately, making any corrections on the original invoice.

Invoices shall be correct when received with the prices shown within your bid submission.

If a discrepancy is found on any invoice, the City department will phone your customer service point of contact for correction. Payment will be made within 30 days of receipt of an accurate invoice unless the bidder has provided discount payment terms such as 2% 15 net 30 days. No down payment or advance payment of any kind shall be made. In no circumstances should any invoice dispute last longer than thirty (30) days.

All invoices shall be submitted to the City of Killeen, Attn: Transfer Station, P.O. Box 1329, Killeen, TX 76540.

Bidders shall list any rebate opportunities they choose to provide the City in a section clearly labeled at the end of their bid submission.

2.18. Service/Delivery Information:

No charge, in addition to the contract price, shall be made by the vendor for delivering, placing, or invoicing materials.

All delivery and freight charges shall be included in the bid price (FOB destination, freight prepaid and allowed only). No additional fees shall be allowed.

Deliveries/Pickups shall be made to a City of Killeen office. Delivery can be scheduled Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. Central Standard Time, except holidays as noted below:

2.19. Holidays:

Delivery will not be available on regular City holidays. Below is a list of City holidays (please note if holiday falls on a weekend check with the City for the observed date):

• New Year’s Day

• Martin Luther King Day

• President’s Day

• Good Friday

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Veteran’s Day

• Thanksgiving Day

• Day After Thanksgiving

• Christmas Eve

• Christmas Day

The department shall have the ability to schedule the best date and time of the week for their deliveries.

Any exceptions to this delivery arrangement will be discussed by the City prior to bid award.

2.20. Copyright Materials:

Materials listed in your bid submission that are copyrighted shall be listed clearly under a copyrighted materials section within your bid submission.

2.21. Non-Endorsement:

As a result of the selection of a bidder to supply products and/or services to the City of Killeen, the City of Killeen is neither endorsing nor suggesting that the bidder’s product is the best or only solution. The bidder agrees to make no reference to the City of Killeen in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the City of Killeen.

2.22. Organization of Your Bid Submission:

Your bid submission shall be organized in the format shown within this bid. Any exception(s) or additional information provided shall be referenced in your bid submission behind the bid packet.

3. City of Killeen General Terms and Conditions

In this general conditions document, Invitation to Bid (ITB) and Request for Proposal (RFP) are interchangeable. The terms “bid” and “proposal” are synonymous, as are the terms “contract,” “agreement” and “purchase order.” The terms “Bidder,” “Proposer,” “Supplier” and “Contractor” are also used interchangeably, and each shall apply to the business entity which submits a bid / proposal or is awarded a contract.

3.1. General Conditions

Bidders are required to submit their Bid upon the following express conditions:

A. Bidders shall make all investigation necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the Bid conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation to the bidder.

B. Unless specifically stated otherwise in the specifications, only new products or equipment will be acceptable.

3.2. Preparation of Bid

Bid will be prepared in accordance with the following:

A. All information required by the Bid shall be furnished. The bidder shall print or type his/her name and manually or electronically sign the Bid and each continuation sheet on which an entry is made.

B. Unit prices shall be shown and where there is an error in extension of the price, the unit price shall govern.

C. Alternate Bids will not be considered unless authorized by the City within the specifications.

D. Proposed delivery time must be shown and shall include weekends and holidays if requested by the City.

E. The City qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provision of Article 20.04(f) of the Texas Limited Sales, Excise and Use Tax Act. Taxes normally levied on the purchase, rental and lease of materials, supplies and equipment used or consumed in performance of the Contract may be exempted by issuing to suppliers an exemption certificate in lieu of tax. Exemption certificates comply with State Comptroller of Public Accounts Ruling No. 95-0.07. Any such exemption certificate issued in lieu of tax shall be subject to State Comptroller of Public Accounts Ruling No. 95-0.09, as amended. Failure by the Bidder or the bidder’s Subcontractors to take advantage of the City’s exemption and to obtain such exemption certificate shall make him responsible for paying taxes incurred on materials furnished on the Project without additional cost to or reimbursement by the City.

3.3. Description of Supplies

Any catalog of manufacturer's reference used in describing an item is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Bidders are required to state exactly what they intend to furnish; otherwise, they will be required to furnish the item as specified.

3.4. Submission of Bid

By submitting your Bid, you acknowledge that the City of Killeen will not accept any Bid, or execute any submitted contract in conjunction with a Bid that requires the City to agree to any of the following:

• Governing law other than the law of the State of Texas

• Venue other than Bell County

• Mandatory arbitration

• Artificial limitation of liability

• Artificial statute of limitation

• Waiver of trial by jury

• Indemnify a vendor

A. Bid and changes thereto shall be enclosed in a sealed envelope addressed to the Purchasing Office, City of Killeen. The names and address of Bidder, the date and hour of the Bid opening and the Bid number shall be placed on the outside of the envelope.

B. Bids must be submitted on the forms furnished. Telegraphic Bids will not be considered.

However, Bids may be modified by written notice provided such notice is received prior to the time and date set for the Bid opening.

C. All Bid documents shall be sealed and submitted no later than the specified date and hour of the Bid opening to:

Electronically submit bids to OpenGov E-Bidding Site: (https://procurement.opengov.com/login)

OR

Delivery Address:

City of Killeen

Attn: Purchasing Division

802 N 2nd Street, Building E, 2nd Floor

Killeen, TX 76541

3.5. Rejection of Bid

(a) The City may reject a Bid if:

1. The Bidder mistakes or conceals any material fact in the Bid, or if

2. The Bid does not strictly conform to law or the requirements of the Bid, or if

3. The Bid is conditional, except that the Bidder may qualify his Bid for acceptance by the City as an "All or None" basis.

(b) The City may, however, reject all Bids whenever it is deemed in the best interest of the City to do so, and may reject any part of a Bid unless the Bid has been qualified as provided in section 3.5(a) 3 above.

3.6. Withdrawal of Bid

A bidder may withdraw a bid that has been submitted at any time up to the due date and time. To accomplish this, mailed or hand delivered bids require a written request signed by an authorized representative of the bidder and emailed to the Director of Procurement and Contract Management at lluciano@killeentexas.gov. Bids submitted on the City's eProcurement Portal can be withdrawn on the City's eProcurement Portal. All bids shall be valid for a period of ninety (90) days after the bid opening.

The City reserves the right to withdraw this Invitation for Bid for any reason.

3.7. Late Bid or Modifications

Bid and modifications received after the time set for the Bid opening will not be considered.

3.8. Clarification or Objection to Bid Specifications

If any person contemplating submitting a Bid for this contract is in doubt as to the true meaning of the specifications, or other Bid documents, or any part thereof, he may submit to Purchasing, a request for clarification by the deadline established in the Bid. All such requests for information shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the Bid, if made, will be made only by an addendum duly issued. A copy of such addendum will be distributed to all known bidders who have expressed an interest in this bid. The City will not be responsible for any other explanation or interpretation of the proposed Bid made or given prior to the award of the contract. Any objection to the specifications and requirements, as set forth in the Bid documents must be filed in writing with the Purchasing Division by the deadline established in the Bid.

3.9. Discounts

A. Prompt payment discounts will be considered in making the award provided the period of the discount offered is sufficient to permit payment within such period in the regular course of business.

https://lluciano@killeentexas.gov

B. In connection with any discount offered, time will be computed from the date of receipt of supplies or services or from the date a correct invoice is received, whichever is the later date.

Payment is deemed to be made on the date of mailing of the check.

3.10. Award of the Contract

(a) The contract will be awarded to the lowest responsible bidder or if applicable, the responsible bidder who provides goods or services at the most advantageous value for the municipality. “Lowest responsible bidder” means the Bidder submitting the lowest bid meeting all requirements of the specifications, instructions, and terms and conditions of the bid and who has the financial and practical ability to perform all obligations of the Contract fully and reliably, taking into consideration qualifications and past performance of the Bidder. The following are considered examples of performance that is not responsible and may lead to a determination that the Bidder is not responsible:

• Falsification of information provided in bid response;

• Non-observance of safety requirements;

• Failure to meet requirements of federal, state, or local law, as applicable, including employment;

• Substantial failure to adhere to contractually agreed-upon schedules; and

• Poor past performance on City projects such as use of defective materials, refusal to correct defective work not in accordance with contract documents, failure to reasonably resolve disputes, termination for cause, or performance leading to litigation.

Determination of most advantageous Bid for the municipality may be based on, but not limited to:

• Unit price

• Total Bid price

• Terms and discounts

• Delivery date

• Product warranty

• Special needs and requirements of City

• Past experience with product/service

• City's evaluation of the bidder's ability, financial strength, and ethical standards

• Quality of the bidder’s goods or services

• The extent to which the goods or services meet the municipality’s needs

• Bidder's past performance

• Demurrage charges, freight costs and mileage

• Estimated costs of supplies, maintenance, etc.

• Estimated surplus value, life expectancy

• Results of testing samples

• Conformity to specifications

• Training requirements, location, etc.

• Location of maintenance facility/service person; ability to provide for minimum down time

• The total long-term cost to the municipality to acquire the bidder’s goods or services

• Reputation of bidder and of bidder goods and services

(b) The City reserves the right to accept any item or group of items of this Bid, unless the Bidder qualifies his Bid by specific limitation. Reference section 5(a) 3 above.

(c) A written award of acceptance mailed or otherwise furnished to the successful Bidder(s) will then be followed up with a contract/service agreement for review by the City’s legal team, if not otherwise specified within.

(d) Prices must be quoted "F.O.B. Destination (Killeen) with all transportation charges prepaid," unless otherwise specified in the Bid.

(e) If identical Bids are received from two or more bidders and those Bids are the lowest and best Bid, the tie shall be broken in accordance with provisions in Chapter 271.901 of the Texas Local Government Code.

(f) As stated in Section 271.905 (b) of the Texas Local Government Code, “In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more competitive sealed Bids from a bidder whose principal place of business is in the local government and whose Bid is within three percent of the lowest Bid price received by the local government from a bidder who is not a resident of the municipality, the local government may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government.”

(g) As stated in Section 271.9051 (b) of the Texas Local Government Code, “In purchasing real property or personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed Bids from a bidder whose principal place of business is in the municipality and whose Bid is within five percent of the lowest Bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for an expenditure of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the local government determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.”

(h) The city reserves the right to purchase from the next most responsible bidder for failure to provide specified material at time of order or if materials are not available at time specified.

3.11. Ex Parte Communication

Please note that to ensure the proper and fair evaluation of a proposal, the City prohibits ex parte communication (e.g., unsolicited) initiated by the Proposer to a City Official or employee evaluating or considering the proposal prior to the time a formal decision has been made. Questions and other communication from proposers will be permissible with only the Director of Procurement and Contract Management until the time and the day specified as the deadline for questions. Any communication between Proposer and the City after the deadline for questions will be initiated by the appropriate City Official or employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the proposals. Participation in any ex parte communication, whether or not initiated by the Proposer, may be grounds for disqualifying the offending proposer from consideration or award of the solicitation then in evaluation, or any future solicitation.

Additionally, neither the City of Killeen City Council nor City staff, except in the course of City-Sponsored inquiries, briefings, interviews, or presentations, shall initiate any contact with a Proposer or directly discuss or promote any proposal with any Proposers, including their agents and representatives.

3.12. Bid Protest

Any bidder wishing to file a protest concerning alleged improprieties with this solicitation must submit the protest in written format to the Purchasing Division within 5 business days after the specified time of the Bid opening. The formal written protest must identify the name of the bidder contesting the solicitation, the project name and number, and the specific grounds for the protest with all supporting documentation. A response to the protest will be prepared by Purchasing within 10 business days of receipt of the protest. All determinations made by the City are final.

3.13. Termination for Governmental Non-Appropriations

This contract is a commitment of the City’s current revenues only. Should the terms of the Bid require payment of funds over more than the current fiscal year ending September 30, the following shall apply:

(a) For each lease, City represents and warrants: that it has appropriated and budgeted the necessary funds to make all rent payments required pursuant to such lease for the remainder of the fiscal year in which the payment term commences; and that it currently intends to make rent payments for the full lease term as scheduled in the applicable payment schedule if funds are appropriated for the rent payment in each succeeding fiscal year by its governing body. Without contractually committing itself to do so, City reasonably believes that monies in an amount sufficient to make all rent payments can and will lawfully be appropriated; therefore, City agrees to budget requests to include the rent payments payable during each fiscal year in the budget requests presented to City’s governing body for each fiscal year; provided, that City’s governing body retains authority to approve or reject any such budget request. All rent payments shall be payable out of the general funds of the City or out of other funds legally appropriated, therefore. Lessor agrees that no lease will be a general obligation of the City and no lease shall constitute a pledge of either the full faith and credit of the City or the taxing power of the City.

(b) If City’s governing body fails to appropriate sufficient funds in any fiscal year for rent property or other payments due under a lease and if other funds are not legally appropriated for such payment, then a non-appropriation event shall be deemed to have occurred. If a non-appropriation event occurs, then: (1) the City shall give lessor immediate notice of such non-appropriation event and provide written evidence of such failure by the City’s governing body; (2) on the return date, the City shall return to Lessor all of the equipment covered by the affected lease, at the City’s sole expense; (3) the affected lease shall terminate on the return date without penalty to the City; (4) return date means the last day of the fiscal year for which appropriations were made for the rent payments due under a lease.

3.14. Termination of Contract

This contract shall remain in effect until the contract expires, delivery/completion and acceptance of products and/or performance of services ordered, or until terminated by either party with a thirty (30) day written notice prior to any cancellation. All bidders must state therein the reasons for such cancellation. The City reserves the right to award a cancelled contract to the next best offeror as it deems to be in the best interest of the City.

3.15. Assurance of Compliance

For Equal Employment Opportunity and Small and/or Minority Business Enterprise Requirements the bidder agrees that if this Bid is accepted, he/she will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap, or political belief or affiliation.

3.16. Conflict of Interest Disclosure Questionnaire

The Bidder agrees that if a member of the City Council, a Councilmember’s close relative, or any officer or employee of the City has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested, directly or indirectly, in the sale to the City any land, materials, supplies or services except on behalf of the City, as an officer or employee, the official shall file before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if:

(a) in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or

(b) in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.

Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Killeen, including affiliations and business and financial relationships such persons may have with the City of Killeen. An explanation of the requirements of Chapter 176 and complete text of the new law are available at:

https://www.ethics.state.tx.us/forms/conflict/.

3.17. Gratuities

It shall be a breach of ethics to offer, give, or agree to give any employee of the City or for any employee of the City to solicit or accept from another person, a gratuity, or an offer of employment in connection with any decision regarding any part of a program requirement, proposal, or purchase request pending before the City.

3.18. Kickbacks

It shall be a breach of ethics for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for the City, or any person associated therewith, as an inducement for the award of a subcontract or order.

3.19. Venue for Legal Action

This agreement shall be governed and construed according to the laws of the State of Texas. Venue for purposes of any and all lawsuits, causes of actions, claims or disputes shall be in Bell County, Texas.

3.20. Conflicts in Terms and Conditions for Bids

If any conflicts exist between the Terms and Conditions for Bids and the standard form of agreement between the owner and Bidder, the standard form of agreement between the owner and bidder shall prevail.

3.21. Insurance

All bidders shall have the appropriate amount of insurance while delivering the items once awarded, this coverage shall be present as to cover all losses up until the City accepts the items in writing.

A. Comprehensive General Liability and Property Damage Insurance.

The bidder shall take out and maintain during the life of this Contract such Comprehensive General Liability and Property Damage Insurance as shall protect the City from claims for damages or personal injury, including accidental death, as well as from claims for property damages which may arise from delivering the item under this contract, whether such operations be by himself or by a subcontractor or by anyone directly or indirectly employed by either of them, and the minimum amounts of such insurance shall be as follows:

Bodily Injury

(1) Each Occurrence - $1,000,000

(2) Annual Aggregate - $2,000,000

Property Damage Insurance

(1) Each Occurrence - $1,000,000 https://www.ethics.state.tx.us/forms/conflict/

(2) Annual Aggregate - $2,000,000

B. Comprehensive Automobile Liability.

Bodily Injury

(1) Each Person - $500,000

(2) Each Accident - $1,000,000

Property Damage

(1) Each Occurrence - $1,000,000

3.22. Disclosure of Interested Parties

Texas Government Code Section 2252.908 requires that parties contracting with governmental entities submit a disclosure of interested parties form for contracts entered into after January 1, 2016.

Successful bidders must process the electronic filing application located on the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/1295/.

A certified copy of the Certificate of Interested Parties Form 1295 must be provided to the City of Killeen prior to City Council approval of the Bid award.

3.23. Acknowledgement – “Boycott Israel”

By signing and submitting this bid the vendor hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. Boycotting Israel is defined in Texas Government Code section 808.001 to mean refusing to deal with, terminating business activities with, or taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

3.24. Acknowledgement – "Boycott Energy Companies”

By signing and submitting this bid the vendor hereby verifies that it does not boycott energy companies and will not boycott energy companies during the term of the contract. “Boycott energy company” is defined in Texas Government Code section 809.001 to mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

3.25. Acknowledgement – “Prohibition on contracts with companies that discriminate against firearm and ammunition industries”

By signing and submitting this bid the vendor hereby verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not https://www.ethics.state.tx.us/filinginfo/1295/ discriminate during the term of the contract against a firearm entity or firearm trade association.

Discriminate against a firearm entity or a firearm trade association are defined in Texas Government Code section 2274.001 as (A) with respect to the entity or association, to (i) refuse to engage in the trade of any goods or services; (ii) refrain from continuing an existing business relationship; (iii) terminate an existing business relationship; or (iv) otherwise express a prejudice against the entity or association; and (B) does not include the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories.

4. Specifications

4.1. Scope

The City of Killeen Solid Waste Division Transfer Station seeks to replace one (1) stationary Builtrite 2100 grapple crane with an apprentice style pedestal. An immediate replacement crane is required, as this is vital in getting the maximum weight per trailer for Municipal Solid Waste (MSW) that leaves the Killeen Transfer Station. The grapple crane compacts Municipal Solid Waste (MSW) and distributes it evenly throughout the trailer. Attachment 1 shows the current crane in place secured with 20 tie-down rods evenly spaced on 37.00 diameter bolt circle - size 1-1/4” – 7 UNC. Attachment 2 is a drawing of the crane location.

4.2. Crane Specifications

A. Boom

1. The grapple crane shall have a minimum of 25’ main two-piece boom with tilt cylinder for grapple.

2. All boom pins to have bronze bushings to allow for greasing.

3. Main boom to be fabricated using hi-tensile steel with thickness to match standards to accomplish the required application

4. The jib boom shall be fabricated using hi-tensile steel with thickness to match standards to accomplish the required application.

5. Minimum of 3” pins for the main boom is required

B. Cylinders

1. Main boom cylinders shall be consistent with industry standards and designed to support the weight and functionally of the complete crane.

2. Jib boom cylinders shall be consistent with industry standards and designed to support the weight and functionality of the jib portion of the crane.

3. Wear rings on cylinders must be available.

4. Rods shall have chrome plating.

5. The crane shall have an accumulator to cushion shock of loading either on the base of the loader or on the cylinders.

C. Rotation

1. The crane shall have the ability to continuously rotate.

2. The crane shall have rotation limiters to prevent the crane from impacting the wall.

D. Base

1. A minimum 35” tall pedestal riser shall be provided.

2. The grapple crane shall be able to mount to the current bolt pattern of a Prentice stationary pedestal base. Pictures and specifications for the base are provided; See attachment 1.

E. Electrical Package

1. The design and manufacture of the loader, grapple, remote controls, power unit, and all associated accessories shall be from one manufacturer.

2. The loader controls shall consist of two electrical joysticks along with an emergency stop button to be mounted on an existing console.

3. Diagnostic system with display screen shall be provided.

4. The power unit shall meet a minimum standard of 75 HP, 480 Volt, 3 phase High Efficiency assembly. The power unit shall be accessible to maintain with oil filters and be in an enclosed box. Manufacturer will provide service intervals with owner’s manual.

5. All electrical enclosure shall be NEMA4 rated for outdoor use.

F. Grapple Attachment

1. The grapple will be a trash handling/tamping grapple with continuous rotation.

2. The grapple will have at minimum a 21” wide trash handling/tamping grapple.

G. Warranty

1. 12 months/2,000-hour minimum warranty shall be provided.

2. Manufacturer must provide a warranty certificate at time of installation with machine.

3. Operators’ manual and parts manual will be provided at arrival of the Loader.

4. Purchased components parts will carry the vendor’s warranty.

5. Technical support will be provided by the manufacturer.

H. Miscellaneous

1. Quote shall include at least two sets of manuals

2. Quote shall include all electrical lines from operating console to power unit.

3. Quote shall include all hoses and piping from the power unit to the loader.

4.3. Special Qualifiers

A. Company must have manufactured/constructed this type of loader specified within the past five

(5) years.

B. Manufacturer must have a registered professional Engineer on staff who has designed a loader and structural components of the system concerning the design loads specified herein.

C. Company is aware that the bid shall be complete, with price including transportation and installation of the equipment.

5. Vendor Questionnaire

5.1. Conflict of Interest Questionnaire (Form CIQ)*

Please download the below documents, complete, and upload.

• Conflict_of_Interest_Questi...

*Response required

5.2. References*

Bidders shall submit at least three (3) businesses as references of the proposed item, with addresses, telephone numbers and contact persons.

Please download the below documents, complete, and upload.

• References.pdf

*Response required

5.3. Certificate of Interested Parties (Form 1295)*

If awarded, vendor must submit the Certificate of Interested Parties Form 1295 online.

Texas Government Code Section 2252.908 requires that parties contracting with governmental entities submit a disclosure of interested parties form for contracts entered into after January 1, 2016.

Successful bidders shall electronically submit the form at the following website:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and provide the City with a certified copy prior to Council approval of the award.

Please confirm that you shall file the Certificate of Interested Parties (Form 1295) if awarded the contract.

☐ Please confirm

*Response required

5.4. Acknowledgement – “Boycott Israel*

By submitting this proposal the vendor hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. Boycotting Israel is defined in Texas Government Code section 808.001 to mean refusing to deal with, terminating business activities with, or taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

☐ Please confirm

*Response required

5.5. Acknowledgement – "Boycott Energy Companies”*

By submitting this proposal the vendor hereby verifies that it does not boycott energy companies and will not boycott energy companies during the term of the contract. “Boycott energy company” is defined https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/242/d4645b5a-a7c0-4e59-9b36-9e0a2e52fdd3_Conflict_of_Interest_Questionnaire_%28Form_CIQ%29.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1704797094&Signature=oyykDDIvxaiJt7mmLO6eT4Z09BA%3D&response-content-disposition=attachment%3B%20filename%3D%22Conflict_of_Interest_Questionnaire_%28Form_CIQ%29.pdf%22 https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/242/17054963-8b2a-4ea4-b637-15b21849d6b0_References.pdf?AWSAccessKeyId=AKIARC2J5PZDCCU66EXN&Expires=1704797094&Signature=dHPQpPALYq9fb9LBL%2BrinK2dY1I%3D&response-content-disposition=attachment%3B%20filename%3D%22References.pdf%22 in Texas Government Code section 809.001 to mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company:

(A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

☐ Please confirm

*Response required

5.6. Acknowledgement – “Prohibition on contracts with companies that discriminate against firearm and ammunition industries”*

By submitting this proposal the vendor hereby verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Discriminate against a firearm entity or a firearm trade association are defined in Texas Government Code section 2274.001 as (A) with respect to the entity or association, to (i) refuse to engage in the trade of any goods or services; (ii) refrain from continuing an existing business relationship; (iii) terminate an existing business relationship; or (iv) otherwise express a prejudice against the entity or association; and (B) does not include the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories.

☐ Please confirm

*Response required

5.7. Antitrust Law Certification*

The vendor hereby certifies that neither the vendor nor the entity represented by the vendor, or anyone acting for such entity has…