HomeMy WebLinkAboutPR 15451: BATTERY WAREHOUSE CONTRACTMemorandum
City of Port Arthur, Texas
Equipment Services Division
TO: Stephen Fitzgibbons, City Manager
FROM: Kevin Christopher, Equipment Services Manager
DATE: October 16, 2009
SUBJECT: Proposed Resolution No. 15451
RECOMMENDATION
The Equipment Services Division recommends that the City Council enter into a one year
contract for batteries to Battery Warehouse of Orange, Texas for an estimated amount of
$12,588.00.
BACKGROUND
On July 12, 2009 and July 19, 2009 the City of Port Arthur advertised for sealed bids for
equipment batteries. On July 29, 2008 the City of Port Arthur received three bids for equipment
batteries. Of the three bids Battery Warehouse oaf Orange, Texas was the lowest and most
responsible bidder.
BUDGETARY AND FISCAL EFFECT
Funds are available under line item 43-00 in various department budgets.
STAFFING EFFECT
None
SUMMARY
Equipment Services recommends the City Council award a one year contract for equipment
batteries to Battery Warehouse of Orange, Texas for an estimated amount of $12,588.00.
PR 15451 10/16/2009
P. R. NO. 15451
10/16/09 K.C.
Page 1
RESOLUTION NO.
A RESOLUTION AWARDING THE CONTRACT FOR
EQUIPMENT BATTERIES TO BATTERY WAREHOUSE OF
ORANGE, TEXAS FOR AN ESTIMATED AMOUNT OF $12,588.00.
WHEREAS, City vehicles require batteries; and
WHEREAS, advertisements seeking bids was placed in the Port Arthur News on
July 12 and July 19, 2009; and
WHEREAS, three bids were received and Battery Warehouse of Orange, Texas was
the lowest and most responsible bidder (a copy of the bid tabulation is attached hereto as
Exhibit "A").
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions are true and correct.
Section 2. That the City Manager is hereby authorized to enter into a one year
agreement with Battery Warehouse of Orange, Texas in substantially the same form as Exhibit
"B" for estimated amount of $12,588.00.
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ, ADOPTED, AND APPROVED, this day of October, 2009,
A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following Vote:
PR 15451 10/16/2009
P. R. NO. 15451
10/16/09 K.C.
Page 2
AYES: Mayor:
Council members:
NOES:
Mayor
ATTEST:
Terri Hanks, City Secretary
APPRO ED AS O FORM:
Gfi'~-
Mark Sokolow, City torney /~ a~ ~,
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons, City Manager
P ROVED AS O FUND AVA ABILITY
Deborah Echols, Director of Finance
PR 15451 10/16/2009
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EXHIBIT ~~B"
CONTRACT FOR EQUIPMENT BATTERIES
THIS AGREEMENT, made this day of 2009, by
and between the City of Port Arthur, a municipal corporation organized under the
laws of the State of Texas, hereinafter called "OWNER" or "CITY", and
Battery Warehouse of Orange, Texas, herein acting by and through Whit C.
Baker "CONTRACTOR".
WITNESSETH: That for and in consideration of the payment terms, conditions,
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be from October 20, 2009 to October 19,
2010.
2. During the term of this Contract, the CONTRACTOR shall furnish to the City
the types of batteries at the specific unit cost listed in Exhibit "E".
3. Each battery furnished shall conform to the requirements set forth in the
specifications attached to this contract.
4. The CONTRACTOR agrees to provide said equipment described in the
Specifications and Contract Documents and comply with the terms therein
for the prices stated below.
5. The term "Contract Documents" means and includes the following:
(A) Agreement
(B) Advertisement for Bids
(C) General Information
(D) Specifications
(E) Bid
(F) Bidder's Information Sheet
(G) Notice to Proceed
6. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to
be executed by their duly authorized officials, this Agreement in two (2) copies,
each of which shall be deemed an original on the date first written above.
Page 1
OWNER
BY:
Stephen B. Fitzgibbons
City Manager
BY:
Page 2
CONTRACTOR
Whit C. Baker
Battery Warehouse
CITY OF PORT ARTHUR
ADVERTISEMENT FOR BIDS
Equipment Services
Equipment Batteries
July 19, 2009
July 12, 2009
----~-
.CITY OF PORT NOTICE IS HEREBY
GIVEN THAT sealed°
ARTHUR; TEXAS Bids, addressed to the
ADVERTISEMENT FOR City of Port Arthur, wilt be
BIDS received at the -Office of
the City Secretary, City.
NOTICE IS HEREBY Hall,. 444- 4th SUeet or'
.GIVEN .THAT sealed. P.O. Box ioes;'-Port. Ar-
Bids, addressed to the ihur, Texas 7764T no
:City of Port Arthur,. wilt be' ...later than 3:00 P.M.,
received at the Office of `Wednesday, ,July 29,
the. City Secretary, City. 12009 and afl ..bids- re-
Halt, 444'• 4th Street or
P.O: Box 1'089, Port Ar-' ~ ceived will- thereafter be
thur, Texas 77641 rio opened and read aloud at
later- than 3:00 RM.; 3:45 P.M- on Juty 29, .
ednesday, July 29, ,2009, in the City Coutidil
009 and all. bids re- Chambers, 5th-Floor, City;
eived wil{ thereafter lie` Hall;. Port Arthuc,::Texas
pened and read aloud at :for certain services briefly
:15 P.M. on July 29, described as
009; in the,Gity Councif
hambers, 5th Floor; City Equipment Batteries
all,'Port Arthur, Texas
or certain services briefly ~ Qualifications received af-
escribed as: ter closing Gme wilt be re-
tumedunopened.
Equipment Batteries
,.Copies of the Specitica-
ualifications received.af; bons and other Contract
closing time will be re Documents are ote: file in.
med unopened. the Purchasing...Otflce,
444- 4th Street, Eity of
o ies of the S ecifi
P P Wort Arthur, and' are. open
t ns and other Contra for public inspection with-
ocuments are on file:. i out charge. They can also
t e „' Purchasing Oftic be retrieved from the Ci-
4- '`4th Street, City
ort Arthur, and are ope
,f r public inspection, with ty~s websrle: y
F~
t charge. They canals ~
`
b~ retrieved from the Ci
of s website.
pOq AR-
~
ERVE
A
www Rpr~arlhur.net T
NV
TNUR R S
REJEC
RIGHT TO
'THE CITY OF PORT AR-
THUR RESERVES THE'
N
L (OS At+o
~11GHT TO REJECT A
Y ANpIOR A
FORMAGt'
AND/OR ALL BIDS AND .
YO WANE
YO WAIVE FORMALI
,, ~~~ „_
TIES ,
TIES.
111 /
1
/s/ Shawna Tubbs Shawn
Manager
Shawna Tubbs purchasing
', Purchasiha Maness.
CITY OF PORT ARTHUR
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of
Port Arthur the required information specified :in Bid or Proposal Specifications listed in this
Bid Package.
The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to
prepare SEALED BIDS IN DUPLICATE for furnishing: EQUIPMENT BATTERIES
Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur, P.O. Box 1089,
Port Arthur, Texas 77641. Bids shall be received no later than Wednesday, July 29, 2009, at 3:00
P.M.. Bids received after the closing time specified will be returned to the bidder unopened and claims
of mail delays will not constitute an exception. Bid :proposal MUST BE SIGNED BY BIDDER.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE
THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list
shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to
perform in strict accordance with the specifications of the invitation. The City reserves the right to
accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the
City of Port Arthur.
Bids cannot be altered or amended after submission. deadline. Any interlineations, alteration, or erasure
made before opening time must be initialed by the signer of the bid, guaranteeing authenticity.
The City reserves the right to:
1. Reject any and all bids and to make no award. if it deems such action to be in
its best interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best
interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept
such bids as it shall deem to be in the best ir.~terests of the City.
4. Award bids to bidders whose principal place; of business is in the City of Port
Arthur and whose bid is within 5% of the lowest bid price.
The award shall be made to the responsible vendor(s) whose bid is determined to be lowest offer,
taking into consideration the relative importance of price, conformance to specifications and capability
and experience of the contractor.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal"
shall be equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete
response to all requirements and questions as directed.
Page 4 of 20
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance
with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty
service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public moneys under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
Any interpretations, corrections or changes to the; ITB and Specifications will be made by addenda.
Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager.
Addenda will be mailed to all who are known to have received a copy of the ITB. Offeror's shall
acknowledge receipt of all addenda.
BONA FIDE BUSINESS THAT CLAIMS THE u In Y addrePO office oTH on ands office
PRINCIPAL PLACE OF BUSINESS: The official b
personnel) shall be a Port Arthur address, the principal storage place or facility for the equipment shall
be in Port Arthur and/or the place of domicile for t ovided b state law s owner(s) shall be in Port
Arthur or such other definition or interpretation as is p Y
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price
shall prevail.
PURCHASE ORDER: A purchase order(s) shall be ar on allatemized invoi~esPort Arthur to the
successful bidder. The purchase order number must appe
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Equipment
Services, P. O. Box 1089, Port Arthur, Texas 77541
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the
goods or services by the City of Port Arthur.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax; therefore the proposal shall. not include Sales Tax.
Page 5 of 20
VENUE: This agreement will be governed and construed according to the laws of the State of Texas.
This agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances,
rules, orders, regulations and codes of the federal, state and local governments relating to performance
of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other
officer, employee or agent of the City who exercises any functions or responsibilities in connection
with the planning and carrying out of the program, ;shall have any personal financial interest, direct or
indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits
the City from granting any license, privilege or paying money to any-one owing delinquent taxes,
paving assessments or any money to the City until such debts are paid or until satisfactory
arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included
as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood
and agreed that these quantities are approximate and any additional quantities will be paid for at the
quoted price. It is further understood that the contractor shall not have any claim against the City of
Port Arthur for quantities less than the estimated amount.
All bids will remain in effect for one year.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, Texas
77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract
shall be read and enforced as though each were included herein. If, through mistake or otherwise, any
such provision is not inserted or is not correctly inserted the Contract shall be amended to make such
insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,
perform all work and furnish all supplies and materials, machinery, equipment, facilities and means,
except as herein otherwise expressly specified, necessary or proper to perform and complete all the
work required by this Contract, in accordance with the provisions of this Contract and said
specifications.
The apparent silence of these specifications as to~ any detail or to the apparent omission from it of a
detailed description concerning any point shall be regarded as meaning that only the best commercial
practices are to prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur
the option of selecting goods which maybe considered more suitable for the purpose involved.
Page 6 of 20
In the event of conflicts between the written bid proposal and information obtained verbally, the
vendor is specifically advised that the written bid proposal will prevail in the determination of the
successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner his obligations under this contract, or if the Contractor shall violate any of
the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to
terminate this contract by giving written notice to t:he Contractor of such termination and specifying
the effective date thereof, at least fifteen (15) days before the effective date of such termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the contract by the Contractor, and the City may
withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount
of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time
giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the
City as provided herein, the Contractor will be paid for the service that it has performed up to the
termination date. If this contract is terminated due; to fault of the Contractor, the previous paragraph
hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying
material or service to the Contractor, or any sub-contractors for work under this contract, if this is
deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion
and final acceptance by the City.
SUB-CONTRACTS: The Contractor shall not. execute an agreement with any sub-contractor or
permit any sub-contractor to perform any work included in this Contract until he has received from the
City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase,
maintain and keep in force insurance that will protect against injury and/or damages which may arise
out of or result from operations under this contract, whether the operations be by himself or by any
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose
acts any of them maybe liable, of the following types and limits:
Page 7 of 20
1. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single: limit per occurrence or $500,000 each
person/$500,000 per occurrence for contracts of $100,000 or less; or bodily injury
$1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per
occurrence for contracts in excess of $100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or
less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess
of $100,000.
2. Commercial Automobile Liability Insurance (Including owned, non-owned and hired
vehicles coverage's).
a. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or
less; or, minimum aggregate policy year limit of $2,000,000 for contracts in excess
of $100,000.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000
per occurrence for bodily injury and $100,000 per occurrence for property damage.
Contractor shall cause Contractor's insurance corripany or insurance agent to fill in all information
required (including names of insurance agency, contractor and insurance companies, and policy
numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to
complete and make into valid certificates of insurance and pertaining to the above listed items, and
before commencing any of the work and within the time otherwise specified, Contractor shall file
completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect
except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a
provision that coverage afforded under the policies will not be altered, modified or canceled unless at
least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall
also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for
all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE
OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten
(10) days after execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of
the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within
such period, the time maybe extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available
Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the
contractor.
Page S of 20
SPECIFICATION FOR BATTERIES, STORAGE,
1. SCOPE- This specification includes the minimum requirements for lead-acid type wet storage
batteries for vehicular starting, lighting, and ignition service.
2. DEFINITIONS:
2.1 GENERAL DEFINITIONS- Terminology used in this specification is intended to be
generic in nature and consistent with meanings that have been defined through general
use, industry standards, and accepted trade practices. Where variant meanings may
exist, the applicable interpretation shall be determined by the General Service
Commission.
3. REQUIREMENTS -Batteries furnished under this specification shall meet or exceed each
and every one of the following requirements. Components not specifically mentioned, which
are required, shall be furnished with each battery. No rebuilt or re-conditioned batteries shall
conform to the standards of the best commercial practices:
3.1. GENERAL REQUIREMENTS - F;ach battery furnished under this specification shall
conform to the following general requirements:
3.1.1. Cell Connectors-The type and design shall be as recommended for the battery
design in accordance with the best commercial practice.
3.1.2. Date Code-The manufacturers shall stamp and date code into the cover or container
so that actual age of the battery can be determined. Also, a label shall be attached
so that the month and year of purchase can be shown.
3.1.3. Dimensions-All batteries shall be sized in accordance with group numbers as
established by the Battery Council International. The group number shall be
specified in the Invitation to Bids.
3.1.4. Separators-The dimensions of the separators shall be in accordance with the battery
design and shall ensure separation of the positive and negative plates and
constructed of material and assembled using the highest standards of battery
manufacture.
3.1.5. Shelf Life-Wet storage batteries designed for automotive use shall have a minimum
shelf life of six months at 75"F storage temperature. Batteries designed for non-
automotive use shall have minimum shelf life of three months at 75°F storage
temperature. Each type of battery shall contain at least 50% of its capacity and shall
be capable of being restored to full charge at the end of the applicable storage
period.
3.1.6. Volt-Battery voltage shall be as specified in the Invitation for Bids and shall
conform Table 1 of this specification.
Page 9 of 20
4. SPECIFIC REQUIREMENTS-Batteries shall meet the following performance requirements:
4.1.1. Charge Rate Acceptance-The charge rate of wet storage batteries shall be a
minimum of 2% of the cold cranking performance rating available at 0° F when
tested in accordance.
4.12. Cold Cranking Performance-The cold cranking Performance of each battery shall
meet or exceed the minimum requirements specified in Table 1, when tested in
accordance. The terminal voltage for diesel batteries at 90 seconds shall be 1.0 volts
per cell or greater. The terminal voltage for other batteries at 30 seconds shall be
1.2. volts per cell or greater.
4.1.3. Electric Vehicle Performance-When tested in accordance batteries for electric
vehicles (except golf carts) shall be capable of maintaining a constant discharge rate
equal to or greater than that specified in Table 1 at a temperature of 80± 5°F (26.7+
2.8°C) to a terminal voltage of 1.75 volts per cell in a time equal to or greater than
that specified for the battery type. Six-volt golf cart batteries shall be capable of
maintaining a discharge of 75+ l amperes under the above conditions at a terminal
voltage 5.25 volts or more for a period of time equal to or greater than that specified
for the battery type in Table 1. Twelve-volt batteries shall be capable of maintaining
a discharge of 25± 1 amperes at a voltage of 10.5 volts or more under the same
conditions.
4.1.4. Hot and Cold Cycling Performance-The batteries shall pass a minimum of 10 hot
and cold cycles when tested in accordance. There shall be no evidence of apparent
cohesive cracks in the seal binding the cover over each cell at the completion of this
test.
4.1.5. Reserve Capacity-The reserve capacity of each battery shall meet or exceed the
minimum requirements. when tested in accordance
4.1.6. Vibration Performance-Batteries shall maintain a steady voltage and current, and
there shall be no internal damage and no adhesions or cohesion failure under
vibration conditions, when tested in accordance.
5. LABELING REQUIREMENTS-Each battery container shall display the following
information:
5. L 1. Battery Rating-Typed letters, number, or symbols, which shall enable the user to
determine ratings from the manufacturer's catalogs, shall be stamped or molded on
the case or cell connectors or on a nameplate permanently attached to the top.
5.1.2. Shipping/Service Date-An acid-resistant plate or tag with provisions for recording
the factory shipping date and the date each battery is placed in service shall be
permanently attached to each battery case.
5.1.3. Hazardous Warning-The hazardous warning label shall also be attached to or
molded into the case.
Pagf~ 10 of ZO
6. TESTING-Testing of batteries shall be accordance with the latest revision of BCI- Storage
Battery Technical Service Manual and /or Society of Automotive Engineers, Inc. tests listed
below. All tests shall be conducted on new, fully charged batteries unless otherwise specified in
the test procedure used. However, the State of Texas reserves the right to waive any portion or
portions of tests. The successful bidder shall furnish, at no charge to the State, complete
facilities and equipment and the services of qualified personnel to assist an authorized Inspector
for the State of Texas in the performance of said tests. Test shall be conducted at the
manufacturer's plant or place of manufacture. Frequency of test shall be at the option of the
Commission. The authorized shall have access to the manufacture's plant or place of testing
during all normal working hours for the purpose of observing and inspecting manufacturing
practices and testing procedures during the contract period. Samples for use in conducting the
test shall be selected and furnished by the State of Texas. In the event the batteries do not meet
the specified tests, their cost shall be borne by the manufacturer:
6.1. CHARGE RATE ACCEPTANCE- This test is to reveal the ability of a new, previously
untested wet storage battery (or activated dry storage battery), in partially discharged
condition, to accept a charge under conditions existing in the voltage-regulated
electrical system of a vehicle at a temperature of 30°f (-1.1°C):
6.1.1. Condition the battery in accordance with the method given in SAE J537. With the
battery electrolyte at an initial temperature of 80+ 10°F, discharge the battery at 25+_
0.25 amperes for a period of time in minutes equal to 80% of the rate reserved
capacity.
6.1.2. Place immediately in a cold box until the electrolyte in a center cell reaches 30+_
2°F. With the battery at this ambient temperature, charge at a constant potential of
2.4 volts per cell and record the charging rate in amperes at 10 minutes. This rate
shall be taken as the charge rate acceptable value.
6.1.3. Compare with the minimum requirement in Par. 4.2.1.
6.2. COLD CRANKING PERFORMANCE-This test is a measure of the cranking ability of a
battery at the rating temperature:
6.2.1. Condition the battery in accordance with the method given in SAE J537 and place
the battery in an air ambient held at the rating temperature of 0+ 2°F (-17.8±1.1°C)
until the temperature of a center cell reaches the rating temperature of 0±1 °F (-
17.8± 0.6°C).
6.2.2. With the battery in the ambient air at the rating temperature, discharge the battery at
the cold cranking rating. The rating current shall be held constant within +1%
throughout the discharge. Measure the battery terminal voltage under load at the end
of 30 seconds (except for diesel batteries, measure the voltage at 90 seconds) the
terminal voltage for diesel batteries at 90 seconds shall be 1.0 volts per cell or
greater. The terminal voltage f'or other batteries at 30 seconds shall be 1.2 volts per
cell or greater.
Page 11 of 20
7. ELECTRIC VEHICLE BATTERY TEST-This test is designed to determine the ability of a
battery used in the "deep cycle" service to supply power to electric vehicles.
7.1 Batteries used in electric-powered vehicles shall be fully charged prior to testing. The
full charge electrolyte specific gravity of the batteries used in these tests shall be as
specified by the battery manufacturer. With the electrolyte temperature at 80± 5°F,
discharge the battery at constant rate specified for the type battery being tested to a
terminal voltage equal to 1.75 volts per cell for batteries other than golf cart batteries.
Golf cart batteries shall be tested as above except 6-volt batteries shall be discharged at
a rate of 75±1 amperes and 12-volt batteries shall be discharged at 25±1 amperes.
Measure the time in minutes required. for each of these batteries to reach this terminal
voltage. These discharge times are the battery capacities.
8. HOT AND COLD CYCLE TEST-This test. is designed to determine the integrity of the seal
binding the cover over each cell to the battery container:
8.1. The battery shall be subjected to 10 cycles of 16 hours at 0±1°F and 8 hours at 70°F to
90°F. At the third, sixth, and tenth cycle, air pressure of one pound per square inch shall be
applied to each cell individually, immediately after removing from the cold chamber. This
pressure shall be maintained for 15 seconds.
9. RESERVE CAPACITY TEST-This test is designed to determine the reserve capacity of a
battery in providing adequate electrical power to a vehicle for a minimum period of time should
the alternator or generator malfunction:
9.1 Condition the battery in accordance with the method given in SAE J537 and discharge the
fully charged battery at a temperature of 80±5°F and at a discharge rate of 25+_ 0.25
amperes to a terminal voltage equal to 1..75 volts per cell*. Measure the time required for
the battery to reach the cell terminal voltage. The temperature of the battery electrolyte shall
be maintained at the end of discharge at 80+1F; or the results shall be corrected to 80°F
(26.7°C) by applying the following correction factor:
Mc -Mr (1-.01(Tf-80), where,
Mc -Corrected Minutes
Mr -Minutes Run
Tf -Temperature, °F, at end of discharge**
Ol -Temperature Correction Factor
*Record temperature of a center cell at the time, the end voltage of 1.75 volts per cell is
reached.
** Results are not considered valid if the final temperature is above 90°F or below 70°F.
Page 12 of 20
10. VIBRATION TEST-This test is designed to determine the ability of a battery to withstand
vibration forces without incurring any mechanical damage, loss of capacity or electrolyte, or
without developing internal or external leaks. The following procedure shall be used (see SAE
J537)
10.1 Select a battery which is fully charged and has the electrolyte at the manufacturer's
recommended level. Subject the battery for two hours to a vibration consisting of harmonic
motion having a frequency of 30 to 35 Hertz (cycles per second) through a amplitude of
0.045" to 0.050", total excursion 0.90" to 0.100". At the start of the vibration test, the
battery temperature shall be 80±0°F and it shall be discharged at approximately 1% of the
cold cranking test rate rounded to the nearest whole number during the vibration test. The
battery shall maintain a steady voltag oh~d'on failuresnand foreany lossh of ele~trolytee or
inspect the battery for adhesion or
internal damage.
11. AVAILABILITY OF BATTERIES AND SERVICE-An adequate supply of batteries shall
be carried in stock within the Sate of Texas. Bidder shall include with each bid (or have on file
with the Purchasing Division of the Commission) a list of companies or individuals, and their
addresses, who stock batteries and who can perform service on the products furnished. Ability
to deliver batteries to any State agency as needed shall be a factor in determining an award.
12. SUBMITTAL OF LITERATURE-The successful bidder shall furnish sufficient copies of the
following literature:
12.1 Replacement of Data Book-An up-to-date battery replacement data book showing the
proper replacement battery for major American-made passenger automobiles and
commercial vehicles shall be furnished to each ordering agency.
12.2 Specification Charts-A manufacturer's specification chart listing the BCI group number,
manufacturer's type number, cold cranking performance rating, and reserve capacity
rating shall be furnished to each ordering agency.
13. COMPLIANCE-In order for consideration to be followin a bid for a product ordered under
this specification, the bidder must comply with th g
13.1 The make, model number, nameo b~. ~~ shed mus bbe stat d as a part of th bed etc., as
applicable, of the item proposed t
Page 13 of 20
606Texas Natural Resources Conservation Commission
Chapter 328- Waste Minimization and Recycling
SUBCHAPTER C: MANAGEMENT OF LEAD-ACID BATTERIES
§§ 328.11- 328.19
Adopted August 11, 1999 Effective September 5,1999
§328.11. Purpose:
The purpose of the sections in this subchapter is to establish procedures and requirements for the sale
and disposal of secondary or storage batteries that are made of a lead-acid combination.
§328.12. Applicability:
(a) The sections in this subchapter are applicable to persons who are involved in the sale,
Transportation, collection for recycling, and disposal of lead-acid type storage or secondary
batteries regulated by the commission pursuant to the Texas Health and Safety Code,
§§361.451 - 361.454.
(b) While these sections are only applicable specifically to-lead-acid type storage or secondary
batteries, any other type of multi-cell storage or secondary battery, primary battery, nuclear
cell, solar cell, or fuel cell should be managed in a similar manner.
§ 328.13. Disposal of Batteries
(a) No person may place a used lead-acid battery in mixed municipal solid waste or Discard or
otherwise dispose of a lead-acid battery except by delivery to:
(1) a battery retailer;
(2) a battery wholesaler;
(3) a secondary lead smelter; or
(4) a collection or recycling facility authorized under the laws of this state or by the
Environmental Protection Agency (EPA).
(b) a battery retailer shall dispose of used lead-acid batteries only by delivery to:
(1) a battery wholesaler or an agent thereof;
(2) a secondary lead smelter or an agent thereof;
(3) a battery manufacturer for delivery to s secondary lead smelter; or
(4) a collection or recycling facility authorized under the laws of this state or by EPA.
Page 14 of 20
§328.14. Retail Sale of Lead-acid Batteries.
A battery wholesaler in Texas shall:
(1) accept from the customer, if offered by the customer, at the point of transfer, used
lead-acid battery of the type and in quantity equal to the number of new lead-acid
batteries sold; and
(2) post written notice, containing the universal recycling symbol, concerning the sale
and disposal of lead-acid batteries. The written notice shall conform to the
requirements of §328.16 of this title (relating to notice requirements) and shall be
provided by the executive director.
§328.15. Wholesale Sale of Lead-acid Batteries.
A battery wholesaler in Texas shall:
(1) accept form the customer, if offered by the customer, at the point of transfer, used
lead -acid batteries of the type and in quantity equal to the number of new lead-acid
batteries sold; or
(2) if accepting batteries in transfer. from battery retailer or retail facility, remove all
used lead-acid batteries from retail point of collection within 90 days after
acceptance; and
(3) shall post written notice, containing the universal recycling symbol concerning the
sale disposal of lead-acid batteries. The notice shall conform to the requirements of
§328.16 of this title (relating to Notice of Requirements) shall be provided by the
executive director.
§328.16. Notice Requirements.
(a) A battery retailer or wholesaler shall post in a place visible to all customers a conspicuous
notice in both English and Spanish containing the universal recycling symbol concerning
the sale and disposal of lead -acid batteries.
(b) The notice shall be a sign at least 8 '/Z inches by 11 inches in size and shall be provided by
the executive director, and shall contain the following language:
(1) "It is illegal (Class C Misdemeanor) to discard or improperly dispose of a motor-
vehiclebattery or other lead-acid battery"
(2) "Recycle your used batteries"; and
(3) "State law requires us to accept used motor-vehicle batteries for recycling in
exchange for new batteries purchased."
Page 15 of 20
§328.17. Recordkeeping.
(a) Battery retailers and battery wholesalec•s shall, as minimum, maintain a record of the
number of lead-acid batteries that are purchased, the number of lead-acid batteries that are
accepted in return for new batteries sold (trade-ins), and the number of lead-acid batteries
that are delivered to a disposal facility.
(b) The records required under this section shall be maintained on a monthly basis and shall be
kept for a period of three (3) years. These records shall be made available to any
representative of the executive director upon request.
§328.18. Inspection of Battery Retailers.
A representative of the executive director may enter any place, building, or premise of a battery
retailer for the purpose of inspecting the facility for compliance with this subchapter. The
inspection or investigation will be made only during regular business hours or by appointment
for any other time.
§328.19. Penalties.
(a) It is a violation of this subchapter for battery retailer or wholesaler to:
(1) Fail to maintain correct and complete records;
(2) Fail to comply with the provisions of this subchapter; or
(3) Fail to comply with written warnings, citations, or directions given by the
commission.
(b) A battery retailer or wholesaler who violates this subchapter is subject to the assessment of
administrative penalties and /or civil penalties as prescribed by state law.
Page 16 of 20
' CITY OF PORT ARTHUR
BID SHEET
- BID FOR: EQUIPMENT BATTERIES
BID OPENING DATE: July 29 2009
OUTLINE OF BID DATA:
I
~'
'"~t
' ~ ~~
!J~'
~ ~~"~ doing bus iness in the
The undersigned
~
~'
'? .5
' submits herewith, in conformity
,
City/Town of d2 ~ - ~~
ecifications for the following Bid:
and S
diti
ons
with the General Instructions, Con p
,
BCI
Grou Number Estimated
Annual Usa a Unit Cost
Item # Part Number ,,,,~~
c7G
W
1 730-030-00001
4-D
22 $
,
~ ~ ~ 7~~
2 730-030-00002
8-D
14
24 38 $ ~S,c7:.~
3 730-030-00003
S ~~
4 730-030-00005 27 14 $ \
~~,~D
5 730-030-00007 31-P
22 $
~~~
6 730-030-00008 31.5
22 $
'~e~J
7 730-030-00009 58-60
2 $
,,j ~
'~c
8 730-030-00010 74
14 g
,
6 $ ~'#?,tiav
9 730-030-00011
75-50
24 $ ~ ~ G
10 730-030-00013 65-60
Trojan t-125 deep cycle equivalent 8P $ ~! 7' o
i l or exact
Note: this unit cost must include all fees, taxes and other up charges. ~~~~~i~cJu.~z ~+'~' ~'~
Receipt of addenda is acknowledged:
No. 1 Dated Received
~~
rg~G v;, L. _ l
COMP N~" NA E STREE ADDRESS
SI NAT RE OF IDDER P.O. BOX
A~ 7~~ j~
CITY STATE ZIP
(PRINT OR TYPE NAME)
f~l.~ ~~-
TITLE
EMAIL
AREA CODE TE EPHONE NO.
Page 17 of 20
BID OPENING DATE: July 29, 2009
CITY OF POR"C ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION
NUMBER as indicated below:
REMIT PAYMENT TO:
COMPANY
ADDRESS ~ ~/~
CITY/STATE/ZIP D-rt.~~~/ ~~j ~ ~ ~ `~ G
SEND PURCHASE ORDER TO:
COMPANY _ ~'~ ~~ ,~ ~. (~i -~
ADDRESS ~j~ ~ ` ~ /~ ~'
CITY/STATE/ZIP
7L ~~
TAX IDENTIFICATION NUMBER ~~ %~'~- J ~ l L L ~~ - ~1
Page 18 of 20
CONFLICT OF INTEREST QUESTIONNAIRE FOR1ti1 CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80` Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1-a) with a local governmental entity and the person meets requirements under Section 176.006 (a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7`h business
day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this
section is a Class C misdemeanor.
1. Name of person who has a business relationship with local governmental entity. C~
2. ^ Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
7`h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3. Name of local a government officer with whom filer has emplayment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1-a), Local Government Code. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes ~ No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from the filer of
the questionnaire?
Yes ~ No
C. Is the filer of this questionnaire employed by a corporation or other
^ Yes ~ No
D. Describe each employment or business relationship with the local government officer named in this section.
Signature of person doing business with the governmental entity Date
Page 20 of 20
AFFIDAVIT
All pages in the offeror's bid proposal containing statements, letters, etc.
shall be signed by a duly authorized officer of the company, whose
signature is binding on the bid proposal.
The undersigned offers and agrees to one of the following:
V eb certif that I do not have outstanding debts with the
I her y y
City of Port Arthur. Further, I agree to pay succeeding debts
as they become due during this agreement.
I hereby certify that I do have outstanding debts with the
City of Port Arthur and agree to pay said debts prior to
execution of this agreement. I further agree to pay succeeding debts
as they become due.
I hereby certify that I do have outstanding debts with the
City of Port Arthur and agree to enter into an agreement for
the payment of said debts. I further agree to pay succeeding
debts as they become due.
NAME OF OFFEROR: ~ ~~ G ~ /~~~~`~'
TITLE O ~ 1~ -~'-'`~
ADDRESS l ~~I l ~ ~~
CITY/STATE/ZIP ~~~ ~ ~- l ~"` "~ ~ ~ L ~
TELEPHONE
G- o I~~
~~~ y=a, s'~ 3 /
SIGNATURE ~ ~^"
STATE ~.Qi~
COUNTY
SUBSCRIBED ANDS 'VORN to before me by the abo~named ___________
~ ~ ~~,~ ~ , ~ ~ ~ ~,~' on this the ~ ~
day of ~~ 4 ~ 20 ~ 1---• ~"_
'1 ~;r~,'
C
n v`ti 3~dtitlA'*%'iiS ~f711 fJ Ais A•d1d44p44C df 0044444
GAA~T Public
9~;r8t~~A M•
T~a~~`~~;: (yot~ty pub99c
~'~ ~ ~~"A~'E p~ TEXAS
'.' ~ ~~' My ~r~mrt, Ex~, D713p12010
•_ :..._••_ _. ,.._,.~„-..~~~~ HIS AFFIDAVIT AS PART OF THE BID PROPOSAL
K YOUR BID WILL BE DISQUALIFIED IF NOT COMPLETED
Page 19 of 20