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HomeMy WebLinkAboutResolution - 2005-R0262 - Contract - Berryhill Sewer Service Inc. - Chemical Toilet Rental - 06_23_2005Resotut on No. 2005-RI�262 Dube 23, 2005 Item 33 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for chemical toilet rental — annual pricing, by and between the City of Lubbock and Berryhill Sewer Service, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of June , 2005. /&IZ/ C ACOUGAL, MAYOR ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman, urchasing & Contract Manager APPROVED AS TO FORM: i M. Knight, Assfi-tant City Attorney gs/ccdocs/res-Contract-Berryhill Sewer Sery Inc June 10, 2005 Resolution No. 2005-RO262 ITB #05-065-MA, Chemical Toilet Rentals — Annual Pricing CITY OF LUBBOCK CONTRACT NO. CONTRACT FOR SERVICES I 6064 For. Chemical Toilet Rental - Annual Pricing Contract CONTRACT #6064 THIS CONTRACT, made and entered into this 23rd day of June, 2005, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Berryhill Sewer Service, Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for ITB #05-065-MA, Chemical Toilet Rental — Annual Pricing and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Chemical Toilet Rental — Annual Pricing. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the chemical toilets specifically referred to as Items No. 1-10 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 5. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of B or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code, Further, Contractor shall maintain said coverage throughout the term of this Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. 05-065-MA.doc ITB #05-065-MA, Chenrical Toilet Rentals — Annual Pricing The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Commercial General (public) Liability insurance, per occurrence, in an amount not less than $500,000 including coverage for the following: Products /completed operations Personal & Advertising injury Contractual liability Fire Damage (Any one Person) Automotive Liability insurance, per occurrence, in an amount not less than $500,000 combined single limit including coverage for the following: Any Auto The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as a primary additional insured under the policies. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. Contractor's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate of insurance described below must reflect that the above working is included in evidenced policies. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect; all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 6. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 7. This Contract consists of the following documents set forth herein; Invitation to Bid #05-065-MA, General Conditions, Insurance Requirements, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY BERRYHILL SEWER SERVICE, INC. BY 4e� d_At!!N 14W Authorized Repres tatl ATTEST: �Q,� �r,I1 ��� ��[ // Printed Name — P.O. Box 5009 Rebecca Garza, City Secretary Lubbock, Texas 79408 Phone: (806) 762-1066 Fax: (806) 762-1176 APPROVED AS TO FORM: Ci omey 05-065-MA.doc rM #05-065-MA, Chamieal Toilet RBIs - Annwl Pricing SUBMIT TO: j CITY OFLUBBOCKDEx CITY OF LUBBOCK, TEXAS PURCHASING DEPARTMENT 1625 13TM STREET, RM 204 LUBBOCK, TX 7WI-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marts Alyart2, Senior Buyer EMPLOYER #05-065-MA TEL: 806.775.2167 FAX: 806.775.2164 http://pumhasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Chemical Toilet Rental - Annual Pricing dune S, 2005, 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION:: June 1, 2005, at 10:00 a.m. AM bide nKvtvad oiler the dpw and date kited obooc marinas of the mote of In the Munlelpal Butldltag,162513& Street, Training Room LOI, ddhwy, rhW1 he remind wmVvwd Lubbock,Texas. RESPONDENT NAME: B e r r yh i l l S ewe r Service, Inc. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE I178 NUMBER, THE CLOSING DATE AND TIME., AND YOUR COMPANY NAIL AND ADDRESS. MAILING ADDRESS: 0 Box 5009 IFP RETURNING AS A 'NO BID".PLEASE COMPLETE AND RETURN THE . . "STATEMENT OF NO BID". CITY - STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY Lubbock, TX 79408 AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO TELEPHONE NO: 6 6 6 ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE 8 0 6 —7 2 —1 O CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: 806-762-1176 REQUEST PERMITS COMPETITTVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY E-MAIL: Bern hillsewer4109@SBCGLOBAL.N T-ANGUAGE, REQUIREMENTS, ETC, OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LDAIfS THE REQUIREMENTS STATED IN THIS FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. TTB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN 7 5 —16 8 5 9 9 2 WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE S BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Cbarta states that no officer or employee of the City can benefit from any contract Job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will my officer or employee of the City, or member of their irm ixiiate family, benefit from the award of this bid to the above firm?_ YES X NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECITTE THIS PORTION MAY RESULT IN BID REJECTION. By my sigmume I eatity that this offer is made without prior tmderstandin& specam; or connection with my aoiparstioo, fimt, business entity, or person submitting an offer for the same materials, supplies, equipment, or servi*s), and is in all respects fitir and without collusion or fraud. I fiuther agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and 'interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Terms far price ruing relating to the particular eormmdity(s) or service (s) p or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and became effective at the time the City tenders final paymen the �r �n / �,, i, A Al President Aiihorbwd Signature / Tkk Lee Berryhill 5/23/2005 Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 05-065-MAAm 171B 005-M-MA, Cbanial Toikt Rentab - Annual Pricing BID FORM Chemical Toilet Rental - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #05-065-MA In compliance with the Invitation to Bid #05-065-MA, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the Iocations and for the prices set forth on this form. The Invitation to Bid #05-065-MA is by reference incorporated in this contract. The Bid Form most be completed in blue or black Ink or by typewriter. UNIT OF UNIT -Ekt-en-iled Deliv ITEM QTY MEASUR DESCRIPTION PRICE* Cost Dayysy E BID ARO* * Ali stated quantities are approximations o usage. Actual usage may be more or lea. Chemical toilets are to be cleaned as often as requested, �nerally once a week. Cleaning shill consifif of removing wastes, mopping, and Within refurnlshi>4 the unit with fresh chemical tissu and eodorant block. 24 hour Each Chemicaloft xental, daily $ 15.00 1500.00 it acChemical Toilet Rental, weekly 20.00 1000.00 it c6-- Me—mucal Toilet Rental, monthly 40.00 1400.00 it Each ADA Accessible Chemical Toilet Rental, daily 15.00 750.00 it Each ADA Accessible Chemical Toilet wee 20.00 500.00 it Che Accem-ble mica Toilet , monthly 40.00 400.00 itac ore mtwR an u o honer, Y 100.00 500.00 itMobileUnit vvR an u Conditioner, w=kIV 300.00 1500.00 " Each MobileUnit with and Air Conditioner, 800.00 4000.00 " mom c RhonaService Charge 10.00 300.00 " *PRICE: F.O.B. City of Lubbock**Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of _0_1e, net calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment teams will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in lose than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity, and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Intedocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same 05-065-MA.doe 11S 005-065-MA, Cbomial Toilet Rootals - Annual Pricing services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wollffortb. YES NO _XXX • If you (the bidder) chocked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY Berryhill Sever Service, Inc. a corporation organized under the laws of the State of Texas , or a partnership consisting of or an individual trading as Finn: Berryhill Sever Service, Inc. Address P.O. Box 5009 City: Firm By T.iflilinrlc of the City of State: TX Zin i a A n R M/WB E Woman Black American Native American Hispanic American Asian Pacific Other (Specify) American Representative - must sign by hand Officer Name and Title: Lee Berryhill — President Please Print Business Telephone Number 806-762-1066 FAX: 806-762-1176 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finn/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 05-065•MA.doc Representative - must sign by hand Officer Name and Title: Lee Berryhill — President Please Print Business Telephone Number 806-762-1066 FAX: 806-762-1176 FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Finn/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 05-065•MA.doc ITB #05-065-MA, Chemical Toilet Rentals - Annual Pricing Chemical Toilet Rental - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #05-065-MA THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Chemical Toilet Rental - Annual Pricing per the attached specifications. Sealed bids will be received no later than 3:00 p.m. CST, June 8, 2005, if date/time stamped on or before 3:00 p.m. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #05-065-MA, Chemical Toilet Rental - Annual Pricing" AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a pre -bid meeting will be held at 10:00 a.m.. June 1. 2005 in the Municipal Building . located 1625. 131h Street. Training Room 1_01. Lubbock. Texas. All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre -bid meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. 05-065-MA.doc 4 ITB N05-065-MA, Chemical Toilet Rentals — Annual Pricing CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Marta Alvarez, Senior Buyer City of Lubbock 1625 13th Street Lubbock, Texas 79401 Fax: (806) 775-2164 RFPDepot: hgp://www.RFPdeyot.com ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Intemet at hqp://www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Intemet at htip://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 6 BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATEfITME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY". 05-065-MA.doc 5 ITB #05-065-MA, Chemical Toilet Rentals — Annual Pricing 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The number of calendar days required to place the materials in the City's receiving point under normal conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. 6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. 6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 7 BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay Agy costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 05-065-MA.doc 6 ITB #05-065-MA, Chemical Toilet Rentals — Annual Pricing 8.3 Marking your entire bid CONI;IDENTIkL/PkOPRIETARY is not in conformance with the Texas Open Records Act. LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB is defined as a small business concern which is at least 51 % owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 11 CONFLICT OF INTEREST 11.1 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 Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Invitation to Bid. 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid either item -by -item or on an all - or -none basis for any item or group of items shown on the Bid Form. 05-065-MA.doc 1TB #05-065-MA, Chemical Toilet Rentals — Annual Pricing 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR ........... PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. 13.9 In order to assure adequate coverage for remote locations throughout the City, the City may make multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in the best interest of the City. Cost and location will be used in making this determination. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Bidders taking exception to any part or section of the specifications shall indicate such exceptions on the specifications. Failure to indicate any exception will be interpreted as the bidder's intent to comply fully with the requirements as written. Conditional or qualified bids, unless specifically allowed, shall be subject to rejection in whole or in part. 15.4 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. The City has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of services being procured. 05-065-MA.doc 8 ITB k05-065-MA, Chenocal Toilet Rentals — Annual Pricing 15.5 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned. 15.6 When specifications call for samples to be submitted, samples must be delivered by the bidder, at bidder's expense, to the Purchasing Manager no less than seven days prior to the opening of bids. Each sample must be clearly tagged to show bidder's name and address, item number, and the name of the item being substituted. The name of the manufacturer and brand name, technical data, intended use, and other pertinent data for product evaluation must accompany each sample. 15.7 The purpose of this Invitation to Bid is to set a period of one year, firm pricing for the item(s) and./or service(s) described herein, with an option to renew annually, for up to two additional years upon mutual agreement of both parties. 15.8 All stated quantities are approximations of usage or consumption during the time period to be covered by pricing established by this bid. Actual usage or consumption may be more or less. Order quantifies and time will be determined by actual need. 16 QUALIFICATIONS OF BIDDERS 16.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 16.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or services. 17 ANTI -LOBBYING PROVISION 17.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 17.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 18 BONDS, INSURANCE AND INDEMNITY 18.1 No bonds are required to be submitted with this bid. 05-065-MA.doc ITB #05-065-MA, Chenrical Toilet Rentals — Annual Pricing 18.2 The successful bidder shall meet the minimum insurance requirements as defined in Section II. A City of Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must accompany each bid. 18.3 The successful bidder agrees to indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result there from, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at its own expenses, satisfy discharge the same. Contractor expressly understands and agrees that any bond required by the contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 19 UTILIZATION OF LOCAL BUSINESS RESOURCES The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Council by contacting the Executive Assistant to the City Council. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2165. 05-065-MA.doc 10 ITB 405-065-MA, Chemical Toilet Rentals — Annual Pricing Chemical Toilet Rental - Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 05-065-MA II. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate, along with a copy of the additional insured endorsement, to the City which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The Contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Commercial General (public) Liability — Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: Products and Completed Operations Personal Injury and Advertising Injury Contractual Liability Fire Damage (Any one Fire) Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $500,000 per occurrence, and include coverage for, but not limited to the following: Any Auto ADDITIONAL POLICY ENDORSEMENTS Contractor agrees to waive its right of recovery against the City of Lubbock for all claims and suits against the City of Lubbock, which are or may be covered by the above -described insurance coverages. Contractor. In addition, its insurers, 05-065-MA.doe 11 1TB #05-065-MA, Chemical Toilet Rentals — Annual Pricing through policy endorsement, waive their right of subrogation against the City of Lubbock for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against the City of Lubbock for loss of its owned or leased property under its care, custody, or control. Contractor's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policies required above (excluding Workers' Compensation) shall include a severability of interest endorsement and shall name the City as a primary additional insured with respect to work performed under this agreement. Severability of interest naming the City of Lubbock, as primary additional insured shall be indicated on the certificate of insurance. The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: Name the City of Lubbock and its officers, employees, and elected representatives as primary additional insureds, (as the interest of each insured may appear) as to all applicable coverage; Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; Provide for notice to the City at the address shown below by registered mail; The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Victor Kilman - Purchasing Manager City of Lubbock 1625 13'h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 05-065-MA.doc 12 nB M03-065-MA, Chemical Toilot RentWo - Annual Pricing CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. "�J , ,7..4� . Contractor vnhu LAP RPrryhi11 Contractor (Print) CONTRACTOR'S NAME: Berryhill Sewer Service, Inc. (Print or Type) CONTRACTOR'S ADDRESS: P.O. Box 5009 Lubbock, TX 79408 Name ofAgentBroker: Butler —Carson Insurance Agency Address ofAgentBroker: 4505 82nd Street, Suite # 10 City/State/Zip: Lubbock, TX 79424 Agent/Broker Telephone Number. (806— ) 798-7979 Date: 5 / 23 / 2005 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, lease contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. 05-0e5-MA.doe 13 ITB II05-065-MA, Chemical Toilet Rentals — Annual Pricing III. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. Requirements Contract: During the period of the contract, the Contractor shall provide all the services described in the contract. The Contractor understands and agrees that this is a requirements contract and that the City shall have no obligation to the Contractor if no services are required. Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract. The amount is only an estimate and the Contractor understands and agrees that the City is under no obligation to the Contractor to buy any amount of the services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The Contractor further understands and agrees that the City may require services in an amount less than or in excess of the estimated annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. In making its bid hereunder, the Contractor expressly recognizes the rights of the City provided herein, and further recognizes that the Contractor shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. Nonappmpriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then - current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. Invoices: Contractor shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Contractor shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. 4 No Warranty By The City Against Infringements: As part of the contract for sale, Contractor agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Contractor for indemnification in the event that Contractor is sued on the grounds of infringement or the like. If Contractor is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Contractor will save The City harmless. If Contractor in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 5 Material Safety Data Sheets: Contractor shall provide Material Safety Data Sheets (MSDS) for all chemicals to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 6 Gratuities: The City may, by written notice to the Contractor, cancel the contract or purchase order without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or 05-065-MA.doc 14 1TB #05-065-MA, Chemical Toilet Rentals — Annual Pricing amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing such gratuities. 7 Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 8 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Contractor without the written permission of the City. Any attempted assignment or delegation by Contractor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 9 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally (mown as the Right to Know Law.) 10 Waiver: No claim or right arising out of a breach of the contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 11 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other parry's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 12 Unsatisfactory Work: If, at any time during the contract term, the service performed or work done by the Contractor is considered by the City to create a condition that threatens the health, safety, or welfare of the community, the Contractor shall, on being notified by the City, immediately correct such deficient service or work. In the event the Contractor fails, after notice, to correct the deficient service or work immediately, the City shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Contractor. 13 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Contractor to meet the time specifications of the contract will cause Contractor to be in default of the contract. 14 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer famishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 05-065-MA.doc 15 ITB #05-065-MA, Chemical Toilet Rentals — Annual Pricing Chemical Toilet Rental - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #05-065-MA IV. Contract Specifications 1 GENERAL: 1.1 The purpose of this invitation to bid is to set for a period of one year, firm pricing for the rental and servicing of chemical toilets at various locations. 2 MINIMUM REQUIREMENTS: 2.1 All stated quantities are approximations of usage or consumption during the time period to be covered by pricing established by this bid. Actual usage or consumption may be more or less. Order quantities and time will be determined by actual need. 2.2 Bidder shall provide chemical toilets rentals and related services at various locations with the City of Lubbock. Contractor shall provide chemical toilets within twenty-four hours after receipt of order. The number of units needed and the placement of the chemical toilets will be determined by the City of Lubbock. 2.3 Contractor shall provide professional staff experienced and qualified to provide rental and servicing of chemical toilets. Contract shall provide all chemicals, water and supplies needed. For trailer units with electricity requirements for lights, air-conditioning, and heating, the City shall provide the electrical connection point and electricity. 2.4 Rental rates shall include on -site cleaning and servicing of chemical toilets. The cleaning and servicing of the chemical toilets will be has often as requested, generally either weekly or twice per week. Cleaning consists of removing wastes, mopping with soap based chemicals, and refurnishing the unit with the following: five gallons of fresh chemical for the tank, two rolls of toilet paper, and one deodorant block. Chemical toilets shall be scheduled for cleaning on the same day or days of each week for consistent cleaning. Additional cleanings due to natural problems are to be free of charge. Any additional on -site cleaning and servicing will be determined by the City of Lubbock. 2.5 Contractor shall move chemical toilets to location free of charge on the day it is cleaned providing Contractor is notified a minimum of twenty-four hours in advance. Contractor shall empty holding tanks once per week, or as needed. 2.6 The City shall provide Contractor with name(s) of City representative(s) authorized to initiate orders and provide locations for toilet placement. Placement shall be at a City facility, project site, or other location within the City of Lubbock. At the City's option, the City may designate locations for portable toilets to handle emergencies or natural disasters and Contractor shall be provided with a list of such locations as it is made available. Contractor shall provide the City with the name and emergency phone number of Contractor's representative responsible for handling service requests during and after normal business hours. 05-065-MA.doc 16 ITB #05-065-MA, Chemical Toilet Rentals — Annual Pricing CITY OF LUBBOCK, TEXAS STATEMENT OF NO BID The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bid to: Victor Kilman, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB # 05-065-MA for the following reason(s): Specifications too "tight', i.e. geared toward one brand or manufacturer only. (Please explain reason below) Specifications unclear. (Please explain below) Insufficient time to respond to Invitation to Bid. We do not offer this product/s or equivalent. (If you wish to remain on bidders list for other commodities and/or services, please state particular product and/or service under which you wish to be classified.) Our product schedule would not permit us to perform. Unable to meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please specify below) Company Name: City:_ Contact State: Zip Business Telephone Number FAX: Internet Address: Company's Internet Web Page URL: 05-065-MA.doc 17 rM 005-063-MA, Chemical Toilet Rentals — Annual Pricing SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Berryhill Sewer Service, Inc. Signature of Company Official: Date Signed 5/23/2005 Printed name of company official signing above: Lee Berryhill 05-065-MA.doc 18 rM 005-065-MA, Chemical Toilet Rentals — Annual Pricing CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY Rprrvhill Rewer ceruice, Tnt, being fast duly sworn, on his/her oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said bidder has not directly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. Berryhill Sewer Service, Inc. N OF FIRM I NATURE OF IDDER President TITLE Subscribed and swom to before me this 3f day of 200 T— Notary Public in an for the State of Texas residing at NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL 05-065-MA.doo 19 Jul 1F 05 01:04p Butler -Carson Insurance R 806'798'7888 P.2 ORA CERTIFICATE OF LIABILITY INSURANCE 06/iii0o PRODUCER (gpQ798-7979 FAX C806) 798-7888 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Butler -Carson Insurance Agency 450S 82nd St, Suite 10 Lubbock, TX 79424 Theresa Walker INSURED BerrvhiTl Sewer Service, Inc. P.O. Box S009 Lubbock, TX 79408 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE INSURERA: America First Lloyds INSURERB: Peerless Insurance C INSURER c: The Netherlands Insu INSURER D: INSURER E: NAIC # -COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINC ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TO AD D ONDATE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 1MM1QDfYYt 'LIMITS GENERAL LIABILITY CBP9731371 07/61/200S 07/01/2006 EACH OCCURRENCE ; 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED accumaQw— b 100 , 00 CLAIMS MADE a OCCUR $ 5,00 MED EXP (Any one person) A PERSONAL & ADV INJURY ; 1,000.00 GENERAL AGGREGATE $ 11000,0 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 1,000,00 POLICY PRO- LOC JECT AUTOMOBILE LIABILITY X ANY AUTO BA9730371 07/01/2005 07/01/2006 COMBINED SINGLE LIMIT (Ea acadenq S S00 , 00+ BODILY INJURY (Per person) S B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (PeracGdenl) S HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per acadenl) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC AUTO ONLY: AGG 9 ANY AUTO S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE S E S DEDUCTIBLE RETENTION WORKERS COJMPENSATION AND WC9745681 07/01/2005 07/01/2006 K I WC STATu-I JOTH- C EMPLOYERS'LL4MLITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERUMEMBER EXCLUDED? If yes, deserlbe under SPECIAL PROVISIONS below E.L. EACH ACCIDENT S 1 , OOO :OOC E.L. DISEASE - EA EMPIL YEFJS 1, 000, 00G E.L. DISEASE - POLICY LIMIT I S 1 000, 00d OTHER DE§CRIPTION OF OPERATIONS? LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS rimary Additional Insured and Waiver of Subrogation in favor of the certificate holder on the General iability and Auto policies as required by written contract. Waiver of Subrogation in regards to orkers Compensation in favor of the certificate holder as required by written contract. (See Form 22-45TX Commercial General Liability Extension Endorsement following) i City of Lubbock P. 0. Box 2000 Lubbock, TX 79408 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTI ERTI O THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCHCE SHALL IMPOSE NO ATION OR LIABILITY OF ANY KIND UPON THE INSU ITS AGEW7i OR REP ESE ATIVES. / /7 AUTHORIZD CordonEButlerNTATI I ?YA Mal, ACORD 25 (2001108) ©ACORD CORPORATION 1988 Jul 15=05 01:05p Butler -Carson Insurance R 8067987888 p.3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Jun 27,05 10:17a Butler -Carson Insurance R 8067987888 p.2 INSURED: Berryhill Sewer Service, Inc. POLICY NUMBER: CBP9731371 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance under the COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDU The following endorsement provision does not apply when "X" is shown in the space provided below: Provision B. PROPERTY DAMAGE - BORROWED EQUIPMENT does not apply Provision C. PROPERTY DAMAGE - CUSTOMERS' GOODS does not apply Provision F. MEDICAL PAYMENTS EXTENSION does not apply Provision H. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT does not apply Provision 1. ADDITIONAL INSUREDS -VENDORS does not apply Provision J. BROAD FORM NAMED INSURED does not apply Provision K. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES does not apply Provision L. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT does not apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED WATERCRAFT Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1), provision (2)(a) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and B. PROPERTY DAMAGE - BORROWED EQUIPMENT 1. Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1), provision (4) of exclusion J. Damage To Property does not apply to "property damage" to borrowed equipment while that equipment is not being used to perform operations at the job site. 2. Under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b. Excess Insurance: Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2000 22-45TX (12/02) Page 1 of 7 Jury 27 05 10:17a Butler —Carson Insurance A 8067987888 p.3 The insurance afforded by provision B. in the Commercial General Liability Extension Endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property insurance. 3. This endorsement provision B. does not apply when it is shown in the Schedule as not applicable. C. PROPERTY DAMAGE— CUSTOMERS' GOODS 1. Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1). provisions (3), (4) and (6) of exclusion j. Damage To Property do not apply to "property damage" to "customers' goods" while on your premises. 2. Under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by provision C. in the Commercial General Liability Extension Endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property insurance. 3. The following is added to SECTION V - DEFINITIONS: "Customers' goods" means property of your customer on your premises for the purpose of being worked on or used in your manufacturing process. 4. This endorsement provision C. does not apply when it is shown in the Schedule as not applicable, D. PROPERTY DAMAGE LIABILITY — ELEVATORS 1. Under paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1), provisions (3), (4) and (6) of exclusion j, Damage To Property do not apply if such "property damage" results from the use of elevators. 2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by provision D. in the Commercial General Liability Extension Endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property insurance. E. DAMAGE BY FIRE, LIGHTNING, EXPLOSION, SMOKE OR LEAKAGE If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1, Under subsection 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION 1): a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems) to premises, including the contents of such premises, rented to you for a period Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2000 22-45TX (12/02) Page 2 of 7 Jura 2'.05 10:17a Butler —Carson Insurance A 8067987888 p.4 of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III - LIMITS OF INSURANCE, 2. Paragraph 6. under SECTION III -LIMITS OF INSURANCE is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner. This limit is the greater of: a. $300,000;or b. The amount shown in the Declarations for Damage To Premises Rented To You Limit. 3. The word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protection systems" where it appears in: a. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4.Other Insurance, paragraph b. Excess Insurance, subparagraph (1)(b); and b. SECTION V— DEFINITIONS, paragraph 9.a. F. MEDICAL PAYMENTS EXTENSION 1. SECTION III - LIMITS OF INSURANCE, paragraph 7. is replaced by the following: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C. for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: a. $15,000; or b. The Medical Expense Limit shown in the Declarations. 2. Under provision 1. Insuring Agreement of COVERAGE C MEDICAL PAYMENTS (SECTION 1), the second subparagraph (2) of paragraph a. is replaced by the following: (2) The expenses are incurred and reported to us within three years of the date of the accident; and 3. This endorsement provision F. does not apply when: Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2000 22-45TX (12102) Page 3 of 7 Jura 27 05 10:18a Butler -Carson Insurance R 8067987888 P.5 a. It is shown in the Schedule as not applicable; or b. COVERAGE C. MEDICAL PAYMENTS (SECTION 1) is otherwise excluded from this Coverage Part. G. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B: 1. Paragraph 1.1b. is replaced by the following: b. Up to $2500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $300 a day because of time off from work. H. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION If - WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision H. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury', "property damage" or "personal and advertising injury"; b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor Includes copyrighted material of Insurance Services Office, Inc, with its permission. Copyright, Insurance Services Office, Inc.. 2000 22-45TX (12102) Page 4 of 7 Jun 27�05 10:18a Butler -Carson Insurance n 8067987888 p.6 engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To 'bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization included as an insured under provision I. of this endorsement; f, To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy; or g. When it is shown in the Schedule as not applicable. I. ADDITIONAL INSURED - VENDORS Paragraph 2. under SECTION 11- WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: agreed a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2000 22-45TX (12102) Page 5 of 7 Jun 27,05 10:18a Butler —Carson Insurance R 8067987888 p-7 container, part or ingredient of any other thing or substance by or for the vendor; or h. To "bodily injury" or "property damage" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This endorsement provision I. does not apply when it is shown in the Schedule as not applicable. J. BROAD FORM NAMED INSURED 1. SECTION II -WHO IS AN INSURED is amended to include as an insured any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. 2. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 4. Other Insurance, paragraph b. Excess Insurance: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock. 3. Paragraph 2. of this endorsement provision J. does not apply to a policy written to apply specifically in excess of this policy. 4. This endorsement provision J. does not apply when it is shown in the Schedule as not applicable. K. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 1. Under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. 2. This endorsement provision K. does not apply when it is shown in the Schedule as not applicable. L. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 1. Under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under paragraph 1. of SECTION Il — WHO IS AN INSURED or a person who has been designated by them to receive reports of occurrences, offenses, claims and "suits" shall have received such notice from the agent, servant or "employee". 2. This endorsement provision L. does not apply when it is shown in the Schedule as not applicable. Includes copyrighted material or Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2000 22-45TX (12/02) Page 6 of 7 Jun 27,05 10:18a Butler -Carson Insurance A 8067987888 p.8 M. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. This does not apply to provisions that are shown in the Schedule as not applicable. N. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS, definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2000 22-45TX (12/02) Page 7 of 7 Jun-'27,05 10:19a Butler -Carson Insurance R 8067987888 p.9 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108)