HomeMy WebLinkAboutResolution - 2009-R0159 - Contract - Trace Analysis Incorporated - Laboratory Analysis Of Soil Samples - 04_27_2009Resolution No. 2009-RO159
April 27, 2009
Item No. 5.14
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, Contract Number 8969 for
Laboratory Analysis of Soil Samples as per Bid 09-025-FO, by and between the City of
Lubbock and Trace Analysis Incorporated 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 27th
ATTEST:
—JQ . 0 a C- " , 11�-3A /- -
Rebe0a Garza, City Secretary
APPROVED AS -TO CONTENT:
L. Adams, Deputy City Manager
APPROVED AS TO FORM:
Turf Vandiver, City Attorney ,
day of April , 2009.
'1114ioe—
TON4 MARTIN, MAYOR
vw/ccdocs/Resolutions/RES.Contract-Trace Analysis Inc.
April 14, 2009
09-025-FO-Laboratory Analysis of Soil Samples -Annual Pricing
CITY OF LUBBOCK Resolution No. 2009—RO159
CONTRACT FOR SERVICES Contract: 89tS7
For
Laboratory Analysis of Soil Samples — Annual Pricing
ITB #09-025-FO
THIS CONTRACT, made and entered into this 27th day of April, 2009, pursuant to a resolution heretofore
adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Trace Analysis
Incorporated ("Contractor"),
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Laboratory Analysis of Soil Samples
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 Laboratory
Analysis of Soil Samples.
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:
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 Laboratory Analysis of
Soil Samples specifically referred to as Items) No. 1 thru 13 and more particularly described in the bid
submitted by the Contractor or in the specifications attached hereto.
2. The contract shall be for a teen of one year, said date of term beginning upon City Council date of
formal approval. The City and Contractor may, upon written mutual consent, extend the contract for
four additional one-year periods. The rates may be adjusted upward or downward at this time at a
percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index
(PPI), whichever is most appropriate for the specific contract for the previous 12-months. At the City's
discretion, the effective change rate shall be based on either the local or national index average rate for
all items. If agreement cannot be reached, the contract is terminated at the end of the current contract
period.
3. 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.
4. The Contractor shall perform the work according to the procedure outlined in the specifications and
Invitation to Bid attached hereto and incorporated herein.
S. 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.
ITB# 09-025-FO 28
09-025-FO-Laboratory Analysis of Soil Samples -Annual Pricing
b. The Contractor shall obtain and maintain in full force and effect during the term of the contract,
commercial general liability coverage with insurance carriers admitted to do business in the State of
Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be
written on an occurrence basis, subject to the following minimum limits of liability:
INSURANCE COVERAGE REQUIRED
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.
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):
TYPE AMOUNT
Commercial General Liability Per Occurrence: $300,000
General Aggregate
Other:
Professional Liability with Environmental Coverage: $500,000
The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in
favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the project
name or bid number for which the insurance is being supplied.
The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The
certificate wilt 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.
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.
7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests
accruing from this Contract without the written consent of the other.
8. This Contract consists of the following documents set forth herein; Invitation to Bid #09-025-FO,
General Conditions, Specifications, and the Bid Form,
ITB# 09-025-FO 29
09-025-FO-Laboratory Analysis of Soil Samples -Annual Pricing
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year
first above written. Executed in triplicate.
CITY OF LUBBOCK
Tom Martin, Mayor
ATTEST:
Reber a Garza, City Secretary
APPROV TO C NT:
Thomas Adams, 6eputy City Manager
APPROVED AS TO 0'
%n
Assistant City Attorney
CONTRACTOR
BY
Authorized Repre e ive
Address
ITB# 09-025-FO 30
09-025-FO-Laboratory Analysis of Soil Samples -Annual Pricing
BID FORM
Laboratory Analysis of Soil Samples — Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB #09-025-FO
In compliance with the Invitation to Bid #09-025-FO, the undersigned Bidder having examined the invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the
material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at
the locations and for the prices set forth on this form. The Invitation to Bid 409-025-FO is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
APPROX
UNIT OF
UNIT*
Extended
Delivery
ITEM
QTY
MEASURE
DESCRIPTION
PRICE
Cost
Days
rr,
b.
C.
d.
BID
f = b x e
ARO**
e.
Analyze soil for TKN (ppm), determined by
21
1.
345
EA
Kjedahl digestion or an equivalent accepted
$ 17
$ 5,865
procedure (Non -Mercury).
2.
345
EA
Analyze soil for Nitrate -Nitrogen (ppm)
$ 10
$ 3 450
21
Extractable
3.
345
EA
Analyze soil for Ammonium -Nitrogen (ppm)
$ 10
$ 3,450
21
Extractable
1.
345
EA
Analyze soil for Phosphorus (ppm) Extractable
$ 10
$ 3,450
21
5.
345
EA
Analyze soil for Potassium (ppm) Extractable
$
$
6.
345
EA
Analyze soil for Sodium (ppm) Extractable
$
$
7.
345
EA
Analyze soil for Magnesium (ppm) Extractable
$ 30
$ 10350
21
8.
345
EA
Analyze soil for Calcium (ppm) Extractable
$
$
Analyze soil (saturation paste) for
9.
345
EA
Sodium Adsorption Ratio (SAR)
$
$
Analyze soil for EC (uS/cm);
21
10.
345
EA
Electrical Conductivity (EC) determine from
$ 8
$ 2,760
extract of 2:1 (v)v) water/soil mixture.
Analyze Soil Water pH (Standard Units),
21
Analyzed by the electrometric method in "Test
l 1.
345
FA
methods far Evaluating Solid Waste, EPA SW
$ 8
$ 2,760
846, 40 CFR 260.11. Method 9045 is
appropriate for determining pH,
12.
75
EA
Analyze forage samples for moisture, crude
$ 70
$ 5,250
21
protein, Ca, P, K, Mg, Na, and nitrate -nitrogen
Estimated shipping cost per box, as delivered
0
from the COL to the tab (UPS ARS for
13.
100
BOX
example), each box weighs less than 50
$ 0
$ 0
pounds. Box size is I' x 1' x 1' or less. Each
shipping box size is one cubic foot or less.
J'O l AL BID: I MMS I through 13 (ALL OR NONE):
$ 37335
Seller's bid price MUST INCLUDE all delivery charges paid by seller, F.O.B. Destination, City of Lubbock
The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a quote, and to waive
immaterial formalities.
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0 %, net 30 calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms
will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct
ITB# 09-025-FO 10
09-025-Fa-Laboratory Analysis of Soil Samples -Annual Pricing
invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by
the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days
after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements,
whichever event occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged
anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an
element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality
and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the
supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or
better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the
lower price(s) on all deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the
State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as
provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at
the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if
he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other
governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions,
specifications, and pricing would apply?
Other governmental entities that might have interests in this contract are Frenship Independent School District,
Lubbock 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 Wolfforth.
YES X NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be
eligible, but not obligated, to purchase 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 TraceAnalysis, Inc. a corporation organized
under the laws of the State of Texas , or a partnership consisting of
or an individual trading as
Firm:
Address:6701 Aberdeen Ave., Suite 9
City: Lubbock State: TX Zip 79424-1501
of the City of
M/WBE
X
Woman
Black American
Native American
Firm:
Hispanic American
Asian Pacific
Other (Specify)
American
By
Representative - must sign by hand
Officer Name and Title: Rebecca Leftwich, CEO
Please Print
Business Telephone Number 806-794-1296 Fax Number 806-794-1298
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME,
AND YOUR COMPANY NAME AND ADDRESS.
ITB# 09-025-FO 11