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HomeMy WebLinkAboutResolution - 2005-R0542 - Contract - Midwest Laboratories - Analysis Of Soil Samples - 11_18_2005Resolution No. 2005-RO542 November 18, 2005 Item 5.25 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 laboratory analysis of soil samples, ITB#05-117-BM, by and between the City of Lubbock and Midwest Laboratories of Omaha, Nebraska, 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 18th day of Nn&her )2005. AL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Sherry Stephens Chief Operations Officer of Water Utilities APPROVED AS TO FORM: Jo M. Knight, Assistant City Atto ey gsl/ccdocs/res-Contract-Midwest Laboratoris of Omaha Nov.3, 2005 Resolution No. 2005-RO542 CITY OF LUBBOCK CONTRACT FOR SERVICES For Laboratory Analysis of Soil Samples — Annual Pricing Bed No, 05-117-BM CONTRACT #6241 THIS CONTRACT, made and entered into this 18th day of November, 2005, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Midwest Laboratories, Inc., ( "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: 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 Laboratory Analysis of Soil Samples specifically referred to as Item(s) No. 1-12 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 fnush 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 A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Professional Liabili Not Less Than: $300,000 ITB#05.117-BM.doc The City of Lubbock, its agents, elected and appointed officials, and employees are to be listed as additional insureds 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. The contractor shall also maintain workers compensation insurance in the statutory amount. 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 # 05-117-BM, General Conditions, 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. j z CONTRACTOR BY A thorized Rleprese t ive Printe Name: �a �' d"(�ME' Midwest Laboratories, Inc. 13611 B Street Omaha, NE 68144 APPROVED AS TO FORM: f Ci y Attomey ITB#05.117-BM.doc SUBMIT TO: , r CITY OF LUBBOCK&Contrc ` � CITY OF LUBBOCK, TEXAS Purchasing &Contract Management � 1625 13'h Street, Rm 204 Lubbock, TX 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Bruce MacNair EMPLOYER # 05-117-BM TEL: 806.775.2167 FAX: 806.775.2164 http://pw-chasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Laboratory Analysis of Soil Samples - Annual Pricing October 13, 2005 @ 2:00 P.M. CST PRE BID DATE, TIME AND LOCATION: September 29, 2005 @ 11:00 Any bids received after the time and date listed above, regardless of the A.M., in the LP&L Conference Room at 404 Municipal Drive, Lubbock, TX mode of delivery, shall be returned unopened RESPONDENT NAME: Inc. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, Mid -west Laboratories THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: 13 611 B Street IF 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 Omaha NE 68144 ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE 131D PROCESS. FURTHER, THE CITY TELEPHONE NO: 4 0 2 - 3 3 4 - 7 7 7 0 RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO. — — 121 REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: jking@midwestlabs.com MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. THE REQUIREMENTS STATED IN THIS rTB TO A SINGLE SOURCE. SUCH 470564465 NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) 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 Charter 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 pured. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES 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 EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair 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 tight, title, and interest in and to all causes of action it may now or hereafter acquire undee thf Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased orq r15d by the City of Lubbock. At the City's discretion such assignment shall be made and become effective at the time the City tenders final paymenyi3 vendor. Signature Name on acts Officer Title 10/4/2005 Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB#05.117-BM.doc BID FORM Laboratory Analysis of Soil Samples -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #05-117-BM In compliance with the Invitation to Bid #05-117-BM, 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 farm. The invitation to Bid #05-1 17- BM is by reference incorporated in this contract. The Bid Form roust be completed in blue or black ink or by typewriter. APPROX UNIT OF UNIT Extended Delivery ITEM CITY MEASURE DESCRIPTION PRICE'BID Cost Days a. b. C. d e. f = bxe ARO- 1. 345 EA Analyze soil for TKN (ppm), determined by IGeeldahi digestion or an $9.05 $3,122.25 < 5 days equivalent accepted procedure (Non -Mercury) 2. 345 EA Analyze soil for Nitrate Nitrogen (ppm) Extractable $4.65 $1,604.25 < 5 days 3. 345 EA Analyze soil for Ammonia Nitrogen (ppm) Extractable $4.95 $1,707.75 < 5 days 4, 345 EA Analyze soil for Phosphorus (ppm) Extractable < 5 days 5. 345 EA Analyze soil for Potassium (ppm) Extractable < 5 days 6. 345 EA Analyze soil fox Sodium (ppm) Extractable $8.30 $2,863.50 < 5 days 7. 345 EA Analyze soil for Magnesium (ppm) Extractable < 5 days 8. 345 EA Analyze soil for Calcium (ppm) Extractable 9 345 EA Analyze sal (saturation paste) for $13.75 $4,743.75 < 5 days Sodium Adsorption Ration (SAR) Analyze soil for EC (NS/cm): 10. 345 EA Electrical Conductivity (EC) determine from extract of 2:1 (vfv)waterlsoil $4.05 $1,397.25 < 5 days mixture Analyze Soil Water pH (Standard Units) These are 11. 345 Analyzed by the electrometric method in "Test methods for Evaluating included in with < 5 days Said Waste, EPA SW 646, 40 CFR 260.11. Method 9045 is the $8.30 pricing appropriate for determining pH (see above) Estimated shipping cost per box, as delivered from the COL to the lab $6.351box 12 12 Box (UPS AIRS for example), each boric weighs less than 50 pounds. Box (for boxes < 60 76.20 < 5 days size is V x V x V or less. Each shipping box size is one cubic foot or pounds) less. TOTAL BID: ITEMS 1 through 12 (ALL OR NONE) $15,514.95 PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of °io, net ( 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 afler the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. if at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? ITB#05-117-GM.doc 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 contracts) 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 Midwest Labn r a t_ n r j e s s T n e . a corporation organized under the laws of the State of Nebraska , ore partnership consisting of -NA- or an individual trading as of the City of -NA- Firm: Midwest Laboratories Inc. e�n...�.13611 B Street City: Omaha State: NE Zip 68144 MIWBE Firm: Woman Black American Nativi w Hisaanic American A I Asian Pacific American Other Representative - must sign by hand Officer Nameagdjitle: Jerome J. King - Contracts Officer Please Print BusinewTelepboneNumber 402-334-7770 FAX: 402-334-9121 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB#05-117-BM,doc 3 [Laboratory Analysis of Soil Samples — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 05-117-BM 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 Laboratory Analysis of Soil Samples — Annual Pricing per the attached specifications. Sealed bids will be received no later than 2:00 p.m. CST, October 13, 2005, if date/time stamped on or before 2:00 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- 117-BM, Laboratory Analysis of Soil Samples — 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 & Contract 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 he 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. 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 NON -mandatory pre -bid meeting will be held at 11:00 A.M.. Sevtember 29. 2005, in the LP&L Conference Room. at 404 Municipal Drive, 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 ITU05-117•BM.doc 4 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. 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, reauirements, 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: Bruce MacNair, Senior Buyer BMacnairQmylubbock.us City of Lubbock 1625 13`s Street Lubbock, Texas 79401 Fax: (806)775-2164 RFPDepot: hgp://www.RF'Pdgpot.com 4 ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at hqp://www.RFPftot.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 Internet at hM://www.RFPdMot.corn 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 ITU05-117-SM.doc 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. 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" 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. BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay My 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. 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 ITBg05-117-BMADc 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. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY 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 5 1 % 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; ITU05.117-BM. doc 7 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 for any item or group of items shown on the Bid Form. 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. 133 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. 118 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 is 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. ITU05-117-W. dog 8 15.4 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid, The City of Lubbock specification committee will be the sale 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. 15.5 The City may deem it necessary to specify Approved Brands after conclusive testing, prior 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 retumed. 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. 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 tb 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 THE 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. 18.2 The successful bidder shall meet the minimum insurance requirements as defined in Section I1. A City of Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must accompany each bid. iTB#05.117-SM.doc 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. 14 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 Manager. 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. 21 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 21.1 Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. 21.2 This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.G. Section 153. 21.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 22 CONTRACT TERM AND PRICING 22.1 The contract shall be for a term 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 two 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 ITBIl05-117-BM.doc 10 all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period, 22.2 Listed quantities are estimates only. Actual quantities may vary dependent upon usageirequirement. 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. ITBtt05-117-BM.doc 11 Laboratory Analysis of Soil Samples — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 05-117-BM II. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. 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 1. Professional Liability insurance: Not less than $300,000 ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. ITB#05.117-8M.doc 12 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 & Contract Manager City of Lubbock 1625 13's 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. ITB#05-117-BM.doc 13 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal 1, 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, famish a valid insurance certificateJo the City meeting all of the requirements defined in this bid/proposal. Dr. Jerome J. Ki Contractor (Print) 'S NAME: Mi dw s LaharatQr e Tn (Print or Type) CONTRACTOR'S ADDRESS: 13611 B Street Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Omaha NE 68144 NA Agent/Broker %Telephone Number: Date: m[ �(5 II NOTE TO CONTRACTOR II 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, please contact the Purchasing Manager for the Citv of Lubbock at (806) 775-2165. ITW5-117-BM.doc 14 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. Nonappropriation: 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 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 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. 6 Force Majeure: 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. ITB#05-117-BM.doc 15 7 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. 8 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 known as the Right to Know Law.) 9 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. 10 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. 11 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. 12 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. 13 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 furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. 14 Environmental Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub -contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and incorporate into project design energy efficient fixtures, appliances and mechanical equipment. ITBA'05-117-SM.doc 16 Laboratory Analysis of Soil Samples — Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 05-117-BM TV. Contract Specifications The purpose of these specifications is to describe requirements for Soil Analyses to be performed on soil samples collected and composited by the City of Lubbock. Soil samples will be collected from the City of Lubbock Land Application Sites. The three major sampling events generally begin in March, September and December of each year. Corresponding (approximate) sample quantities are 150, 150 and 45 individual samples. The City will ship/deliver samples once sufficient quantities, approximately 50 samples, are collected. These dates and quantities are approximations only; they may or may not be reflective of actual samples collected and/or shipped. Preparation of soil samples must be in accordance with ASA, SSSA, NCR-13, USDA Handbook 60 and/or USDA NRCS Soil Survey Laboratory Investigations Report No. 42, Laboratory Methods Manual available at http.//soils.usda.gov/technical/hnm/ or equivalent. NOTE: The City does not grind or dry soil samples prior to shipment. The below -listed methods of analyses are required for bid items 1 through 11, respectively. Any request to use equivalent /alternative methods must be approved a minimum of five business days before the bid due date and time. Requests for approval must be submitted in accordance with paragraph 3.2 under Section 1. INSTRUCTIONS TO BIDDERS. 1. TKN — ASA #9, Chapter 31 / EPA 351.3 (Non -Mercury) / SSSA Chapter 37 2. NO3-N — ASA #9, Chapter 33 / EPA 353.2 / SSSA Chapter 38 / EPA 300.0 (SW-846 Method 9056) 3. NH4-N ASA #9, Chapter 33 / EPA 350.2 / SSSA Chapter 38 4. P — ASA #9, Chapter 24 / NCR-13, Chapter 6 / SSSA Chapter 32 5. K — ASA #9, Chapter 13 / NCR-13, Chapter 7 (ICP, SW 846 method 6010B) / SSSA Chapter 19 6. Na — ASA #9, Chapter 13 / NCR-13, Chapter 7 (ICP, SW 846 method 6010B) / SSSA Chapter 19 7. Mg — ASA #9, Chapter 14 / NCR-13, Chapter 7 (ICP, SW 846 method 601013) / SSSA Chapter 20 8. Ca -- ASA #9, Chapter 141 NCR-13, Chapter 7 (ICP, SW 846 method 601OB) I SSSA Chapter 20 9. SAR — ASA#9, Chapter 10 Soluble Salts (saturation extract) (ICP, SW 846 method 6010B) / USDA HB 60 Chapter 6 SAR calculation must be derived from water soluble salts results for Ca, Na, & Mg and must be reported individually in ppm, as well as the calculated SAR. 10. Conductivity — ASA #9, Chapter 10 (NOTE: you must use 2:1 volume/volume water/soil mixture) / SSSA Chapter 10 11. pH — EPA SW 846, 40 CFR 260.11. Method 9045 is appropriate. NOTE: NCR-13 is available from University of Missouri Extension Publication Service at 1-800-882-7216 and requesting SB 1001, Recommended Chemical Soil Test Procedures, at a cost of $6.00 (does not include shipping). It may also be accessed on-line, in downloadable PDF at: ht!p://muextension.missouri.edu/xplor/sRecialb/sb 1001.htm#eetpdf, SSSA (Soil Science Society of America, Inc). Book Series 5 Methods of Soil Analysis Part 3: Chemical Methods (1996) USDA Agriculture Handbook 60 www.ussl.ars.usda.gov/hb60fhb6Ohtm Quality Assurance and Quality Control (QA/QC) must be performed in accordance with Texas Commission on Environmental Quality (TCEQ) and EPA guidelines. It is also recommended that NCR- 13, Chapter 15 Laboratory Quality Assurance Program guidelines are incorporated into the labs QA/QC program. A copy of the Chain of Custody, furnished with each sample shipment, must be completed (signed annotation of date & time received) and returned to the City of Lubbock upon sample receipt. Results of individual shipments must be returned within three weeks after sample receipt. Results must be furnished in both hard copy and in an acceptable form of electronic media compatible with Microsoft Excel or Access. Acceptable ITB#05-117-BM.doc 17 media forms are 3.5 inch disk, CD-ROM, or downloadable from a secure website, The following are also required to be returned to the City of Lubbock with results: A. Copy of each analysis method used (you need provide only one hard copy of each method, unless method changes during subsequent analysis events) B, Annotation of method used for analyses C. Laboratory QA/QC D. Dates and Times of each analysis or analysis group E. A copy of the Chain of Custody(s) — see item 5 above F. Sodium Adsorption Ratio (SAR) results must show both analysis results and calculations Samples will be boxed and shipped/delivered to the contracted lab in one -quart Zip-Loc bags or equivalent. Quantities of approximately 50 each samples per shipment. The smallest shipped sample size is approximately '/2 pint (275 ml) of soil, weighing approximately 275 grams. All bidders must provide (as a required part of their bid) a list of references, including at least five cities, engineering companies, or the equivalent for which they have conducted soil analyses. Bidder must include a contact name, address, phone number, number of samples handled, and analyses performed for each reference. This information must clearly demonstrate the ability to handle the large number of samples and analyses listed herein, within the time frame specified in item five above. Bids that do not provide references specified in this paragraph will not be considered for award of contract. If any part of this bid is to be subcontracted, the required references, as stated above, must also be provided for the subcontractor. Contractor must advise the City of Lubbock of any laboratory anomalies as soon as possible. Any re -analysis, if required, will be processed at the Contractor's expense. Deviations from specifications will result in contract termination. For quality control purposes the City of Lubbock reserves the right to periodically send an undefined number of soil samples to another laboratory. Sample quantities would be reduced accordingly. IT8N05.117-8M.doc 18 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 rip or to date shown for receipt of bid to: Victor Kilman, Purchasing & Contract Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB # 05-117-BM 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 productJs 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) REMARKS: Company Name: Address: State: Contact Name: Title: Business Telephone Number F Internet Address: Company's Internet Web Page URL: ITU05-117-Wdoc 19 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. 1, 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: Midwest Laboratories Inc. Signature of Company Official: Date Printed name of company official signing above: Dr. JerQMV J . King ITB#05-117-BM.doc 20 City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Victor Kilman, Purchasing & Contract Manager City of Lubbock 1625 13'h Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected Local Business Name: Local Address (must be within the City limits): Address of the company's principal place of business within the United States: 1. How many residents of the City of Lubbock are employed at the above business location? 2. Year your business was established in the City of Lubbock; 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number. Company Name and Address (as it appears on permit): 4. Does your business have more than one office in the State of Texas? Yes No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was the local business required to pay business andlor real property tax for the most recent tax year? Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, fu'm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) year. Authorized Signature: Date: Printed Name and Title: ITB#05-117-BM.doc 21 CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY P_,r n rnif, ,J . kI in being first duly sworn, on his/her oath, says that the bid above sub ed 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. Midwest Laboratories NAME OF FIRM J / Co4itracts Officer TITLE Subscribed and sworn to before me this _1(41�' day of d 2hbe y- , 2005 4WA J M O Notary ublicinandforth6.State of Term residing at Ne,hrr�5ka-- 1 lClr►nrr� . � � GENERAL NOTARY - State of Nebraft LAURA M. HONEYCUTi My Comm. DO. May 3, 2007 NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL 1TTB#05-117-8M.doc 22 r\ Midwest %iof Laboratories. Inc. 13611 @ Street • Omaha, Nebraska 68144-3693 • (402) 334-7770 • FAX (402) 334-9121 • www.rnidwestlabs.com October 11, 2005 Victor Kilman, Purchasing & Contract Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, TX 79401 Dear Mr. Kilman, Enclosed, please find the response to the City of Lubbock (Invitation to Bid #05-117-BM). The information includes the original invitation bid and a copy as requested in the information package accompanying the bid. Midwest Laboratories, Inc. has been providing the service the past four years and has built up an extensive database and reporting format for the City of Lubbock. The pricing for the 2005 bid is identical to that provided in 2001. Midwest Laboratories, Inc. has been able to maintain these prices because of the database/electronic deliverable and the cooperation of Mr. Dorrance in the initial setup by providing paperwork and notification of anticipated sample deliveries. Hopefully, the combination of excellent Client Service, very competitive pricing, state of the art data deliverables and experience in providing these services, the City of Lubbock will select Midwest Laboratories, Inc. to continue providing the soil analytical services. Respectfully, Dr. erome Ki g, Cont cts Officer west Lab atones, Inc. mjs Enclosures Our reports and letters are for the exclusive and confidential use of our clients and may not be reproduced in whole or in part, nor may any reference be made to the work, the results, or the company in any advertising, news release, or other public announcements without obtaining our prior written authorization. J % Midwest \ of Laboratories, Inc'. 13611 B Street • Omaha, Nebraska 68144-3693 • (402) 334-7770 • FAX (402) 334-9121 • www.midwestiabs.com October 11, 2005 Experience City of Omaha, City of Lubbock City of Urbana, Mike Brunk Gordon Andersen (— 20 years) (under Carrie Dorrance) 706 South Glover Street 5600 South I O h Street P.O. Box 2000 Urbana, IL 61801 Omaha, NE 68107 Lubbock, TX 79457 217-384-2400 402-444-3908 806-775-3415 > 200 Samples Annually > 500 Samples Annually > 500 Samples Annually Crop -Tech Consulting Profit Trac Ken Ferric Aeric Younge 108 East Main St/PO Box 341 12 East Main St/PO Box 519 Heyworth, IL 61745 Dodge Center, MN 55927 309-473-3623 507-374-2326 > 20,000 Samples Annually > 30,000 Annually Midwest Laboratories, Inc. serves soil clients throughout the United States and has the capability of analyzing approximately 9,000 samples a day. The Laboratory utilizes standard procedures found in NCR-13, ASA (American Society of Agronomy) and EPA as needed. Midwest Laboratories, Inc. participates in a variety of Check Sample Programs, most notably the North America Proficiency Program directed by Dr. Robert Miller of Colorado State University. A copy of the current certification is enclosed. The Laboratory has access to a wide assortment of modem analytical equipment including six (6) ICPs and an extensive robotic system for analyses of phosphorus, pH, and organic matter. The Midwest web site (www.midwestlabs.com) is designed to provide security to the client and the data and allow data summaries and historical retention. Currently, the City of Lubbock does use the system. Our reports and letters are for the exclusive and confidential use of our clients and may not be reproduced in whole or in part, nor may any reference be made to the work, the results, or the company in any advertising, news release, or other public announcements without obtaining our prior written authorization. UF%.'q� e i *eae o Achievement This certifies that Midwest Laboratories, Inc. Omaha, NE was a participant in the 2004 North American Proficiency Testing Program IV, 0 Janice K"y-'A`11!11111macher Wah ltel&iiv! Ax- 0. Robert O. Miller ,�.��C �Iqrado �S lat&�,jk�iv�ersi Pr— DOCT 1 2005 3 5 5 PMw Insunoce FaxI0: Gram -Mayer lnsuranc To: Millie X. 11 I '62am P • 24 PM PaHQ: 2 of 3 MlowLAs-o1 0Sov ACORDro CERTIFICATE OF LIABILITY INSURANCE °"� 11tea' 5 PRODUCER (402) 387-SOSD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GraceJMayer Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1bOSb Regency Circle, IlI:i00 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Omaha. NE 68114-3722 INSURERS AFFORDING COVERAGE NAIL � IHsuRED Midwest Laboratories Inc INSINtERN Travelers ComAanles 13611 13 St INSURER 5 Omaha, NE 60144-3693 INSURER C iNS�R 0: INSURER E :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJEGTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICYNUMBEd POLIC►P"S POUCYEM'UZATION u A GENERAL. WaLMY X COMMERCIAL GENERAL LWEILrrY CLAIMS MAGS 0 OCCUR 005523806 W30/2005 6/30/2006 FACH OCCURRENCE s 1,000,0 PRIEMMES lea ocwr■nca i 100,Ofl hM. D03 { om pamm) T 5,00 PERSONAL L ADV INAMY f 1,000,00 GETFRAL/1GGREGA712 s 2,000,0 I3EM A WA; ELATE LIMIT APPLIES PER: POLICY 7 X LOC PRODUCTS . COMP/OP ACC 2,000,00 A AUrommmELd1BLTTY X ANY AUTO ALL avA4ED A rGS SCHEDULED ^906 H aRD AUTOS NOM CVVh= AUT06 81058520656 6/3012005 61301=06 COFMINEDSINI6LELIMrr (Ea aocldeflt) t 1,000,00 X QODILY LWURY (p- pmrs l X BODILY INJURY (Pqr exlOerlO t FIROPiEEMY DAMAX f GARAGE LIABILITY ANY AUM AUTO OMLY - EA ACCIDENT d OTHER T►4w EA ACC AUTO ONLY' AGO t 4 A MWESVLOMMIELLALMULRY X7 ocCm cLwsmAOH DEDucnaLE RETWION t UPU52BS68 613012DO5 813012006 EACHOCCURRENCE S 5,000,00 AGGREGATE 5,000,000 i i A WORKMCOWKNZATIONAM IwLOYM LIAR' " ANY PAOPRIET0RPA1TrNMMUZ0UnVE OfFICER/hE►+1BER EXCLUDED? I yes, tleealbr utter I'm SPECIAL R ISI below U B0523 B656 G13012005 6/3012006 X WCSTATII- Ur E L. FACH ACCIpEW S 500,00 E L. OISEABE - EA EMPLOYEE f 500,00( E.L. DISEASE -POLICY LIMIT it 600,00 MER DrACRPTION OF OPERATIONS I LOCATIONS I V94CLES f EXCLUIIONBADDED BY Ea1ORS949Y7I SPKLAL PROVISIONS f rl2TIFICATE I-InLOOR CAWr P1 I_ATIMKI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CMC@LLED BEFORE TM EIIPIRATION City of Lubbock, Texas 182513th St, Room 204 DATE THEREOF, YHE ISatMG NSUMR WLt ENDEAVORTo MAIL 19 -- GAYS WM7TEN Lubbock, TX 79401- NgME TO TMre CMMICAT6 HOLM NAMED TO THE LEFT, BUT FARIM TO 00 80 MOALL OW DSE NO OBLIGATION OR LMILrrY OF ANY KIND UPON THE INIUREA, rM AAENTO OR REPRESENTATTWO. AVrHOR091) REPRESENTATNE ACIDRD 25 (2001103) 4P ACORD CORPORATION 1590 From. DOCT, 13. 2005 3: 5 5 PWer Insurance FaxlO. Gmoe-Mayer Insuranc To. Millie 60, 117 62=0, 34 PM Page: 3 of 3 MIDWL.AB-01 OS00 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. 25 f20011081 OCT. 14. 2005 9 59A CERTIFICATE OF LIABILITY INSURANCE PRooueER 02)330-20 8 FAX (4023330-9561 1T}!18 CERTIFICATE IS ISSLIFE Peterson Bros. Insurance, Inc. 11640 Arbor Street, Suite 102 Omaha, NE 66144 3ohe Deardorff nrsumm Midwest L ratar� �c�s, 5c. Attn� Jahn De34er 13921 0 St OIIIaha. NL Gal" IPE NO. 1201 F. 2 A MATTER OF UPON TH8 CI S N07 AMEN[ INSURERS AFFORDING COVERACIE INsWIPR& Evanston .insurance co, IMRER It _ INSURER C; INSLIRGR o: - ___ INSUREII P.O2 nATAE "WAD "I , '11ND OR 3 HEL2K. - NAIC A COVZRAIGES T19 POLICIES OF INSURANCE LISTED BELDW HAVE BEEN ISSUED TO THE NauptlD NAMED ABOVE FOR THE POLICY PERIOD INOICATEO. NOTWITHSTANDING ANY REGUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TEAS CERTIFICATE MAY SE ISSUED OFt MAY PeRT AIN. THE INSURANCE AFFORDED 13Y 714E POLICIES OEFCRIBBD HEREIN IS SUBJECT TO ALL THE TE]ZMS, EXCLVSIONS ANO CONDITIONS OF SUCH POLIoIEs. ArarREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. I TYPECRINSURANCE VOLIGYNUGAAVA. P�it+:Y TNlE PWMIcn LIMITS GMERAL LMTLJ T C=RRFNM S OCMIMERGULL GENERAL UA9ILRY PRFjoAAM6SEY0 F.raTF. L3 GLAIMS MADE C] O=UR 1A1V VP W+r -e Pe^Ion) I" PERSONAL b AUV IIWURY I GENERAL POOF41CATG f GW'L AG"IdATE Umrr APPL CO P EEL FFIOOU=- Utw0IWP pAQ S POLICY MI'l IOC AUTOM011" uAOILITY COMB)NM SINOL F I rM11 ►W AUTO Me accident) — ALL OWNED AUTOS I MOULY uaAlHr E SreH90VLP.DA 5 GP+rParsam1 "RW AUTOS 6ODRViNAIRY i M094WNEUAVICS IP$raeatddno PROPERTY IIAMA0F 9 {Per acrWar4l CIAWC LIABILITY AUTO ONLY • CA ACMENT f ANY AUTO OTHER Td LAN FA A(,Y; S AUTO ONI Y A" i EAACf MRIMNW I A LIABILITY FACM 0CCV4RENCC f DS n CLAWS MADE OOM AGGRCGATF i s oEDUCMILE +< pt<fOMON s f WORXEMooMPCN6ATIONAND UATu Ia A9dIL/ new LU WLITY E L @ACM ACCQ]ENT s gV=E F TNBi/6XMn nrE MOCK DIC.IM E L. OI/EACE CA IMUM MM 9 NPELbtif_ PROVtIiI wpq 5 L DI/EW POLICY a tWT I OFCPL000255 02/14/2005 OZ/14/Z006 00 eac claim TV essional Liability �zO A , aggregate 525,000 deductible DHCRIPTICk OK OVERATICILS 1 LOCA71" f VF.N M" I OICLUMONSAOOM V L94O MD ENT I VC91AL FROVLALONs SHM ANY Or THE AYOVE MISCRmED P"1111i EN CANCELLED NOTArs THR NXIM&TIOM OETE TNNRECF, THE 155WHO INSURI M WALL ENDEAVOR 10 MAR. City of Lubbock, Texas 10DAY4 WRI Tf I OME TO THIS COTIFICATE MMER MAMXD TO ME UrT, 1825 13 th Street OUT FAVAR TO MAIL such NOME SMALL IM.O&E No OBUGATION on UARILITY Room 204 OP ANY KIMD UK* THE INSURER,174 AMEMTS wiAlustwarym Lubbock, TX 79401 ;uTwoBr� NEPIIESEYt+1TNtl John Deardorff ACORD 2S 12001106) 4nee 4CT, 14 2005 9.59, NO, 1201 P. 3 .r.r .r.+ Vw# M.2-Ar-' Ia 03 IMPORTANT If the certificate holder is an AUUITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require, an endorsement_ A statement on this cer0cate does not confer rights to the certlfleate holder in lieu of such endarsemerd(s), DISCLAIMER The Certificate of Insurance on the reverse side of this forty does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does fit affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25 (2001109)