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HomeMy WebLinkAboutResolution - 2014-R0223 - Contract - Midwest Laboratories Inc.- Analysis Of Soil Samples - 06_26_2014RESOLUTION BE ]T RESOLVED BY THE CITY COUNCIL OFT E CITY OF LUBBOCK: THAT' the Mayor of the City of Lubbock is hereby authorized and directed to execute liar and on behalf of the City of Lubbock, Contract No. 11856 for analysis of soil samples, by and between the City of Lubbock and Midwest Laboratories, Inc., 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 on June 26, 2014 GLE ZC) 31 4TS0 MAYOR - TITST: becca Garza, City PPROVED AS TO CONTENT: �,)4ds Keith Smith, P.F.., Director of Public Works PPROVED AS TO FORM: y nm CityAttorney v:ccdoes/Rf-S.Coniract-Midwest Laboratories ay 21, 2014 Contract 11856 City of Lubbock, TX Contract for Analysis for Soil Samples THIS CONTRACT made and entered into this 26'h day of June,2014, by and between the City of Lubbock ("City"), and Midwest Laboratories, Inc., ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Analysis for 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 authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Analysis for 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 are attached hereto and made part hereof, Contractor will deliver to the City Other Clothing Supplies and more specifically referred to as Items 1-15 on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto and Insurance required in Exhibit A. The contract shall be for a term of one year, with the option of four, one year extensions, said date of term beginning upon formal approval. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. 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. 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. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision ill, or relined to, this document, tills provision shall control. �9. At any time during ilie term of the contract, or thereafter, the City, 0r tl duly authorized tIUdit represell€alive ortlic City or [lie State or Texas, at its expemw and at re�ISo]Vlble tinlcs, reserve, the right: to audif Contractor's records and honks relevant to all services provided to the City under this Confract. in the eveni such ,in audit by thu City reveals any errors or overpayments by file City, Con[rrclor sliall refund file City the full tlmount of such overpayments with ill thirty (30) days of sucli audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 9. Nan Appropriation.: All funcLs for payinem by the City under this contract are Subject to the aVail'ability of an allnual appropriation for this purpose by tlic City. In the event of non - appropriation of funcis by the City Council of the City of Lubbock for the goods or m-vitcs provided under the Contract, the City will terminate the contract, without termination charge ol. Other liability, on the East day of tile 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 ill ally time funds are not appropriated for tllc continuance of this contraa cancellation shall be rtecepted 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 elate of termination. 10. This Contract consists of the following documents set forth herein; Invitation to ITB 14- l 1,856- KS, Specifications, and the laid Form. IN WITNESS WHEREOF, the parties hcrcto have C'MISCd this Contract to be executed the ti,ty :and year first above written. Executed in triplicate. CITY OF L 130C Gl�X' 'b son. Mayor Ro AT 1i✓ST: Rebecca Garza, City gecreta CO A�OR By A thorized Representative Kell Pohlman Print Ncnlle 13611 B Street Address APPROVED AS TJQ CONTENT: Omaha, NE 68144 ACity, State, "Lip Code R. Keith Smith, P.E. Director of Public Works APPROVED AS TO FORM: Cllac abler, As ]stant Cit ttorney EXHIBIT A City of Lubbock, TX Purchasing & Contract Management ITB 14-11856-KS, Analysis for Soil Samples I[[ —INSURANCE COVERAGE REQUIRED 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 famish 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. 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 Contractoes sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following ana TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ To Include Products of Complete Operation Endorsements PROFESSIONAL LIABILITY 19 AUTOMOTIVE LIABILITY ❑ Any Auto ❑ Scheduled Autos ❑ Non -Owned Autos ❑ All Owned Autos ❑ Hired Autos COMBINED SINGLE LIMIT General Aggregate 1,000,000 Products-Comp/Op AGO X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate Aggregate 0 EXCESS LIABILITY ❑ Umbrella Form Each Occurrence Aggregate C :AGE LIABILITY Any Auto BUILDER'S RISK INSTALLATION FLOATER CARGO WORKERS COMPENSATION — STATUTORY AMOUNTS 'CUPATIONAL MEDICAL AND DISABILITY EMPLOYERS' LIABILITY Auto Only - Each Accident Other than Auto Only: Each Accident Aggregate ❑ 100% of the Total Contract Price ❑ 100% of the Total Material Costs OTHER: COPIES OF £NDOSEMENTS ARE REQUIRED ® City ojLubbock named as additional insured on Auto/General Liability on a primary and non-contributory bases. ® To include products ojeompleted operations endorsement. ® Waiver ojsubrogation in favor ojthe City ojLubbock on all coverages, except Page 1 of 2 EXHIBIT A IMPORTANT: POLICY ENDORSEMENTS The Contractor will provide copies of the policies without expense, to the City 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. Any costs will be paid by the Contractor. 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 proiect name or bid number for which the insurance Is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 13`s Street, Room 204 Lubbock, Texas 74401 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. Page 2 of 2 City of Lubbock, "TX BID FORtNI Analysis for Soil Samples In compliance with the Invitation to Did 14-11856-KS. the undersigned Bidder having c-amined the Invitation to Bid and Specifications, and being familiar with the conditions to be met. hereby submits the following Did for furnishing the material. equipment. labor and everything necessary for providing the items listed below and agrees to deliver said items at the locutions and for the prices set forth on this form. A bid will be subject to being considertA irregular and may be rejected if it shows omissions. alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Did 14-11856-KS is by reference incorporated in this contract. The Bid Form must be completed in blue or black Ink or by typewriter. UNIT OF UNIT PRICE* EXTENDED Delivery Days ITEM QT Y MEASURE DESCRIPTION DID COST .. 1. 345 Each Analyze soil for TKN (ppm). as S S specified herein. 9.05 3,122.25 4 2. 345 Each Analyze soil for Nitrate- S S Nitrogen (ppm) Extractable, as specified herein. 4.65 1,604.25 4_ 3. 345 Each Analyze soil for Ammonium- S S } Nitrogen (ppm) Extractable, as 4,95 1,707.75 4 srwciricd herein. 4. 345 Each Analyze soil for Plant S S available: Phosphorus (ppm) Extractable, as specified herein. 5. 345 Each Analyze soil for Potassium S (ppm) Extractable, as specified herein. 6. 345 Each Analyze soil for Sodium (ppm) S I S Extractable, as specified herein. 6.00 2.070.00 4 7. 345 Each Analyze soil for Magnesium S S (ppm) Extractable, as specified herein. S. 345 Each Analyze soil for Calcium S (ppm) Extractable, as specified herein. 9. 345 Each Analyze soil (saturation paste) S S for Sodium Adsorption Ratio 15.00 5175.00 4 (SAR), as specified herein. ' 10. 345 Each Analyze soil for EC (uS/cm), as S S specified herein. 4.05 1.397.25 4 If. 345 Each Analyze soil Water Ph S S (standard Units), as specified 4.05 1,397.25 4 herein. 12. 345 Each Analyze forage samples for S S moisture, crude protein. CA, P, K. Mg. NA and nitrate - 30.00 10,350.00 4 nitrogen, ass reified herein Page 3 of 29 STurchuejOid DmVriD 14-11SS6.KS Anillsis fur Sail Simpkx 13. 345 Each Water-soluble: Sodium, S S Calcium, and Magnesium: Coveted By Obtained from SAR Water Item #9 4 saturated paste extract, as specified herein. 14. 345 Each SAR, as specified herein SCovered By S Item #9 4 15. 10D Each Estimated shipping cost per S S box, as specified herein. 10.00 1,000.00 N/A Total Cost (Items i-15) S L. 27,823.75 'PRICE: F.O.D. Destination, Freight Pre-Pald and Allowed "Days After Receipt orOrder (ARO) Unless othenvlse specified herein, the City may award the bid either Item-by—Itent or on an all -or -none basis for any Item or group of Items shown on the bid. PNYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of °�o, net —calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET TI IiRTY DAYS. The City will pay the successful bidder within thirty Joys alter the receipt of a correct invoice or alter 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 ulcer the date of receipt by the City of a correct invoice or alter the date of acceptance that meets contract requirements, tchichcver 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 clement of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/serviccs 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 fur 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(&) on all deliveries made during the period in which such lower price(s) is effective, iNTERLOCAL PURCIIASING (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 fur by the Inlerlocal 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 pnnicipatc in this contract, would you (the bidder) ngree that all leans, conditions, specifications, and pricing would apply? Other governmental entitles that Wright have interests In this contract are Frensltip independent School District, Lubbock housing Authority, Lubbock County, Lubbock County Ilospital District, Lubbock independent School District, South Plains Association or Governments, City or Texarkana, Texas 'rech University. West 'rexas Municipal Power Agency, Lynn County, and City of Wolfforth. YES_ NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing iaterlocal Agreements fur Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated. to purchase materials/scrviccs under the contract(s) awnrdcd 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 govcmnicntal entity. City of Lubbock will not he responsible fur another govemnicnial entity's debts. Each governmental entity will order their own materials/service as needed. Page 4 of 29 SIweloasavnid Ducs/CtD 14-I1856-KS Analysis rut Soil Samples THIS DID IS SUBIMITTED BY Midwest Laboratories. Inc. a corporation organized under the I.tw% of the State of Nebraska , or a partnership consisting of or individual trading as of the City of Omaha Firm: Midwest Laboratories. Inc. Address: _13611 13 Street City:!QM a State: NE Zip 6i1144 Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date ��IMBE Firm; Woman Black American Native American llis anic American I I Asian Pacific Amcric Other S coif ) Officer Name and Title: Ken Pohlman— President Please Print Business Telephone Number (402) 334-7770 FAX: 02) 334-9121 E-mail Address: ohlman midwestlabs,com FOR CITY USE ONLY Did Form Item Number(s) Awarded to Above Numed Firnnllndividual: Datc of Award by City Council (for birfr over S30.000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED IIID FORM ALONG wuni CITY OF LUBBOCK SPECIFicxnONS. Page 5 of 29 STurchav✓Aid Dacwrra 11.1 11456-KS Analysis rorSod Simpk4 CITY OF LUBBOCK, TX ITB 14-11856-KS Analysis for Soil Samples Specifications The purpose of these specifications is to describe requirements for soil analyses to be performed on soil and forage samples collected and composited by the City. Soil samples will be collected from the Lubbock Land Application Site and the Hancock Land Application Site. There are two major soil sampling events per year. Samples are generally sent in groups (or batches) of approximately 12 to 15 samples. Forage samples are collected throughout the year and shipped in groups of one to five samples. These dates and quantities are approximations only; they may or may not be reflective of actual samples collected and/or shipped. The laboratory must be accredited by the Texas Laboratory Accreditation Program (TLAP), methods, and parameters of analysis. 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, httn://.roils.usda.pov/techniral4mm/ or equivalent. Forage samples will be prepared and analyzed in accordance with ASA, CSA, USDA, or equivalent methods. NOTE: The City does not grind or dry soil and plant samples prior to shipment. The below -listed methods of analyses are required for bid items 1 through 15, respectively. Any request to use equivalent /alternative methods must be approved. Request for approval must be submitted in accordance with paragraph 3.2 under Section I. INSTRUCTIONS TO BIDDERS. I . Analyze soil for TKN (ppm), determined by Kjedahl digestion or an equivalent accepted procedure (Non -Mercury). Total Nitrogen = TKN + nitrate —nitrogen (same as, organic -nitrogen+ ammonium - nitrogen + nitrate -nitrogen) Nutritive parameters should be analyzed in extractable or available form. Digested with sulfuric Acid for 1.5 hours at 420 degrees C. It is then distilled into a Boric Acid receiving solution and titrated. 2. Analyze soil for Nitrate -Nitrogen (ppm) Extractable. From a 1 N KCL soil extract. Mg/kg (dry weight basis) Cadmium reduction followed by colorimetric analysis on a segmented flow automated system. The nitrate is extracted using 2 normal potassium chloride extracts on a 5:1 KCI:soil ratio. 3. Analyze soil for Ammonium -Nitrogen (ppm) Extractable. The ammonia is extracted using 2 normal potassium chloride extracts on a 5:1 KCI:soil ratio. Ammonia -nitrogen is analyzed using a colorimetric analysis on a discrete automated system. 4. Analyze soil for Plant available: Phosphorus (ppm) Extractable Mehlich III with inductively coupled plasma 5. Analyze soil for Potassium (ppm) Extractable Mehlich III with inductively coupled plasma 6. Analyze soil for Sodium (ppm) Extractable Mehlich III with inductively coupled plasma 7. Analyze soil for Magnesium (ppm) Extractable Mehlich III with inductively coupled plasma 8. Analyze soil for Calcium (ppm) Extractable Mehlich III with inductively coupled plasma . 9. Analyze soil (saturation paste) for Sodium Adsorption Ratio (SAR) Page 1 of 6 10. Analyze soil for EC (uS/cm); Electrical Conductivity (EC) determine from extract of 2:1 (v/v) water/soil mixture. Obtained from SAR water saturated paste extract. dS/m(same as mmho/cm) 11. Analyze Soil Water pH (Standard Units), Analyzed by the electrometric method in "Test methods for Evaluating Solid Waste, EPA SW 846,40 CFR 260.11. Method 9045 is appropriate for determining pH. Soil pH method must use 2:1 (v/v) water to soil mixture. 12. Analyze forage samples for moisture, crude protein, Ca, P, K, Mg, Na, and nitrate -nitrogen 13. Water-soluble: Sodium, Calcium, and Magnesium: Obtained from SAR water saturated paste extract. Reported in mg/L. 14. SAR = Na ICu+MR Express concentrations of Na, Ca, and Mg in the water saturated paste extract in milliequivalents/liter (meq/L) to calculate the SAR. The SAR value is unitless. 15. Estimated shipping cost per box, as delivered from the COL to the lab (UPS ARS for example), each box weighs less than 50 pounds. Box size is I' x I' x 1' or less. Each shipping box size is one cubic foot or less. All Shipping containers to be returned to the Southeast Water Reclamation Plant, 3606 Guava Avenue, Lubbock, TX 79403. Analysis results returned in 30 (thirty) days to Sampling and Monitoring Department. 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: htto://mttextension.missotiri,edulxlllor/si2eci.ilb/sb 1001.htm#0tpdf. SSSA (Soil Science Society of America, Inc). Book Series 5 Methods of Soil Analysis Part 3: Chemical Methods (1996) USDA Agriculture Handbook 60 http://www.ars.usda.aov/Dwa/riverside/ussi 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 with an annotation of date & time received) and returned to Craig Henderson, Wastewater Treatment, PO Box 2000, Lubbock, TX, 79457 within 30 days of sample receipt. An electronic copy of the signed Chain of Custody is preferable, i.e., a scanned copy sent by e-mail. 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 media forms are 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 Page 2 of 6 Samples will be shipped in coolers to the contracted lab in one -quart zip -top bags or equivalent. Coolers must be returned to Sampling and Monitoring, Southeast Water Reclamation Plant, 3603 Guava Avenue Lubbock, TX, 79404 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 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 reserves the right to periodically send an undefined number of soil samples to another laboratory. For quality control purposes the City reserves the right to periodically send an undefined number of unknown soil samples to your laboratory. Sample quantities would be reduced accordingly. Page 3of6