HomeMy WebLinkAboutResolution - 2019-R0183 - Pace Analytical National - 05_28_2019Resolution No. 2019-RO183
Item No. 6.9
May 28, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Service Contract No. 14743 for Analysis of
Aqueous Samples as per ITB 18-14222-JM, by and between the City of Lubbock and Pace
Analytical National, of Mt. Juliet, Tennessee, 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 May 28, 2019 _
DAN1E1. M. POPE, MAYOR
ATTEST:
Reb ca Garza, City Secre ary
APPROVED AS TO CONTENT:
Jesica cEachern, Assistant City Manager
APPROVED AS TO FORM:
A Si s, &eptay Ci Atto ney
ccdocs/RES.ServiceContract 14743 — Analysis of Aqueous Samples
May 13, 2019
Resolution No. 2019-RO183
City of Lubbock, TX
Contract for
Analysis of Aqueous Samples
Contract 14743
THIS CONTRACT made and entered into this 2Sbday of May , 2019, by and between the
City of Lubbock ("City"), and Pace Analytical National, ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Analysis of Aqueous
Samples and bids were received and duly opened as required by law.
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 of Aqueous 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 general conditions and Contractor's bid, copies of which are attached
hereto and made part hereof, Contractor will deliver to the City, Analysis of Aqueous Samples
and more specifically referred to as Item (1) one through (7) seven 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.
The Contractor shall perform the work according to the procedures outlined in the Bid Form
General Conditions, and Specifications attached hereto. The contract shall be for a tern of one
year with the option of four, one year extensions said date of tenn beginning upon fonnal
approval. The City of Lubbock does not guarantee any specific amount of compensation, volume,
minimum, or maximum amount of services under this proposal and resulting contract. 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. This contract shall remain in effect until the
expiration date, performance of services ordered, or termination of by either party with a 30 day
written notice. 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.
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. The contract shall be for a tenn
of one year with four additional one year periods, said date of tern beginning upon formal
approval.
5. 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
detennined by actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and resulting
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. 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 in, or related to, this document, this provision shall
control.
8. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times, reserves
the right to audit Contractor's records and books relevant to all services provided to the City
under this Contract. In the event such an audit by the City reveals any errors or overpayments
by the City, Contractor shall refund the City the full amount of such overpayments within thirty
(30) days of such audit findings, or the City, at its option, reserves the right to deduct such
amounts owing the City from any payments due Contractor.
�. All fiends 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 non -appropriation 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 tennination 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 tennination.
10. The Contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent be
given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the
Subcontractor that complies with all contract Insurance requirements.
11. This Contract consists of the following documents set forth herein; Invitation to Bid No.
18-14222-JM, Specifications, and the Bid Forn.
12. Contractor acknowledges, by supplying any Goods or Services that the Contractor has read, fully
understands, and will be in full compliance with all terns and conditions and the descriptive
material contained herein and any additional associated documents and Amendments. The City
disclaims any terns and conditions provided by the Contractor unless agreed upon in writing by
the parties. In the event of conflict between these terns and conditions and any terns and
conditions provided by the Contractor, the teens and conditions provided herein shall prevail.
The terns and conditions provided herein are the final terns agreed upon by the parties, and any
prior conflicting terms shall be of no force or effect.
13. HB 89 - The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the
Texas Government Code by verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
14. SB 252 prohibits the City from entering into a contract with a vendor that is identified by. The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
Intentional Left Blank
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day
and year first above written. Executed in triplicate.
CITY OF LUBBOCK
Daniel M. Pope, Mayor
ATTEST:
Reb ca Garza, City Secret ry
APPROV D S TO CO TENT:
Mike Gilliland, Director of Public Utilities
APPROVED AS TO FORM:
Amy Sims,
CONTRACTOR
y
Authorizled Representatpinve I_ I
\ I �C►! e ( l
Print Name
120GS l._e Ivra now R J
Address
(y4-. ,��I�ef Ili 3-71 as
City, State, Zip Code
BID FORM
Analysis of Aqueous Samples
City of Lubbock, TX
ITS No. 18-14222-JVI
In compliance with the invitation to Bid 18-142224M. the undersigned Bidder having examined the Invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the folloyving Bid for furnishing the material,
equipment, laborand everything necessary for providing the items listed beloNti and agrees to deliver said items at the locations
and for the prices set forth on this form. A bid will be subject to being considered 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 arc obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The
levitation to Bid 18-14222-J.Nl 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
DDi yr-`
I-FE?-I
QTY
VIEASURE
DFSC•RIPTIO\
HID
COST
y
1.
7;
EA.
Texas Risk Reduction Pro'grann
S
S
Sampling (Appendix 1). per
methodofanalyses,
11-1.0.00
10, 220.00
5-10
2.
4
EA.
I exas Risk Reduction Program
S
S
Sampling (Appendix 11). per
method of atlalvscs.
6 2 5• 0 0,
2, 5 0 0.00
5— 10
14
EA.
40 CFR Part I ,d Sampling.
5
S
Total :&Ietals and listed
constituents.
140. C G
]_ , 960.00
5 -1
=1_
14
EA.
40 CFR Part I ,0 Sampling
S
S
Pesticides, PCBs, Herbicides.
690. 00
9, 6 6 0. 001
�.
8
1:A.
Storm+eater Sampling, Total
S
S
Iron and TSS
2 5. 00
200.00
5- 10
6.
4
EA.
Stormy+titer Sampling. Metals
S
S
v
110.00
440.00
ti-_G
7.
4
EA.
Metals Verification Re-
S
S
Sampling (VRS):Sin;le .\iztal
.Analvsk:
7 0 V 0
r,
80.00
5-10
Total Cost (items I-7)
S
23,060.00
`PtiILE: F.O.B. Destination, Freight Pre -Paid and .Allowed **Dn�s After Receipt of Order (ARO)
Unless otheryvise specified herein, the City may award the bid either item -by -item or on an all -or -none basis for any -
item or group of items shown on the bid.
The City of Lubbock is seeking a contract for analyses of Aqueous Samples with one or more contractors. In order
to assure adequate coverage, the City- may make multiple awards, selecting multiple vendors to provide the products
desired, if multiple awards are in the best interest of the City. 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.
PAY.ME\T TERNIS AND DISCOUNTS - Bidderoffers a prompt payment discount of 0 %. net30calendar days.
Discounts Mll not be considered in determining loin bid. Unless othenxise indicated on the Bid Form, payment terms v;ill
be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the r.ceipt of a correct invoice or
after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring pa}men: by the City
%-,ithin a stipulated number of days will be interpreted as apply ing %kithin the stipulated number of calendar days after the date
of receipt by the City ufa correct invoice or after the date of acceptance that meets contracr requirements, whichever event
occurs later. Discounts for payment in less than ten days will not be considered.
urcnasc S;kl Do,:,,H'R I8-14222-N, A.ial.tias oCAqueou5 9an�ples
)'LOST 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 prod tic ts.•'services of like quality and
quantity; and does not include any provision for discounts to selling agents. if at any time daring the contract period, the
supplier should sell or offer fir 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($) at the
lower price(s) on all deliveries made daring the period in which such lower pricc(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 order's in addition to orders from the Cite of Lltbbock. Should these other
governmental entities d,cide to participate in this contract, would you (the bidder) agree that all terms. conditions,
specifications. and pricing would apply?
Other governmental entities that might have interests in this contract are Friendship Independent School District,
Lubbock Housing authority, Lubbock County, Lubbock Countv Hospital District, Lubbock independent School
District, South Plains Association of Governments, City of Texarkana, Texas Tech Unix ersity', West Texas Municipal
Power Agency, Lynn Countv, and City of Wolfforth.
YES NO X-
• If you (the bidder) checked YES, the follouxing mill apply:
• Governmental entities utilizimz Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be
eligible, but not obligated, to purchase materials'services under the contract(s) awarded a, a result ofthis solicitation.
All purchases by _governmental entities other than the City of Lubbock will be billed directly to that governmental
entity and paid h% that governmental entity. City of I.uhbock will not be responsible tier another governmental
entity's debts. Each governmental entire will order their our materials service as needed.
THIS 131D IS SI.RMITTED BY J-�- Py=- - _!:=: *j.:!, - a corporation organized under the laws of the State of
_ - or a partnership consisting of' or individual trading as
of the C'it\, of
.Address: 1206'. �ebancr: !'oRd
City: ^a. jul_ez _Stale: Tr : Zip "_-- _
Bidder acknowledges receipt of the follo\xing addenda:
.addenda No. _ Date
.addenda No- � Uate
MAN 131: Firm: 11,'onlan Black .American Native American
Hispanic American .Asian Pacific Americi I Other (Speciti)
By z4e //?�.� PX i_ Date: ey s, 2,;, a
fwhl Led Reprust:w- rve - must si ;a La hand
Officer Name and Title: 3orn:nv i% X-:;c hill, Caerac_o:.s
Pleas' !'ri,rt
Business Telephone Number FA\:
1'u:clt �se'[3,J Uoc;:l l fi I �-! t?2_'•J:\l.:�na�;es o� :� �:xo::.; 1.::n,^.la,
i
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2019-492231
Pace Analytical National
Mt. Juliet, TN United States
Date Filed:
05/17/2019
2
Name of governmental entity or state agency that is a parry to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
05/20/2019
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
14743
Laboratory Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
City of Lubbock
Lubbock, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penally of perjury that the foregoing is true and correct,
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.391`8039c
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofi
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2019-492231
Pace Analytical National
Mt. Juliet, TN United States
Date Filed:
05/17/2019
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being flied.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
14743
Laboratory Services
4 Name of Interested Pe nY
City, State, Count lace of business
tYr Country (P )
Nature of interest
check applicable)
( pP )
Controlling
Intermediary
City of Lubbock
Lubbock, TX United States
X
5 Check only If there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address Is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Count;, State of on the day of , 20
(month) (year)
Signature of authorizeda4ent of c tracting business entity
([3bclarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.391`8039c