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HomeMy WebLinkAboutResolution - 2004-R0447 - Contract For Laboratory Analysis For Soil Samples - Servitech, Inc. - 09_16_2004 (4)Resolution No. 2004-RO447 September 16, 2004 Item No. 46 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 -annual pricing, by and between the City of Lubbock and Servi- Tech, Inc. of Dodge City, Kansas, 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 16th day of SeptezVr 2004. MAYOR ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: Vfitm_ Victor Kilm , Purchasing Manager APPROVED AS TO FORM: , Attorney o gs/ccdocs/res-Contract-Servi-Tech,Inc. Aug. 26, 2004 CITY OF LUBBOCK CONTRACT FOR SERVICES Laboratory Analysis of Soil Samples -Annual Pricing Bid No. 063-04/BM Resolution No. 2004-R0447 September 16, 2004 Item No. 46 THIS AGREEMENT, entered into this 16th day of September 2004, between the City of Lubbock ("City"), and Servi-Tech, Inc., ("Contractor'). P.rl>tl J;4-7�#liN The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: I. Compensation. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. II. Scope of Work. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. III. Contract Term: The period of this contract shall be for a period of one year beginning September 16, 2004, and thereafter for two additional one-year periods upon the mutual written consent of both parties provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel. Prices shall remain firm for the entire life of the contract, including any extensions thereof, unless an exception is stated in the bid. IV. Relationship between City and Contractor. 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. V. Workers' Compensation and Insurance. Professional Liability Insurance: The contractor shall obtain and maintain in full force and effect during the term of the contract, Professional liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of B or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Professional Liability: General Aggregate Limit: $300,000 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. 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. VI. Successors And Assigns: 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. VII. Entire Contract This Contract consists of the following documents set forth herein; Invitation to Bid #063-04/BM, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. Executed in triplicate. CITY OF McDouga APPROVED AS TO CONTENT: Carrie Dorrance, Sampling Et Monitoring, Environmental Compliance Specialist APPROVED ASAttt1TO FORM: me Y CONTRACTOR BY Authorize Rep sentative - cUI Te-c-Is ,Tint Address , l- S -7A3 ATTEST: '04 L,, , )�� Reb cca Garza, City Secretary ITB#063-04IBM, Laboratory Analysis of Soil Samples -Annual Pricing SUBMIT TO: gCITY OF LUBBOCK CITY OF LUBBOCK TEXAS PURCHASING DEPARTMENTift 1625 13T" STREET, RM L04 LUBBOCK, TX 79401-3830 AN EQUAL OPPORTUNITY INVITATION TO BID CONTACT PERSON: Bruce MacNair EMPLOYER #063-04/BM TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Laboratory Analysis of Soil Samples -Annual Pricing May 11, 2004, 0 1.00 P.M. CDT PRE BID DATE, TIME AND LOCATION: April 27, 2004 @ 9:00 A.M, in the Any bids received after the time and dote listed Municipal Building, Training Conference Room L01, 1625 131' Street, above, regardless of the made of delivery, shall be Lubbock, Texas returned unopened. RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB Servi -Tech Inc. NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN 1816 E. Wyatt Earp Blvd. THE "STATEMENT OF NO BID". CITY - STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY Dodge City, KS 67801 AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS, FURTHER, THE CITY RESERVES THE RIGHT TO TELEPHONE N0: ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE (620 122 7-7123 CITY, IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: (620) 227-2047 REQUEST PERMITS COMPETITIVE BIDS. IT 15 THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, E-MAIL: steveh@servi-techinc.com INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER 48-0823938 THAN FIVE 5 BUSINESS DAYS PRIOR TO THE ABOVE SUBMrITAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #1 #2- #3 #4 #5 (Please Initial) 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 sate to the City of any supplies, equipment, material or articles purchased. 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 materiats, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sett, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discre on, such assignment shall be made and become effective at the time the City tenders final payment to the vendor - Laboratory Manager Authorized Signature Title Steve Harrold Print/Type Name ITB#063-04/BM.doc May 10, 2004 Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB #063-04/BM, Addendum #2 *** REVISED *** BID FORM Laboratory Analysis of Soil Samples -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #063-04/BM In compliance with the Invitation to Bid #063-04/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 form. The Invitation to Bid #063-04/BM 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 ITEM QTY MEASURE DESCRIPTION BID Cost Days a. b. C. d. e. f - b x e ARO** 345 Analyze soil for TKN (ppm), determined by Kjedahl See #1 of 1. (More EA digestion or an equivalent accepted procedure (Non- $ 6.50 $ 2,242.50 Attachment or less) Mercu 345 See #1 of 2. (More EA Analyze soil for Nitrate -Nitrogen (ppm) Extractable $ 3.10 $ 1,069.50 Attachment or less) 345 See #1 of 3. (More EA Analyze soil for Ammonium -Nitrogen (ppm) Extractable $ 5.80 $ 2,001.00 Attachment or less) 345 See #1 of 4. (More EA Analyze soil for Phosphorus (ppm) Extractable $ 3.10 $ 1,069.50 Attachment or less) 345 See #1 of 5. (More EA Analyze soil for Potassium (ppm) Extractable $ 1.00 $ 345.00 Attachment or less) 345 See #1 of 6. (More EA Analyze soil for Sodium (ppm) Extractable $ 1.00 $ 345.00 Attachment or less 345 See #1 of 7. (More EA Analyze soil for Magnesium (ppm) Extractable $ 1.00 $ 345.00 Attachment or less 345 See #1 of B. (More EA Analyze soil for Calcium (ppm) Extractable $ 1.00 $ 345,00 Attachment or less) 9. 345 (More EA Analyze soil (saturation paste) for $ 6.90 $ 2,380.50 Attachment Sodium Adsorption Ratio (SAR) or less) 345 Analyze soil for EC (uS/cm); See #1 of 10. (More EA Electrical Conductivity (EC) determine from extract of 2:1 $ 1.50 $ 517.50 Attachment or less) v/v water/soil mixture. Analyze Soil Water pH (Standard Units), See #1 of 11. 345 (More EA Analyzed by the electrometric method in 'Test methods $ 1.50 $ 517.50 Attachment for Evaluating Solid Waste, EPA SW 846, 40 CFR 260.11. or less) Method 9045 is appropriate for determining H. Estimated shipping cost per box, as delivered from the See #2 of 12. 12 (More BOX COL to the lab (UPS ARS for example), each box weighs $ 10.00 $ 120.00 Attachment less than 50 pounds. Box size is 1' x 1' x 1' or less. Each or less) shipping box size is one cubic foot or less. TOTAL BID: ITEMS 1 through 12 (ALL OR NONE): $ 11,298.00 PAYMENT TERMS AND DISCOUNTS . Bidder offers a prompt payment discount of 9K, 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 after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. ITB#063-04/BMAd2 4 ITB #063-041BM, Addendum #2 INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other govemmental 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 Wotfforth. YES X NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY Servi-Tech Inc a corporation organized under the laws of the State of Kansas , or a partnership consisting of or an individual trading as of the City of Firm: Servi-Tech Inc. Address: 1816 E. Wyatt Earp Blvd. City: Dodge City State: KS Zip 67801 M/WBE Firm: Woman T Black American Native American Hispanic American I Asian Pacific American Other (Specify) (o- 2w Authorized Representative - must sign by hand Officer Name and Title: Steve Harrold, Laboratory Manager Please Print Business Telephone Number (620)227-7123 FAX: (620)227-2047 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB#063-04/BMAd2 5 Servi-Tech Laboratories 1816 E. Wyatt Earp • PO Sox 1397 - Dodge City, KS 67801 www.servitechiabs.com Revised Bid Form — Attachment ITB #063-04/BM Phone: 620.227.7123 800.55 7.7509 Fax: 620.221 .2047 1. Delivery of laboratory results will be provided by e-mail on the following schedule: a. If less than 50 soil samples are received on a given day, results will be provided within 10 working days. b. If 51 —150 soil samples are received on a given day, results will be provided within 20 working days. c. If 151 — 345 soil samples are received on a given day, results will be provided within 30 working days. 2. Shipping labels for UPS-ARS will be provided for use on each separate box. Cost will be $10.00 per box. CITY OF LUBBOCK CONTRACT FOR SERVICES Laboratory Analysis of Soil Samples -Annual Pricing Bid No. 063-04/BM Resolution No. 2004-R0447 September 16, 2004 Item No. 46 THIS AGREEMENT, entered into this 16th day of September 2004, between the City of Lubbock ("City"), and Servi-Tech, Inc., ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Compensation. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. II. Scope of Work. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. III. Contract Term: The period of this contract shall be for a period of one year beginning September 16, 2004, and thereafter for two additional one-year periods upon the mutual written consent of both parties provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel. Prices shall remain firm for the entire life of the contract, including any extensions thereof, unless an exception is stated in the bid. IV. Relationship between City and Contractor. 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. V. Workers' Compensation and Insurance. Professional Liability Insurance: The contractor shall obtain and maintain in full force and effect during the term of the contract, Professional liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of B or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: No Text Professional Liability: General Aggregate Limit: $300,000 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. 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. VI. Successors And Assigns: 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. VII. Entire Contract This Contract consists of the following documents set forth herein; Invitation to Bid #063-04/BM, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. Executed in triplicate. CITY OF LU I APPROVED AS TO CONTENT: Carrie Dorrance, Sampling Et Monitoring, Environmental Compliance Specialist APPROVED• •• !�ney �r� CONTRACTOR BY Authorize *R-ep sentative 'Se Ct;11`1e_C-► • i —A-, Address ATTEST: Dp- Y�, Reblecca Garza, City Secretary No Text ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing SUBMIT TO: Y CITY OF LUBBOCK CITY OF LUBBOCK TEXAS PURCHASING DEPARTMENT 1625 13T'" STREET, RM L04 LUBBOCK, TX 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Bruce MaCNair EMPLOYER #063-04/BM TEL: 806.775.2167 FAX:806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Laboratory Analysis of Soil Samples -Annual Pricing May 11, 2004, @ 1:00 P.M. CDT PRE BID DATE, TIME AND LOCATION: April 27, 2004 @ 9:00 A.M, in the Any bids received after the time and date listed Municipal Building, Training Conference Room L01, 1625 131h Street, above, regardless of the mode of delivery, shall be Lubbock, Texas returned unopened. RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB Servi -Tech Inc. NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN 1816 E. Wyatt Earp Blvd. THE "STATEMENT OF NO BID". CITY - STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY Dodge City, KS 67801 AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS, FURTHER, THE CITY RESERVES THE RIGHT TO TELEPHONE NO: ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE (620 1 22 7-7123 CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: 1620) 227-2047 REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, E-MAIL: steveh@servi-techinc.com INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN FEDERAL TAX ID N0. OR SOCIAL SECURITY N0. WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER 48-082 3938 THAN FIVE 5 BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #1 #2(;� #3 r 41 #5 (Please Initial) 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 purchased. 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 further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's disla/ , such assignment shall be made and become effective at the time the City tenders final payment to the vendor. a Laboratory Manaoer Authorized Signature Title Steve Harrold Print/Type Name ITB#063.04/BM.doc May 10,_2004 Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB #063-04/13M, Addendum #2 *** REVISED *** BID FORM Laboratory Analysis of Soil Samples -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #063-04/BM In compliance with the Invitation to Bid #063-04/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 form. The Invitation to Bid #063-04/BM 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 ITEM QTY MEASURE DESCRIPTION BID Cost Days a. b. C. d. e. f = b x e ARO** 345 Analyze soil for TKN (ppm), determined by KjedahL See #1 of 1. (More EA digestion or an equivalent accepted procedure (Non- $ 6.50 $ 2,242.50 Attachment or less) Mercury). 345 See #1 of 2. (More EA Analyze soil for Nitrate -Nitrogen (ppm) Extractable $ 3.10 $ 1,069.50 Attachment or less) 345 See #1 of 3. (More EA Analyze soil for Ammonium -Nitrogen (ppm) Extractable $ 5.80 $ 2,001.00 Attachment or less) 345 See #1 of 4. (More EA Analyze soil for Phosphorus (ppm) Extractable $ 3.10 $ 1,069.50 Attachment or less) 345 See #1 of 5. (More EA Analyze soil for Potassium (ppm) Extractable $ 1.00 $ 345.00 Attachment or less) 345 See #1 of 6. (More EA Analyze soil for Sodium (ppm) Extractable $ 1.00 $ 345.00 Attachment or less) 345 See #1 of 7. (More EA Analyze soil for Magnesium (ppm) Extractable $ 1.00 $ 345.00 Attachment or less) 345 See #1 of 8. (More EA Analyze soil for Calcium (ppm) Extractable $ 1.00 $ 345.00 Attachment or less) 9. 345 (More EA Analyze soil (saturation paste) for $ 6.90 $ 2,380.50 See #1 of Attachment or less) Sodium Adsorption Ratio (SAR) 345 Analyze soil for EC (uS/cm); See #1 of 10. (More EA Electrical Conductivity (EC) determine from extract of 2:1 $ 1.50 $ 517.50 Attachment or less) (v/v) water/soil mixture. Analyze Soil Water pH (Standard Units), See #1 of 11. 345 (More EA Analyzed by the electrometric method in 'Test methods $ 1.50 $ 517.50 Attachment or less) for Evaluating Solid Waste, EPA SW 846, 40 CFR 260.11. Method 9045 is appropriate for determining H. Estimated shipping cost per box, as delivered from the See #2 of 12. 12 (More BOX COL to the lab (UPS ARS for example), each box weighs $ 10.00 $ 120.00 Attachment or less) less than 50 pounds. Box size is 1' x 1' x 1' or less. Each shipping box size is one cubic foot or less. TOTAL BID: ITEMS 1 through 12 (ALL OR NONE): $ 11,298.00 PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, 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 after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. ITB#063-04/BMAd2 4 ITB #063-04/BM, Addendum #2 INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests In this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES X NO • if you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY Servi-Tech Inc a corporation organized under the laws of the State of Kansas , or a partnership consisting of or an individual trading as Firm: Servi-Tech Inc. Address: 1816 E. Wyatt Earp Blvd. of the City of City: Dodge City State: KS Zip 67801 M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) By Authorized Representative - must sign by hand Officer Name and Title: Steve Harrold, Laboratory Manager Please Print 5- ( D - 2Uo' Business Telephone Number (620)227.7123 FAX:_ (620)227-2D47 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB#063-04/BMAd2 Phone: 620.227.7123 800,557.7509 Servi-Tech Laboratories Fax: 620.227.2047 1816 E. Wyatt Earp - PO Box 1397 - Dodge City, KS 67801 www.servitechiabs.com Revised Bid Form — Attachment ITB #063-04/BM Delivery of laboratory results will be provided by e-mail on the following schedule: a. If less than 50 soil samples are received on a given day, results will be provided within 10 working days. b. If 51 —150 soil samples are received on a given day, results will be provided within 20 working days. c. If 151 — 345 soil samples are received on a given day, results will be provided within 30 working days. 2. Shipping labels for UPS-ARS will be provided for use on each separate box. Cost will be $10.00 per box. ITB #063-04/BM, Addendum #2 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM #2 ITB #063-04/BM Laboratory Analysis of Soil Samples - Annual Pricing May 3, 2004 May 11, 2004 @ 1:00 P.M. CDT The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidders must submit the REVISED BID FORM, attached. 2. Please note the following correction to Addendum #1, Item 2., C., a., 10, CHANGE to read SSSA Chapter 14. 3. On the """ REVISED """ BID FORM, items #2 through #8, the term Available is DELETED. 4. Bidder's attention is invited to the following questions and responses: QUESTION: Where the bid states available is that the same as total? Also, for the extractable, does the City require water extractions or soil paste extractions? ANSWER: Methods listed in referenced documents NCR-13, ASA and/or SSSA define extraction. Please refer to methods in SPECIFICATIONS on Page 17, paragraph 2, those listed in Addendum #1, or herein listed below (in the next answer). QUESTION: Request approval of the following EPA methods to use as alternative to the ICP methods: All of them belong to EPA-600 4-79-020 Element Method Number Potassium K 258.1 Sodium Na 273.1 Magnesium Mg 242.1 Calcium Ca 215.1 ANSWER: NCR-1 3, ASA and /or SSSA define equipment including Atomic Absorption Specrophotometry (AAS). The City prefers AAS EPA Methods in the 7000 series (these closely reference those listed in the above question): 7140 for Ca 7450 for Mg 7610 for K 7770 for Na ITB#063-04/BMAd2 ITB #063-04/BM, Addendum #2 QUESTION: May we use the below -listed soil methods? *Methods used on soil testing pH - 12-2.65 (E.D. McLean, Ohio State University) Potassium, Magnesium, Calcium - Methods of soil analysis part 2. Agronomy Monogr. 9.2nd ed. ASA and SSSA, Madison, WI Phosphorus - Methods of soil analysis part 2. Agronomy Monogr. 9.2nd ed. ASA and SSSA, Madison, WI Organic Matter - Methods of soil analysis part 2. Agronomy Monogr. 9.2nd ed. ASA and SSSA, Madison, WI *Source: Methods of Soil Analysis Agronomy Book No. 9, Part 2 ANSWER: Methods listed above are already listed in SPECIFICATIONS, page 17, item 2 ASA #9, please see appropriate chapter as listed. QUESTION: May we substitute EPA Methods or an ASTM Method in place of the SSSA Methods cited? We would like to use EPA 351.3 for TKN, for the metals we would like to use EPA 200.7, for the Ammonia, Nitrogen we would propose EPA 350.2, and for the Conductivity, we would like to use ASTM1429. ANSWER: 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://soiis.usda.gov/technical/lmm/ or equivalent. NOTE: The City does not grind or dry soil samples prior to shipment. Following the preparation of soils you must use appropriate equipment method of analysis. Please refer to SPECIFICATIONS, page 17, item 2.: TKN 351.3, NH4-N 350.2. For minerals (K, Na, Ca, and Mg) the ICP procedure is listed as SW 846 method 60108. For Conductivity the method ASTM1429 (specific gravity/density) is not acceptable, recommend SW 846 9010A available on line at http://www.epa.Rov/epaoswer/hazwaste/test/sw846.htm . All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair@mylubbock.us . THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer ITB#063-04/8MAd2 2 ITB #063-04/BM, Addendum #2 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#063-04/BMAd2 3 ITB #063-04/BM, Addendum #2 *** REVISED *** BID FORM Laboratory Analysis of Soil Samples -Annual Pricing CITY OF LUBBOCK, TEXAS lTB #063-04/BM In compliance with the Invitation to Bid #063-04/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 form. The Invitation to Bid #063-04/BM 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 ITEM QTY MEASURE DESCRIPTION BID Cost Days a. b. C. d. e. f = b x e ARO** 345 Analyze soil for TKN (ppm), determined by Kjedahl 1. (More EA digestion or an equivalent accepted procedure (Non- $ $ or less) Mercury). 345 2. (More EA Analyze soil for Nitrate -Nitrogen (ppm) Extractable $ $ or less) 345 3. (More EA Analyze soil for Ammonium -Nitrogen (ppm) Extractable $ $ or less) 345 4. (More EA Analyze soil for Phosphorus (ppm) Extractable $ $ or less) 345 5. (More EA Analyze soil for Potassium (ppm) Extractable $ $ or less) 345 6. (More EA Analyze soil for Sodium (ppm) Extractable $ $ or less) 345 7. (More EA Analyze soil for Magnesium (ppm) Extractable $ $ or less) 345 8. (More EA Analyze soil for Calcium (ppm) Extractable $ $ or less) 9. 345 (More EA Analyze soil (saturation paste) for $ $ or less) Sodium Adsorption Ratio (SAR) 345 Analyze soil for EC (uS/cm); 10. (More EA Electrical Conductivity (EC) determine from extract of 2:1 $ $ or less) (v/v) water/soil mixture. 345 Analyze Soil Water pH (Standard Units), 11. (More EA Analyzed by the electrometric method in 'Test methods $ $ or less) for Evaluating Solid Waste, EPA SW 846, 40 CFR 260.11. Method 9045 is appropriate for determining H. 12 Estimated shipping cost per box, as delivered from the 12. (More BOX COL to the lab (UPS ARS for example), each box weighs $ $ or less) less than 50 pounds. Box size is V x V x V or less. Each shipping box size is one cubic foot or less. TOTAL BID: ITEMS 1 through 12 (ALL OR NONE): $ PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, 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 after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. ITB#063-04/BMAd2 4 ITB #063-04/BM, Addendum #2 INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of , or a partnership consisting of or an individual trading as Firm of the City of Address: City: State: Zip M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) Authorized Representative - must sign by hand Officer Name and Title: Please Print Business Telephone Number FAX: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB#063-04/BMAd2 ITB #063-04/8M, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.Lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM # 1 ITB #063-04/BM Laboratory Analysis of Soil Samples - Annual Pricing April 29, 2004 May 11, 2004 @ 1:00 P.M. CDT The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidders must submit the REVISED BID FORM, attached. 2. Bidders' attention is invited to the following changes and clarifications resultant to the pre -bid meeting: A. On the BID FORM, item #12, and in SPECIFICATIONS, paragraph 1 ADD (Box size is 1' x 1' x V or less) each shipping box size is one cubic foot or less. The COL will deliver samples to shipper and/or local laboratory (if a local laboratory is the Successful Bidder) - bidder's responsibility for shipping is from the shipping point to their lab. C. In SPECIFICATIONS, paragraph 2 the following equivalent / alternative methods of analysis are approved: a. SSSA (Soil Science Society of America, Inc). Book Series 5 Methods of Soil Analysis Part 3: Chemical Methods (1996) 1. TKN - SSSA Chapter 37 2. NO3-N - SSSA Chapter 38 EPA 300.0 (SW-846 Method 9056) 3. NH4-N - SSSA Chapter 38 4. P - SSSA Chapter 32 5. K - SSSA Chapter 19 6. Na - SSSA Chapter 19 7. Mg - SSSA Chapter 20 8. Ca - SSSA Chapter 20 10. Conductivity - SSSA Chapter 10 b. USDA Agriculture Handbook 60 www.ussL.ars.usda.gov/hb60/hb6Ohtm 9. - USDA HB 60 Chapter 6 D. Bidder is required to list any additional analytes that you normally analyze or calculate. These will not affect the bid award decision or total bid cost in any way. This information is simply requested in order to access any additional reporting to the State of Texas. ITB#063-04/BMAd1 ITB #063-04/BM, Addendum #1 E. In SPECIFICATIONS, Page 17, paragraph 2., item 9. SAR: the minerals listed (Ca, Na, Et Mg) must be reported individually in ppm, as well as the calculated SAR. Bidder's attention is invited to the following question and response: QUESTION: Is subcontracting acceptable? ANSWER: Subcontracting is acceptable, however, the firm submitting the bid is responsible for ensuring all insurance and reference requirements are met by any subcontractors whose services are anticipated during the life of this contract. The City of Lubbock Insurance Requirement Affidavit and references for subcontractors must also be submitted with the bid. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair@mylubbock.us . THANK YOU, CITY OF LUBBOCK ruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#063-04/B MAd 1 ITB #063-04/BM, Addendum #1 ***REVISED*** BID FORM Laboratory Analysis of Soil Samples -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #063-04/BM In compliance with the Invitation to Bid #063-04/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 form. The Invitation to Bid #063.04/BM 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 ITEM QTY MEASURE DESCRIPTION BID Cost Days a. b. C. d. e. f = b x e ARO** 345 Analyze soil for TKN (ppm), determined by Kjedahl 1. (More EA digestion or an equivalent accepted procedure (Non- $ $ or less) Mercury). 2. 345 (More EA Analyze soil for Nitrate -Nitrogen (ppm) $ $ or less) Available or Extractable 3. 345 (More EA Analyze soil for Ammonium -Nitrogen (ppm) $ $ or less) Available or Extractable 4. 345 (More EA Analyze soil for Phosphorus (ppm) $ $ or less) Available or Extractable 5. 345 (More EA Analyze soil for Potassium (ppm) $ $ or less) Available or Extractable 6. 345 (More EA Analyze soil for Sodium (ppm) $ $ or less) Available or Extractable 7. 345 (More EA Analyze soil for Magnesium (ppm) $ $ or less) Available or Extractable 8. 345 (More EA Analyze soil for Calcium (ppm) $ $ or less) Available or Extractable 9. 345 (More EA Analyze soil (saturation paste) for $ $ or less) Sodium Adsorption Ratio (SAR) 345 Analyze soil for EC (uS/cm); 10. (More EA Electrical Conductivity (EC) determine from extract of 2:1 $ $ or less) (v/v) water/soil mixture. 345 Analyze Soil Water pH (Standard Units), 11. (More EA Analyzed by the electrometric method in "Test methods $ $ or less) for Evaluating Solid Waste, EPA SW 846, 40 CFR 260.11. Method 9045 is appropriate for determining H. 12 Estimated shipping cost per box, as delivered from the 12. (More BOX COL to the lab (UPS ARS for example), each box weighs $ $ or less) less than 50 pounds. Box size is 1' x V x V or less. Each shipping box size is one cubic foot or less. TOTAL BID: ITEMS 1 through 12 (ALL OR NONE): $ PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net_ calendar days. Discounts wilt not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct 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. ITB#063-04/BMAd1 3 ITB #063-04/BM, Addendum #1 INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY_ of the State of or an individual trading as Firm: Address: or a partnership consisting of of the City of corporation organized under the laws City: State: Zip M/WBE Firm: Woman Black American Hispanic American I I Asian Pacific American By Date: Authorized Representative - must sign by hand Officer Name and Title: Please Print Business Telephone Number FAX: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITB#063-04/BMAd 1 4 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing SUBMIT TO: CITY OF LUBBOCK CITY OF LUBBOCK TEXAS PURCHASING DEPARTMENTift 1625 13TH STREET, RM L04 LUBBOCK, TX79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Bruce MacNair EMPLOYER #06 3 -04/BM TEL:806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Laboratory Analysis of Soil Samples -Annual Pricing May 11, 2004, @ 1:00 P.M. CDT PRE BID DATE, TIME AND LOCATION: April 27, 2004 @ 9:00 A.M, in the Any bids received after the time and date fisted Municipal Building, Training Conference Room L01, 1625 13`h Street, above, regardless of the mode of delivery, shall be Lubbock, Texas returned unopened. RESPONDENT NAME: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: 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 ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE TELEPHONE NO: CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, E-MAIL: 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 FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #1 #2 #3 #4 #5 (Please Initial) 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 purchased. 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 further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired 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 payment to the vendor. Authorized Signature Print/Type Name Title Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB#063.04/BM.doc ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing BID FORM Laboratory Analysis of Soil Samples -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #063-04/BM In compliance with the Invitation to Bid #063-04/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 form. The Invitation to Bid #063-04/BM 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 ITEM QTY MEASURE DESCRIPTION BID Cost Days a. b. C. d. e. f = b x e ARO" 345 Analyze soil for TKN (ppm), determined by Kjedaht 1. (More EA digestion or an equivalent accepted procedure (Non- $ $ or less) Mercury). 2. 345 (More EA Analyze soil for Nitrate -Nitrogen (ppm) $ $ or less) Available or Extractable 3. 345 (More EA Analyze soil for Ammonium -Nitrogen (ppm) $ $ or less) Available or Extractable 4. 345 EA Analyze soil for Phosphorus (ppm) $ $ o(More Available or Extractable 5. 345 (More EA Analyze soil for Potassium (ppm) $ $ or less) Available or Extractable 6. 345 (More EA Analyze soil for Sodium (ppm) $ $ or less) Available or Extractable 7. 345 (More EA Analyze soil for Magnesium (ppm) $ $ or less) Available or Extractable 8. 345 (More EA Analyze soil for Calcium (ppm) $ $ or less) Available or Extractable 9. 345 (Mors) EA Analyze soil (saturation paste) for $ $ or Sodium Adsorption Ratio (SAR) 345 Analyze soil for EC (uS/cm); 10. (More EA Electrical Conductivity (EC) determine from extract of 2:1 $ $ or less) (v/v) water/soil mixture. 345 Analyze Soil Water pH (Standard Units), 11. (More EA Analyzed by the electrometric method in 'Test methods $ $ or less) for Evaluating Solid Waste, EPA SW 846, 40 CFR 260.11. Method 9045 is appropriate for determining pH. 12 Estimated shipping cost per box, as delivered from the 12. (More BOX COL to the Lab (UPS ARS for example), each box weighs $ $ or less) less than 50 pounds each TOTAL BID: ITEMS 1 through 12 (ALL OR NONE): $ PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, 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 after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. 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 ITB#063-04/BM.doc IT13#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES NO • If you (the bidder) checked YES, the following will apply: • Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another governmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of , or a partnership consisting of or an individual trading as of the City of Firm: Address: City: State: Zip M/WBE Firm: Woman Btack American Native American Hispanic American Asian Pacific American Other (Specify) By Authorized Representative - must sign by hand Officer Name and Title: Please Print Business Telephone Number LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. ITBk063-04/BM.doc 3 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing Laboratory Analysis of Soil Samples -Annual Pricing CITY OF LUBBOCK, TEXAS ITB # 063-04/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 Et 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 1:00 p.m. CDT, May 11, 2004, if date/time stamped on or before 1:00 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 #063-04/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 Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered, or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a pre -bid meeting will be held at 9:00 A.M., April 27, 2004, in the Municipal Building Training Conference Room L01, 1625 13th Street, Lubbock, Texas. All persons ITB#063-04/BM.doc 4 IT13#063-04/13M, Laboratory Analysis of Soil Samples -Annual Pricing attending the conference will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre -bid meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. 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 Citv of Lubbock Purchasine Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Bruce MacNair, Senior Buyer City of Lubbock 1625 13`h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: Bmacnair@mylubbock.us 4 ADDENDA Et MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by bid amendments (addenda). 4.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, 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 sent to all bidders who are known to have received a copy of the original Invitation to Bid (ITB) and will become part of the bid 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 Purchasing Department no later than five (5) days prior to the bid closing date. 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 ITB#063-04/BM.doc 5 IT13#063-04/13M, Laboratory Analysis of Soil Samples -Annual Pricing 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. 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. BID SUBMITTAL 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. SHOULD YOU CHOOSE NOT TO BID, FAILURE TO RETURN THE FORM STATING YOUR REASON FOR NOT BIDDING BEFORE THE RESPONSE DUE DATE/TIME MAY RESULT IN REMOVAL OF YOUR FIRM FROM THE BIDDERS LIST. 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 packa in , 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. ITB#063.04/BM.doc ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 7 BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 9 LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. ITB#063.04/BM.doc 7 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing 11 CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. 13 BID AWARD 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider; a) The purchase price; b) The reputation of the of the bidder and of the bidder's goods or services; c) The quality of the bidder's goods or services; d) The extent to which the goods or services meet the City's needs; e) The bidder's past relationship with the City; f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Invitation to Bid. 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid 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 ITB#063-04/BM.doc 8 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.7 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 13.8 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. 13.9 In order to assure adequate coverage for remote locations throughout the City, the City may make multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in the best interest of the City. Cost and location will be used in making this determination. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the City. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and 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. 15.4 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. The City has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of services being procured. ITB#063-04/BM.doc 9 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing 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 returned. 15.6 When specifications call for samples to be submitted, samples must be delivered by the bidder, at bidder's expense, to the Purchasing Manager no less than seven days prior to the opening of bids. Each sample must be clearly tagged to show bidder's name and address, item number, and the name of the item being substituted. The name of the manufacturer and brand name, technical data, intended use, and other pertinent data for product evaluation must accompany each sample. 16 QUALIFICATIONS OF BIDDERS 16.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 16.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; d) The quality of performance of previous contracts or services. 17 ANTI -LOBBYING PROVISION 17.1 DURING THE PERIOD BETWEEN 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. ITB#063-04/BM.doc 10 ITB#063-041BM, Laboratory Analysis of Soil Samples -Annual Pricing 18.2 The successful bidder shall meet the minimum insurance requirements as defined in Section II. A City of Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must accompany each bid. 18.3 The successful bidder agrees to indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result there from, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at its own expenses, satisfy discharge the same. Contractor expressly understands and agrees that any bond required by the contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 19 UTILIZATION OF LOCAL BUSINESS RESOURCES The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City. Council by contacting the Executive Assistant to the City Council. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21 CONTRACT TERM AND PRICING 21.1 The purpose of this invitation to bid is to set for a period of one-year, firm pricing for the item(s) and/or service(s) described herein, with an option to renew annually for up to two additional one-year terms upon mutual written agreement of both parties and under the same terms, conditions and pricing as the initial twelve-month period. 21.2 All stated quantities are approximations of usage or consumption during the time period to be covered by pricing established by this bid. Actual usage or consumption may be more or less. Order quantities and time will be determined by actual need. IT13#063.04/ BM. doc 11 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing Laboratory Analysis of Soil Samples -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #063.04/BM 11. 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 including coverage for the following: a. Premises operations General Aggregate limit of $300,000 b. Independent contractors c. Products/completed operations d. Personal injury e. Advertising injury f. Contractual liability g. Medical payments 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. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; b. Provide for notice to the City at the address shown below by registered mail; ITB#063-04/BM.doc 12 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing c. 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. d. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Victor Kilman - Purchasing Manager City of Lubbock 1625 131" Street, Room L04 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#063-04/ BM.doc 13 IT13#063-04/13M, Laboratory Analysis of Soil Samples -Annual Pricing 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 1 am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor (Signature) Contractor (Print) CONTRACTOR'S NAME: (Print or Type) CONTRACTOR'S ADDRESS: Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone Number: ( Date: NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. ITB#063-04/BM.doc 14 IT13#063-04/13M, Laboratory Analysis of Soil Samples -Annual Pricing III. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. Requirements Contract: During the period of the contract, the Contractor shall provide all the services described in the contract. The Contractor understands and agrees that this is a requirements contract and that the City shall have no obligation to the Contractor if no services are required. Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract. The amount is only an estimate and the Contractor understands and agrees that the City is under no obligation to the Contractor to buy any amount of the services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The Contractor further understands and agrees that the City may require services in an amount less than or in excess of the estimated annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. In making its bid hereunder, the Contractor expressly recognizes the rights of the City provided herein, and further recognizes that the Contractor shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. 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. ITB#063-04/BM.doc 15 ITB#063-041BM, Laboratory Analysis of Soil Samples -Annual Pricing If Contractor in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 5 Material Safety Data Sheets: Contractor shall provide Material Safety Data Sheets (MSDS) for all chemicals to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 6 Gratuities: The City may, by written notice to the Contractor, cancel the contract or purchase order without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing such gratuities. 7 Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. 8 Assignment-Dele±?ation: No right or interest in the contract shall be assigned or delegation of any obligation made by Contractor without the written permission of the City. Any attempted assignment or delegation by Contractor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 9 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 party'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. ITB#063.041 BM,doc 16 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing Laboratory Analysis of Soil Samples -Annual Pricing CITY OF LUBBOCK, TEXAS ITB #063.04/BM IV. 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. 1. 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. 2. 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) 2. NO3-N - ASA #9, Chapter 33 / EPA 353.2 3. NH4-N ASA #9, Chapter 33 / EPA 350.2 4. P - ASA #9, Chapter 24 / NCR-13, Chapter 6 5. K - ASA #9, Chapter 13 / NCR-13, Chapter 7 (ICP, SW 846 method 6010B) 6. Na - ASA #9, Chapter 13 / NCR-13, Chapter 7 (ICP, SW 846 method 6010B) 7. Mg - ASA #9, Chapter 14 / NCR-13, Chapter 7 (ICP, SW 846 method 6010B) 8. Ca - ASA #9, Chapter 14 / NCR-13, Chapter 7 (ICP, SW 846 method 6010B) 9. SAR - ASA#9, Chapter 10 Soluble Salts (saturation extract) (ICP, SW 846 method 6010B) SAR calculation must be derived from water soluble salts results for Ca, Na, Ft Mg 10. Conductivity - ASA #9, Chapter 10 (NOTE: you must use 2:1 volume/volume water/soil mixture) 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: http://muextension.missouri.edu/xplor/speciatb/sb1001.htm#getpdf. 3. 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. 4. A copy of the Chain of Custody, furnished with each sample shipment, must be completed (signed annotation of date >:t time received) and returned to the City of Lubbock upon sample receipt. 5. 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 3.5 inch disk, CD-ROM, ITB#063-04/BM.doc 17 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing 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 4 above F. Sodium Adsorption Ratio (SAR) results must show both analysis results and calculations 6. 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. 7. 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. 8. 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. 9. 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. ITB#063-04/BM.doc 18 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing CITY OF LUBBOCK, TEXAS STATEMENT OF NO BID The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bid to: Victor Kilman, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB # 063-04/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 product/s or equivalent. (If you wish to remain on bidders list for other commodities and/or services, please state particular product and/or service under which you wish to be classified.) Our product schedule would not permit us to perform. Unable to meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please specify below) REMARKS: Company Name: Address: City: Contact Name: Business Telephone Number Internet Address: Company's Internet Web Page URL: State: Zip Title: FAX: ITB#063-04/BM.doc 19 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing Project Name: Laboratory Analysis of Soil Samples -Annual Pricing Solicitation No. ITB#063-04/BM State of Texas County of Lubbock being first duly sworn, depose and say: (1) Neither I nor any of my officers, partners, owners, agents, representatives, employees, or parties in interest, have in any way colluded, conspired, or agreed, directly or indirectly, with any person, firm, corporation or other entity submitting a bid on this project or potential participant in this procurement action in regard to the terms or conditions of this bid. I have not paid or agreed to pay, directly or indirectly any person, firm, corporation or other entity submitting a bid on this project or potential participant in this procurement action, any money or anything of value in return for assistance in obtaining or attempting to obtain the contract anticipated to result from this procurement action. I will not pay any money or anything of value in the future for that purpose. (2) None of the deciding factors set forth in the solicitation or in the subsequent agreement were my idea or the idea of anyone representing my company, unless the suggestion was made at a public meeting. (3) No officer or stockholder of my company is an employee of the City of Lubbock or any elected official of the City, or is related to any employee or elected official of the City of Lubbock that will exercise authority in the selection of the successful respondent. (4) My agents, representatives, subcontractors/subconsultants and I will not undertake any activities or actions to promote or advertise my bid to any member of any City Commission reviewing the responses, member of the Lubbock City Council or City staff except in the course of City -sponsored inquiries, briefings, interviews or presentations between the date the request for bids was issued and the date of award by City Council. Signature: Title: Firm/Entity: Date: Subscribed and sworn to before me this day of 20 My Commission Expires Notary Public End ITB#063-04/BM.doc 20 IT13#063-04/13M, Laboratory Analysis of Soil Samples -Annual Pricing Sample City Contract For Laboratory Analysis of Soil Samples -Annual Pricing Bid No. 063-041BM CITY OF LUBBOCK CONTRACT FOR SERVICES THIS AGREEMENT, entered into this day of 2004, between the City of Lubbock ("City"), and , ("Contractor") WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: I. Compensation. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The City agrees to pay the Contractor according to the payment schedule attached; said payment schedule does not include any applicable sales or use tax. If. Scope of Work. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. III. Contract Term: The period of this contract shall be for a period of one year beginning , 2004, and thereafter for two additional one-year periods upon the mutual written consent of both parties provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel. Prices shall remain firm for the entire life of the contract, including any extensions thereof, unless an exception is stated in the bid. IV. Relationship between City and Contractor. 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. V. Workers' Compensation and Insurance. Professional Liability Insurance: The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial Professional 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: ITB#063-04/ BM.doc 21 ITB#063-04/BM, Laboratory Analysis of Soil Samples -Annual Pricing Professional Liability: General Aggregate Limit: $300,000 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. 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. VI. Successors And Assigns: 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. VII. Entire Contract This Contract consists of the following documents set forth herein; Invitation to Bid #063-04/BM, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK Marc McDougal, Mayor ATTEST: Rebecca Garza, City Secretary APPROVED AS TO FORM: Attorney CONTRACTOR BY Authorized Representative Address ITB#063-04/BM.doc 22