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HomeMy WebLinkAboutResolution - 2007-R0383 - Contract - Skalar Inc.- Automated Colorimetic Analyzer - 08/23/2007Resolution No. 2007-80383 August 23, 2007 Item No. 5.18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Contract and any associated documents with Skalar, Inc., of Norcross, Georgia, for the purchase of an automated colorimetric analyzer per Bid 07 -060 -MA, which Contract and any associated documents are attached hereto as Exhibit A and made a park hereof for all intents and purposes. Passed by the City Council this 23rd day of August , 2007. DAVID A. MILLER, MAYOR ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: Thomas Adams 11 Deputy City Manager/Water Utilities Director APPROVED AS FORM: Don andiver, ttorney of Counsel DDres/5ka1arAna1yzerCon07 Res August 14, 2007 07 -060 -MA Automated Colorimetric Analyzer Resolution No. 2007-80383 CITY OF LUBBOCK CONTRACT FOR SERVICES For Automated Colorimetric Analyzer Bid No. 07 -060 -MA THIS CONTRACT, made and entered into this 23th day of August, 2007, pursuant to a resolution heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Skalar. Inc.("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for a Automated Colorimetric Analyzer bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the said Automated Colorimetric Analyzer. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will deliver to the City the refurbish of gravity belts at Southeast Waste Reclamation plant specifically referred to as Item(s) No. l and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and 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 bid submittal form Item No. 1; said payment schedule does not include any applicable sales or use tax. 3. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. The tern of the service agreement shall be for two years, after the initial twelve (12) months and shall begin after installation and training is completed as specified in the bid document. 4. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 5. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate, along with a copy of the primary additional insured endorsement, 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 07-060-MAdoc 07 -060 -MA Automated Colorimetric Analyzer INSURANCE COVERAGE REQUIRED The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than .$500,000. Commercial General (public) Liability — Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $500,000 each occurrence and in the aggregate and shall include the following: Products and completed operations Personal Injury and Advertising Injury Contractual Liability Automotive Liability — Contractor's insurance shall contain a combined single limit of at least $300,000 per occurrence, and include coverage for, but not limited to the following: Any Auto The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS Contractor agrees to waive its right of recovery against the City of Lubbock for all claims and suits against the City of Lubbock, which are or may be covered by the above-described insurance coverages. In addition, its insurers, through policy endorsement, waive their right of subrogation against the City of Lubbock for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against the City of Lubbock for loss of its owned or leased property under its care, custody, or control. Contractor's insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributing with respect to any insurance carried by the City of Lubbock. The certificate of insurance must reflect that the above wording is included in 07-060-MAdoc 07 -060 -MA Automated Colorimetric Analyzer evidenced policies. All policies required above (excluding Workers' Compensation) shall include a severability of interest endorsement and shall name the City as a primary additional insured with respect to work performed under this agreement. Severability of interest naming the City of Lubbock, as primary additional insured shall be indicated on the certificate of insurance. 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: Name the City of Lubbock and its officers, employees, and elected representatives as primary additional insureds, (as the interest of each insured may appear) as to all applicable coverage; Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; Provide for notice to the City at the address shown below by registered mail; The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; 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. 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 Marta Alvarez - Purchasing Manager City of Lubbock 1625 13a' 'Street, Room 204 Lubbock, Texas 79401 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. 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; c. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; 07-060-MAdoc 07 -060 -MA Automated Colorimetric Analyzer d. 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. e. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. 6. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 7. This Contract consists of the following documents set forth herein; Invitation to Bid # 07 -060 -MA, General Conditions, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK David A. Miller, Mayor ATTEST: RebeAa Garza, City Secretary ;APPROVED A ENT: Thomas Adams, Deputy City Manager/Water Utility Director APPROVED AS TO FORM: e. , �Q;T) As tent Ciry Attorney 07-060-MAdoc CONTRACTOR BY Authorize e�esen a'I'ive Address UCrCrcxS Resolution No. 2007—RO383 ITB It07-06o-MA, Automated Colorimetric Analyzer SUBMIT TO: CITY OF LUBBOCK Purchasing &Contract Management% ` CITY OF LUBBOCK, TEXAS 1625 13 Street, Rm 204 �1 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez 1EMPLOYER Q7 -060 -MA TEL: 806.775.2167 FAX: 806.775.2164 http:l/purchasing.ei.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Automated Colorimetric Analyzer July 19,2007,3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: July 11, 2007 at 11:00 a.m. Any buds recened tiller the lime and dale fisted ahavc, regardless of rhe made rJ in the City Hall, 1625 13`' Street, Purchasing Conference Room 204, dehveryt shrill be returned unopened Lubbock, Texas, RESPONDENT NAME: A' V— fA �J LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE A iG n� CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: c� F"". S IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE I -Ver "STATEMENT OF NO BID". CITY — STATE —ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY 115 rz 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 LJ c=� CITY. FAR NO: IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS i REQUEST PERMITS COMPETITIVE BIDS. IT 1S THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY E-MAIL: 6096 A-d-Pf'eOCSO iAf- a( — i LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER T 1© THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles 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 acquit d 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 A It ee Aulh(Ti d " nature Title Prmt)fype Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 051TBBestVa1. doc 1 ITB #07 -060 -MA, Automated Colorimetne Analyzer BID FORM Automated Colorimetric Analyzer CITY OF LUBBOCK, TEXAS ITB #07 -050 -MA In compliance with the Invitation to Bid #07 -060 -MA, 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 #07 -060 -MA is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) 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. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. iNTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES_Y 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 3V—ed tL) -r r a corporation organized under the laws ofthe State of Ge-'esia , or a partnership consisting of 051THestVal. doc UNIT OF UNIT Extended Delivery ITEM QTY MEASURE DESCRIPTION PRICE* Cost Days BID ARO** 1. 1 EA Automated Flow Analyzer, per $ j'" �9 specifications I j 610x r *PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed **Days After Receipt of Order (ARO) 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. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. iNTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolfforth. YES_Y 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 3V—ed tL) -r r a corporation organized under the laws ofthe State of Ge-'esia , or a partnership consisting of 051THestVal. doc By. ITB #07 -060 -MA, Automated Colorimetric Analyzer or an individual trading as of the City of Other (Specify) Firm: 4-nt. Address: -ic Da. htiw—) City: O Stater Zi _ [� MIWBE Woman Black American Native American Firm: By. 7 Authorized Representative - must sign by hand Officer Name and Title: Please P►•ini Business Telephone Number YTy"' 7le2 _�, FAX: �,7�7 �%� M FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for hids over .$25,000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 051TBBestVa1.doc 3 Hispanic American Asian Pacific American Other (Specify) 7 Authorized Representative - must sign by hand Officer Name and Title: Please P►•ini Business Telephone Number YTy"' 7le2 _�, FAX: �,7�7 �%� M FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for hids over .$25,000): Date P.O./Contract Issued: LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. 051TBBestVa1.doc 3 ITB #07 -060 -MA, Automated Colonmet0c Analyzer SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. 1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: k IQ it, Signature of Company Official: Date Sinned:" Printed name of company official signing above: 051TBBestVal.doc 15 ITB 407 -064 -MA, Automated Colorimetric Analyzer CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Cnntrar-tnr lPrintl (Print or Type) CONTRACTOR'S ADDRESS: / //,b[[-C4z a. 'I6 eq / Name of Agent/Broker: A -Ham i c Ahec skenno Address of Agent/Broker: 6000 R05U--V--(k -R[A4i, Si+ikarloe, City/State/Zip: r -tont oa., 6A ,3101350 Agent/Broker Telephone Number: (~]10 ) _LSD -I L4 4-3 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. 05lTBt3estVai.doc 19 ITB #07 -060 -MA, Automated Colorimetric Analyzer City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with: (l) the lowest bidder; or (2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. In order to receive consideration, bidders must submit this affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13't' Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: Local Address (must be within the City limits): Address of the company's principal place of business within the United States: Flow many residents of the City of Lubbock are employed at the above business location?, 2. Year your business was established in the City of Lubbock: 3. For transactions that require sales tax, provide the following Reseller information: Reseller Permit Number: Company Name and Address (as it appears on permit): 4. hoes your business have more than one office in the State of Texas? Yes No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: 5. Was the local business required to pay business and/or real property tax for the most recent tax year? Yes No If Yes, did the local business pay any of this tax to the City of Lubbock? _ Yes No Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm. corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding nn City of Lubbock products and services for a period of one (1) year. Authorized Signature: Printed Name and Title: 051THestVaLdoc 20 Date: ITB #07 -060 -MA, Automated Colorimetric Analyzer City of Lubbock Purchasing Department In an effort to better serve our suppliers, the City of Lubbock Purchasing Department is conducting the following survey.. We appreciate the time and effort expended to submit your offer. Please take an additional moment to complete the information below. If you have any questions or need more information, please call (806)775-2572. City of Lubbock ITB/RFP #-,21- - 64A HOW DID YOU RFMIE NOTICE OF THIS RF,OUFST FOR ILII) OR PROPOSAL? Lubbock Avalanche Journal? Yes No The Daily Commercial Record? Yes No From Plan Room or other type of service? Yes No Did you access the City of Lubbock website to search for bids? Yes No Facsimile or email from RFP Depot.com? Yes No Did you download from your home computer? Yes No Did you download from your company computer? �i Yes No Requested a copy from Lubbock Purchasing Department. Yes No Are you a member of RFP Depot? 4— Yes No Other THANK YOU. 05lT8BesLYaUoc 21 ITB #07 -060 -MA, Automated Colorimetric Analyzer CITY OF LUBBOCK WATER UTILITIES MINIMUM SPECIFICATIONS FOR PROVISION AND INSTALLATION OF A TWO -CHANNEL AUTOMATED COLORIMETRIC ANALYZER The intent of these specifications is to describe an Automated Colorimetric Analyzer required for daily process control and permitted analyses of groundwater, wastewater and storm water samples including Total Kjeldahl Nitrogen (TKN), Ammonia, Total Phosphorous , Nitrate, Nitrite, Chloride, and Cyanide according to EPA approved methodology. GENERAL A. Scope of Work Yes No Exception The wen or shall furnish all labor, materials and equipment necessary for the provision and installation of one (1) two -channel Automated Calorimetric Analyzer as specified herein. B. Regulations Yes No Exception 1. The equipment specified herein shall comply with all applicable laws, rules regulations or ordinances imposed by all applicable federal, state, regional and local agencies. Yes No Exception 2. The chemistries specified in Section II.B. shall be analyzed using US EPA approved methods. Yes No Exception 3. All roducts shall be new and shall be current production models. Discon- tinued models and models about to be discontinued are not acceptable. C. Submittals With Bid 1. List of references 2. Terms, conditions and cost of a 2yr. Service Agreement (after warranty). 3. Expected life of parts not covered under warranty. 4. Price list of all consumable parts. 5. Installation requirements and services needed. D. Submittals After Award of Contract Yes No Exception 1. SuLitwo (2) copies of operation and maintenance manuals, parts manuals and factory authorized technical repair and problem solving manuals. E. Warran Yes No Exception 1. The vendor shall provide a full twelve (12) month manufacturer's warranty covering parts and labor. The warranty period shall begin after installation and training has been completed. 051THestVal. doc 22 ITB #07 -060 -MA, Automated Colorimetric Analyzer IL PRODUCTS A. Design Criteria: The equipment specified herein shall have the following criteria: 1. Chemistries Yes X No Exception a. All chemistries must follow EPA approved test procedures. Yes__ No Exception b. Sy em shall come with analytical cartridges for running the following chemistries. The required range for each chemistry is listed in mg/L. Chemistry Range Ammonia 0.03-10.0 Chloride 2.00-100 Nitrate 0.007-10.0 Nitrite 0.005-10.0 Total Kjeldahl Nitrogen 0.10-10.0 Total Phosphorus 0,01-5.0 Cyanide 0.005-0.05 2. Autosampler YesNo Exception a. ystem must come with a random access XYZ style auto sampler with a minimum capacity of 140 sample tubes. Yes–No Exception b. A tosampler must come with a built-in wash station. Page 3 Yes No Exception C. Au osampler must have manual or computer controlled operation. 3. Spectrophotometric Detectors (one per channel) Yes—X No Exception a. System shall come equipped with two (2) Spectrophotometric Detectors that will detect the color intensity of the samples (Colorimetric Analyzer) Yes No Exception b. 1t shall include alight source, fiber optic light paths, universal flow cells, wave length filters for each of the chemistries in Section II.B. shall also be included. YesNo Exception C. tectors shall be of a high resolution digital design. 4. Peristaltic Pump 051TBBestVal.doc 23 ITB 947 -060 -MA, Automated ColonmetncAnalyzer YesA No Exception a. Minimum of 20 pump tubes. (capacity) Yes _ No Exception b. Variable speed for faster start-up and clean out. Yes X No Exception c. mp shall be both manually controlled and computer controlled. 5. Automated Dilution System and Reagent Switching Capacity Yes No Exception a. For diluting off -scale (out -of -range) samples as determined by system control software. Yes— 'Y Exception b. SHaII be interfaced with the compact Autosampler and system control software. 6. Heating Unit Yes No Exception a. eating block units shall be provided for any of the listed chemistries listed in 'Section II.B. as required by EPA Methodology. 7. System Control Software Yes No Exception a. Provide for un -attended auto -dilution of out -of range samples. YesNo Exception 4Alow b. for additional or extra samples during analyses. Yes No Exception C. ust be truly multi -tasking: allowing for collection of data while running other programs. Yes -No Exception d. ust correct for baseline drift and sensitivity drift, calculate percent recovery of spiked samples, produce real-time data during run and provide multiple calibration modes. Yes X No Exception e. Must include and maintain its own QC charts for Mean, Standard Deviation and acceptable range of Quality Control sample, YesNo Exception f. A 1 data must be easily reportable to Excel. Yes No Exception g.ust allow for memory retention of methods and data in the event of a power failure. Yes X No Exception 051TBBestVal,doc 24 ITB #07 -060 -MA, Automated Calorimetric Analyzer h. Must have sampler control interface, pump control interface, data acquisition and analyzing interface with Spectrophotometric Detector, tray protocol definition program, and data monitoring and control routines. III. EXECUTION A. Operation Requirements Yes No Exception 1. The system shall be capable of running any two chemistries simultaneously (i.e.. TKN & TPhos.) Yes No Exception system 2. Th shall be capable of multi -tasking capabilities so the operator can manipulate data while other analyses are being performed. Yes No Exception 3. The sampler shall have true random sampling capabilities, including the re- sampling and dilution of out -of -range samples. YesNo Exception 4. Th dilution system shall provide automated dilution of samples. This shall be for both pre -assigned dilution as well as automatic dilution of off -scale samples. Results of diluted samples shall be corrected for dilution factor automatically in the final report. Yes—' No Exception 5. T system shall be capable of running all of the chemistries listed in Section II.B. of the specifications. B. Installation Yes No Exception 1. Installation of equipment shall be done in accordance with manufacturer's instructions. Yes -No Exception_ 2. Price shall include installation and training. C. Special Requirements Yes_ _1 No Exception 1. The contractor shall provide upgrades of software for the duration of the warranty period at no additional cost to the City. Yes No Exception 2. When the equipment specified herein requires service, the vendor shall provide a "Loaner" unit at no additional cost to the City within forty-eight (48) hours of notification by the city's representative. Yes No Exception 3. The vendor shall provide a minimum of 24 hours (three- 8 hour work days) training on the system's operation, maintenance, and troubleshooting to City 051THestVal. doc 25 ITB #07 -060 -MA, Automated Colodmetnc Analyzer personnel at the City's facility. The City reserves the right to video tape the training sessions. Yes No Exception 4. A thirty (30) day trial will be required after installation and training are complete and prior to payment. Failure of the system to meet ALL requirements, including, but not limited to, the detection limits specified may, can and will result in non-payment. Yes No Exception 5. Sys em shall be modular and able to upgrade so as to allow for future additions of chemistries, additional detectors and/or channels. Yes No Exception 6. Response time for on-site calls shall be no greater than 48 hours. This response time is during the warranty period and continues through out any maintenance agreements. Yes- No Exception 7. The service No quoted shall include at least two (2) preventative maintenance and unlimited emergency service calls per year. D. Evaluation Criteria 1. Cost of equipment, installation and training. 2. The speed of sample processing. 3. The speed of change -over from one chemistry to another. 4. Detection limits referenced in Section II.B. of this specification. 5. Service reputation of vendor. 6. Applicability of quality control software to meet city's requirements. 7. References IV. SYSTEM CONTROL HARDWARE (SEPARATE LINE ITEM QUOTE) Yes No Exception A. At least a Pentium 300 MHZ processor, MB memory (RAM), 20 GB Hard drive and C -D ROM. Desk Jet 700 printer series. Flat panel monitor. NOTE: Prefer Windows XP or Windows Vista B The City reserves the right to exclude system control hardware listed on bid, and purchase own hardware system, which will be loaded with at least Windows XP or Windows Vista as its operating system. PLEASE PROVIDE A DETAILED EXPLANATION OF ANY EXCEPTIONS. Signature 05GTBBestVa1.dcc 26 Date