ESBD_File_349390_01 - RFP 24-17860-SB Wastewater Laboratory Analyzer for BOD and CBOD.pdf

RFP 24-17860-SB

Wastewater Laboratory Analyzer for BOD and CBOD

1. INSTRUCTIONS TO OFFERORS

1.1 Offerors may submit proposals electronically by uploading required documents at the City of Lubbock’s partner’s website, Bonfire. Refer to Bonfire for Submission Instructions. This Request for Proposals is for your convenience in submitting an offer for the specified services.

If submitting electronically, do not submit paper documents. If you choose to submit in hard copy, submit one original paper copy of your submittal to the office of the Director of Purchasing and Contract Management:

Physical: Marta Alvarez, Director of Purchasing and Contract Management

City of Lubbock 1314 Avenue K, 9th Floor Lubbock, Texas 79401

Mailing: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock P.O. Box 2000 Lubbock, Texas 79457

MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME

The City of Lubbock appreciates your time and effort in preparing your proposal. All offerors should familiarize themselves with the following Instructions to Offerors and General Requirements, attached.

Sealed proposals and electronic submittals submitted through the Bonfire portal, shall be received until:

2/27/2024 prior to 2:00 P.M.

Please allow time to upload required documentation. 24hrs in advance is recommended.

Offerors are responsible for making certain proposals are submitted to the Purchasing and

Contract Management Department.

Offerors are responsible for making certain propsoals and proposed contracts are delivered to the Purchasing and Contract Management Department. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all. If offeror does not hand deliver a proposal, 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 a proposal, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified.

1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT FAX PROPOSALS.

1.4 Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made before RFP closing must be initialed by the offeror guaranteeing authenticity.

1.5 The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum.

Proposals may be withdrawn prior to the above scheduled time set for closing. A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind.

2. PRE-PROPOSAL MEETING

2.1. For the purpose of familiarizing proposers with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposal (RFP) documents, a pre-proposal meeting will be held on pre-pro date, February 14, 2024, at 9:00 A.M. via teleconference. The Zoom meeting information is as follows:

Website: https://zoom.us/j/9759171012?pwd=bkFtRTNlcXV1SkhWdkZiMDk4MXh2dz09 Meeting ID: 975 917 1012 Passcode: 1314

All persons attending the conference will be asked to identify themselves and the prospective proposer they represent.

2.2. It is the proposer’s responsibility to attend the pre-proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-proposal meeting to proposers who do not attend the pre-proposal meeting.

2.3. The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre-proposal 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, 1314 Ave. K, (806)775-2018 at least forty-eight (48) hours in advance of the conference.

3. CLARIFICATION OF REQUIREMENTS

3.1. It is the intent and purpose of the City of Lubbock that this request permits competitive proposals.

It is the offeror’s responsibility to advise the City of Lubbock Director of Purchasing and

Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days prior to the proposal closing date. A review of such notifications will be made.

3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION

CONCERNING THIS REQUEST FOR PROPOSAL (RFP) MUST BE SUBMITTED IN

WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL

CLOSING DATE AND ADDRESSED TO:

Sandra Ballance, Buyer II City of Lubbock

1314 Avenue K, 9th Floor Lubbock, TX 79401 Fax: (806) 775-2164

Email: SBallance@mylubbock.us

6. ADDENDA & MODIFICATIONS

6.1. The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum.

6.2. Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries.

6.3. Any offeror in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation thereof from the Purchasing and Contract Management Department. At the request of the offeror, or in the event the Purchasing and Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing and Contract Management Department. Such addenda issued by the Purchasing and Contract Management Department will be available over the Internet at https://ci-lubbock-tx.bonfirehub.com/portal/ and will become part of the proposal package having the same binding effect as provisions of the original RFP. 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 and Contract Management Department no later than five (5) days prior to the proposal closing date.

6.4. The City does not assume responsibility for the receipt of any addendum sent to offerors.

7. EXAMINATION OF DOCUMENTS AND REQUIREMENTS

7.1. Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements prior to submitting a proposal to ensure that the proposal meets the intent of this

RFP.

7.2. Before submitting a proposal, each offeror shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this RFP. Failure to make such investigations and examinations shall not relieve the offeror from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposal.

7.3. All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all electronic media, reports, charts, and other documentation submitted by offerors shall become the property of the City of Lubbock when received.

8. PROPOSAL PREPARATION COSTS

8.1. Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal.

8.2. The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment.

8.3. All costs related to the preparation and submission of a proposal shall be paid by the proposer.

9. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC

INFORMATION ACT

9.1. If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions.

9.2. Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b)

9.3. 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 proposal 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 proposal 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.

9.4. Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act.

9.5. Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using the link provided below.

https://lubbocktx.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjnycegwpcs))/SupportHome.aspx

9.6. For more information, please see the City of Lubbock Public Information Act website at:

https://ci.lubbock.tx.us/pages/public-information-act

10. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS

10.1. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit proposals 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 DBE 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 or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans.

11. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS

11.1. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award.

11.2. 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 or 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.

12. CONFLICT OF INTEREST

12.1. The Offeror 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.

12.2. By signing their proposal, the offeror certifies and represents to the City the offeror 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 RFP.

12.3. It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock

12.4. Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire, Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be filed with the records administrator of the City of Lubbock not later than the Seventh business day after the date the person becomes aware of the facts that require the statement to be filed.

The questionnaire can be found at:

https://www.ethics.state.tx.us/forms/conflict/

For the City of Lubbock, these forms should be filed with the City Secretary’s Office, P.O. Box 2000, Lubbock, Texas, 79457

See Section 176.006, Local Government Code:

http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm.

A person commits an offense if the person violates Section 176.006, Local Government Code.

An offense under this section is a Class C misdemeanor.

13. CERTIFICATE OF INTERESTED PARTIES

13.1. Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply:

1) Contract requires an action or vote by the City Council (governing body); OR

2) Contract value is $1 Million or greater; OR

3) Contract is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code.

This must be done before executing the contract. The disclosure form may be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable).

14.2 A contract described by Subsection (b) of Government Code Section 2252.908 entered into by a governmental entity or state agency is voidable for failure to provide the disclosure of interested parties required by this section only if: (1) the governmental entity or state agency submits to the business entity written notice of the business entity ’s failure to provide the required disclosure;

and (2) the business entity fails to submit to the governmental entity or state agency the required disclosure on or before the 10th business day after the date the business entity receives the written notice under Subdivision (1).

14. ANTI-LOBBYING PROVISION

14.1. DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE

CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND

REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR

PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF

EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING

DEPARTMENT IN THE COURSE OF CITY-SPONSORED INQUIRIES, BRIEFINGS,

INTERVIEWS, OR PRESENTATIONS.

14.2. This provision is not meant to preclude offerors from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential offerors, assure that contract decisions are made in public, and to protect the integrity of the RFP process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the offeror's proposal.

15. AUTHORIZATION TO BIND SUBMITTER OF PROPOSAL

15.1. Proposals must show vendor name and address of offeror. The original proposal must be manually signed by an officer of the company having the authority to bind the submitter to its provisions.

Person signing proposal must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign proposal will disqualify it.

16. ABOUT THIS DOCUMENT

16.1. This document is a Request for Proposal. It differs from an Invitation to Bid in that the City of Lubbock is seeking a solution, as described in the following General Requirements section, not a bid/quotation meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee an award recommendation. Sealed proposals will be evaluated based upon criteria formulated around the most important features of a product or service, of which quality, testing, references, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well an offeror's approach meets the desired requirements and needs of the City of Lubbock. Those criteria that will be used and considered in evaluation for award are set forth in this document. The City will thoroughly review all proposals received. The City will also utilize its best judgment when determining whether to schedule a pre-proposal conference (before proposals are accepted), or meetings with offerors (after receipt of all proposals). A Purchase Order/Contract will be awarded to a qualified offeror submitting the best proposal. The City reserves the right to select, and subsequently recommend for an award, the proposed service which best meets its required needs, quality levels, and budget constraints.

17. EVALUATION PROCESS

17.1. All proposals will be evaluated by an evaluation committee and may include senior management representatives, a financial officer, and/or an independent consultant.

17.2. Respondents to this RFP may be required to submit additional information that the City may deem necessary to further evaluate the offeror’s qualifications.

17.3. The committee will evaluate and numerically score each proposal in accordance with the evaluation criteria included in the Request for Proposal.

17.4. The committee will arrive at a short list of the top respondents and these short-listed respondents may be scheduled for a structured oral presentation and interview. Such presentations will be at no cost to the City of Lubbock. At the end of the oral presentation and interview, the evaluation of the short-listed respondents will be completed. The oral interview may be recorded and/or videotaped.

18. SELECTION

18.1. Selection shall be based on the responsible offeror(s) whose proposal(s) is/are determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP.

18.2. The successful offeror(s) will be expected to sign a contract substantially like that in the example provided.

18.3. 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 REQUEST FOR PROPOSAL.

19. EQUAL EMPLOYMENT OPPORTUNITY

19.1. Offeror 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 a violation of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

20. NON-APPROPRIATION

20.1. 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 non-appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without 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.

21. PROTEST

21.1. All protests regarding the RFP process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFP process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law.

FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A

WAIVER OF ANY PROTEST.

22. THE CITY RIGHT TO AUDIT

22.1. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor.

23. NON-ARBITRATION

23.1. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control.

24. ASSIGNING OR SUBLETTING THE CONTRACT

24.1. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements.

25. TEXAS GOVERNMENT CODE SECTION 2252.152

25.1. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization.

26. TEXAS GOVERNMENT CODE SECTION 2271.002

26.1. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

27. TEXAS PUBLIC INFORMATION ACT

27.1. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body.

28. CONFIDENTIALITY

28.1. The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law.

29. INDEMNITY

29.1. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement.

30. SUSPENSION AND DEBAREMENT

30.1. Contractor certifies that at the time of submission of its bid, Contractor was not on the federal government’s list of suspended, ineligible or debarred contractors and that Contractor has not been placed on this list between the time of bid submission and the time of execution of the Contract. If Contractor is placed on this list during the term of the contract, Contractor shall notify the Lubbock County Director of Purchasing. False certification or failure to notify may result in termination of the contract for default.

30.2. 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.

30.3. By submitting a proposal in regard to this request, this firm certifies that neither this firm nor its principals are suspended or debarred by a Federal agency.

31. INSURANCE REQUIREMENTS

31.1. 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.

31.2. 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.

31.3. 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):

Commercial General Liability Requirements: $1M occurrence / $2M aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations.

Commercial General Liability to include Products – Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person).

Automobile Liability Requirements: $1M/occurrence is needed

Professional Liability Requirements: $1M occurrence/ $2M aggregate

Workers Compensation and Employer Liability Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license.. Employer Liability ($1M) is required with Workers Compensation.

* The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp.

* Waivers of Subrogation are required for CGL, AL, and WC.

* To Include Products of Completed Operations endorsement.

* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment.

* Carriers must meet an A.M. Best rating of A- or better.

* Subcontractors must carry same limits as listed above.

IMPORTANT: POLICY ENDORSEMENTS

The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. Any costs will be paid by the Contractor.

REQUIRED PROVISIONS

The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions:

a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage;

b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;

c. Provide for notice to the City at the address shown below by registered mail;

d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance;

e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

NOTICES

The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF

INSURANCE.

All notices shall be given to the City at the following address:

Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock

1314Avenue K, 9th Floor 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.

City of Lubbock, TX

RFP 24-17860-SB

Purchase and Installation of a Semi-Automated Analyzer for Biochemical Oxygen Demand (BOD) and Carbonaceous Biochemical Oxygen Demand (CBOD)

GENERAL REQUIREMENTS

1. INTENT

The intent of these specifications is to describe an analytical system required for state permit and plant process control analyses of wastewater, groundwater, and storm water samples for BOD and CBOD according to EPA approved methodology. This bid is to replace aged existing equipment during the 2023-24 fiscal year.

2. SCOPE OF WORK

A. General: The vendor shall furnish all equipment, materials, and labor necessary for the provision and installation of one analyzer for BOD and CBOD as specified herein. This is to include the following:

1. Installation and setup of a new instrument with data acquisition system

2. Testing of the new system to verify proper operation for intended use

3. Training of laboratory staff on system use and maintenance

4. Understand chemicals, reagents, and samples related to the instrument analysis will be used during the installation in an active wastewater laboratory

B. Regulations:

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.

2. The chemistries specified in Section II.A.b. shall be analyzed using the latest US EPA approved methods (40 CFR Part 136 Table 1B - List of Approved Inorganic Test Procedures).

C. Submittals With Bid:

1. List of references (wastewater laboratories preferred)

2. Terms, conditions, and cost of two year 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: Submit (Digital USB and/or Drive PDF Format) of system manuals that address: setup, calibration, operation, maintenance, parts lists with part numbers for ordering, troubleshooting charts, error code charts, and technical support contact and availability information.

E. Warranty: 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. A service agreement start when the original warranty expires.

PRODUCTS

A. Design Criteria: The equipment specified shall have at least the following components and criteria:

1. Chemistry

a. All chemistries must follow EPA approved analytical procedures (40 CFR Part 136 Table 1B

- List of Approved Inorganic Test Procedures) and associated quality control requirements. The analytical methods used by the laboratory for these analyses is from Standard Methods for the Examination of Water and Wastewater, 24th Edition, 2023, American Public Health Association, American Water Works Association, Water Environment Federation.

b. The system shall be installed with the capability to perform the following analyses on wastewater, groundwater, and storm water samples:

Analytical Method: Standard Methods 5210B-2019

BOD5: 5 Day Biochemical Oxygen Demand

CBOD5: 5 Day Carbonaceous Biochemical Oxygen Demand

Associated Analyses:

Temperature (℃): Standard Methods 2550B-2021

Dissolved Oxygen (DO): Standard Methods 4500OH-2021 (Optical Probe)

2. Auto Sampler

a. The system shall have a controlled random access coordinate style auto sampler with a minimum capacity of 50 traditional 300ml glass sample bottles with option to use 300ml plastic disposable bottles with or without adaptation collar.

b. The sampler shall have a built in wash station to minimize cross contamination between each sample bottle. Please describe wash station as either running tap or carboy reservoir fed with pump.

c. The auto sampler shall have a controlled pump to dispense Nutrient Buffer Dilution solution.

This is a preferred option.

d. The auto sampler shall have a controlled auto diluter syringe or equivalent to dispense Seed solution. This is a preferred option.

e. The auto sampler shall not include a sample barcode reader. This is not a preferred option. The lab does not use barcodes for sample identification.

f. The system shall not have an automatic stopper and/or cap insertion and removal function.

This is not a preferred option. The analyst will handle stoppers and caps.

g. The system shall not have an automatic sample dispenser. This is not a preferred option. The analyst will dispense samples.

h. The system shall not auto adjust the pH of samples. This is not a preferred option. The analyst will pH and temperature adjust samples.

i. The system shall not auto dispense liquid inhibitor for CBOD. This is not a preferred option.

The lab uses granulated inhibitor dispensed manually for a low volume of CBOD samples analyzed.

3. Analytical Detection: Dissolved Oxygen Meter & Probe

a. The system is to be installed with a currently produced dissolved oxygen meter and optical probe with desired accuracy of at least 0.01mg/L. List the brand and model of the DO meters and probes most compatible with the system. If multiple, preference is for YSI 4010-1W Optical DO Meter and ProOBOD IDS Optical DO Probe.

b. Does the system require modification of the DO probe to work as intended? If so, please detail what modifications are made, who makes the modifications, and the cost.

c. Once running, does the system perform a QC check to verify meter and probe calibration (example: reading Nutrient Buffer sample every 10 reads)?

d. If a calibration error is detected, does the unit pause and allow the analyst stop the run for evaluation, correction, and manual recalibration? Auto calibration without analyst notification and intervention is not desired and must be able to be turned off if a default feature.

e. In case of a probe or meter failure, are probes and meters readily changed by the end user without complicated and time consuming changes to system settings? It is the intent to run the system with one meter and probe at a time. Quick plug and play is desired.

f. Does the system routinely produce Blank samples that meet the analytical method criteria of 0.20mg/L or better?

4. System Control Software: Capability for analyses other than those listed in section II.A1.b., and integration with Laboratory Information Management System (LIMS) software are not needed.

a. System software must communicate with system components to the extent necessary for automated monitoring and control.

b. The software must provide real time data during the analysis.

c. The software must be able to evaluate reagent blanks, standards, and duplicate samples adhering to analytical method quality control criteria.

d. The software must allow for memory retention of methods, instrument settings, and data in the event of a power failure.

e. The software must allow for the addition and removal of samples to a run during analysis.

f. The software should be multi-tasking: allowing for data collection while executing other tasks (processing another batch, remote troubleshooting with vendor, using another program on the controller, etc.)

g. Does system software have real-time built in remote viewing capability?

h. The final analytical results should have a resolution in at least the hundredths (x.xx) mg/L.

5. Hardware: System Controller

a. System Controller: Must be a reputable brand with the latest Windows Operating System (Windows 11 or later) compatible with vendor analytical system and software. It must have sufficient Processor, RAM, and Hard Drive capability to operate the controller, software, analytical system, data printer, data storage, internet connection, and user interaction for several days without reboot. The laboratory should receive the license key in case of controller failures and re-install.

b. Wireless Card and Internet Capability: required only for vendor remote technical support sessions as needed. Normal operation is offline, for instrument use only, and shut down at end of each day. Remote software/connection option to be recommended by vendor and be compliant with City of Lubbock IT policy. Please note, City of Lubbock IT Department has permanently blocked Team Viewer from City networks for security concerns. City of Lubbock IT Department may require install of internet security software and may restrict access to network.

c. Monitor: The controller shall be accompanied by a reputable brand flat panel monitor of standard common size, 17-19 inch.

d. Printer: The controller shall be accompanied by reputable brand black toner laser printer for data printing (preferred) or a color laser printer if the instrument software requires color printing of specific data for readability. The laboratory should receive a copy of the device driver to allow for re-install if needed.

e. System & Controller Protection: The analytical system, controller, monitor, and printer shall be protected against power loss and surges by up to two power loss/surge protection devices recommended by the vendor to be compatible with their system. The intent is to have one device protect the analytical system and the other the controller system. Power separation between the two units is intended to be additional protection design.

f. Pre-Installation of Updates and Software: With the system controller being purchased through the vendor, it is preferred the vendor update the operating system, install the system software and settings, Adobe Acrobat Reader, and anything else that would be needed for analyses and document retention. This should facilitate faster site installation.

B. Equipment and Parts

1. All products shall be new and current production models with a support cycle of at least ten years.

Discontinued models and models to be discontinued within five years are not acceptable.

Refurbished units are not acceptable. The date and location of manufacture is to be noted on the unit, readily visible, and correspond to serial number data.

Include:

Manufacture Location

Warehousing Location

Equipment and Parts Order Lead Time

2. Where are equipment and parts manufactured and warehoused? What is the average ordering lead time for equipment and parts? Concern is for supply chain availability and reasonable shipping times. Preference is for materials made in the United States and/or warehoused within the United States in sufficient quantity to meet demand.

3. Purchase is to include all necessary cables, tubing, and connectors needed for installation and initial use.

4. Payment Terms for Consumables, Parts, Service: Once the system is installed, do any system parts or service require advance payment? The Lab pays Invoices for consumable parts via credit card at the time of order. Purchase Orders (PO) are provided for orders and service above credit card limits after an Invoice has been received. Please note: PO payments will take longer due required approvals and execution of payment requests through the City Purchasing department.

Does the vendor have instances in which specific payment terms are required?

If so, please specify:

Products are shipped then invoiced for payment.

Products are shipped after payment is received.

Service visits are scheduled, conducted, then invoiced for actual work performed and parts used.

Service visits are not scheduled until payment is made in advance without details of work performed or parts to be used. Unused costs are then refunded.

EXECUTION

A. Operation Requirements

1. The software must be simple for the analyst to easily and quickly navigate, calibrate, and evaluate quality control (blanks, standards, duplicates) and sample results.

2. Does the software allow the analyst to easily stop a run and reset if an error (bad calibration or QC, samples switched, wrong dilutions, wrong samples loaded, no sample in slot, incorrect sample ID, etc.) is discovered? System modes and commands should be easy for the user to understand and select without having to guess what they do before selection.

3. The analyst should be able to set up a run, verify proper operation, then leave the unit unattended for several hours with the system automatically shutting down operations when the run is finished.

This facilitates the analyst working in another lab for the day or conducting other tasks.

4. An audible alarm is triggered when the system detects an error needing analyst attention.

5. End of run system cleaning and routine maintenance are simple and efficient.

6. The system shall be capable of running BOD and CBOD simultaneously and produce data and quality control reports for both analyses.

7. Software and system settings and data files need to be readily available to the analyst to routinely create a backup copy in case of file corruption or controller failure and need to reinstall on a new controller.

8. Does the system analyze a single sample bottle on each Initial and Final reads within two minutes?

9. Does the system have a way to detect a misalignment prior to it happening and causing damage?

10. Does the Stop command actually stop the system as requested instead of after the last command is completed?

B. Installation

1. Physical Requirements

a. System Dimensions (Height x Width x Depth, inches)

b. System Weight (pounds)

c. System Power (power plug requirements)

2. Specify how system components are connected (USB, LAN, Hubs with Ethernet Cables, etc.) and the maximum distance that components can be separated with reliable communication.

Connection

Distance

3. Installation and calibration of all equipment shall be done according to manufacturer’s instructions.

4. System installation and training shall be included in the price.

C. Special Requirements

1. The contractor shall provide upgrades of software for the duration of the warranty period at no additional cost to the City.

2. When the equipment specified herein requires service, the vendor shall provide a Loaner unit at no additional cost to the City within 48 hours of notification by the city’s representative.

3. The vendor shall provide a minimum of 16 hours (two 8 hour work days) training on the system’s operation, maintenance, and troubleshooting to City personnel at the City’s facility. The City reserves the right to record the training sessions

4. A 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 will result in non-payment.

5. Response time for on-site calls shall be no greater than 48 hours. This response time is during the warranty period and continues throughout any maintenance agreements.

6. The service agreement quoted shall include at least one annual preventative maintenance (PM) visit and unlimited emergency service calls per year. Detail what work is performed during a PM visit and what PM Kit parts/supplies are provided. PM Kit consumables that the laboratory is responsible for should be listed with description, part number, and quantity to be ordered. Any changes in part names or part numbers are to be communicated to the lab prior to a service or PM visit. Any standards or reagents that need to be prepared in advance of service and PM visits should also be communicated prior to the visit.

EXCEPTIONS

Please provide detailed explanation of any exceptions stated on your bid.

3. EVALUATION CRITERIA

3.1. The following criteria will be used to evaluate and rank submittals:

3.1.1. Price – 60 Points

3.1.1.1. Total Cost of all equipment, software, installation, training, warranties, service agreements, and consumable parts, including payment terms

3.1.2. Familiarity with Laboratory Facility – 10 Points

3.1.2.1. Is Bidder familiar with the facility which will house the instrument and the needs of the purchasing laboratory?