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HomeMy WebLinkAboutResolution - 2006-R0324 - Letter Of Award - Morrison Supply - Turbine Water Meters - 06_26_2006Resolution No. 2006-RO324 June 26, 2006 Item No. 5.22 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 Letter of Award, per RFP #06-037-MA for turbine water meters, by and between the City of Lubbock and Morrison Supply of Lubbock, Texas, and related documents. Said Letter of Award 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 26th day of June , 2006. DAVID A."MILLER, MAYOR ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Thomas Adams, Deputy City Manager APPROVED AS TO FORM: r M. Knight, Ass' t C' Attorney mUccdocs/Ltr of Award -Morrison Supply RFP 06-037-MA.res June 9, 2006 Resolution No. 2006—RO324 P.O. Box 2000 • 1625 13th Street • Lubbock, TX 79457 (806) 775-3002 * Fax: (806) 775-2051 Office of the City Manager June 8, 2006 Tommy Overstreet Morrison Supply 141 E. 42°d Street Lubbock, Texas 79404 RE: ITB #06-037-MA — TURBINE WATER METERS — ANNUAL PRICING CONTRACT #6894 Dear Mr. Overstreet: MORRISON SUPPLY has been awarded the item noted below on the Turbine Water Meters — Annual Pricing on your response to the City of Lubbock Invitation to Bid #06-037-MA. 1. Purchase Orders will be issued by the City of Lubbock and cover the category of item shown below during the period beginning June 26, 2006 and ending June 25, 2007. The purchase order number must be on the invoice sent to the City of Lubbock for payment. The City of Lubbock shall not be responsible for payment of any invoices except those orders placed pursuant to this agreement. 2. Category of Items: Item#1 3 Inch Turbine Water Meters 10 EA @ $792.12/EA 3. MORRISON SUPPLY's bid dated May 18, 2006, is incorporated into and made a part of this agreement. 4. Prices: As quoted. 5. All invoices shall be directed to: City of Lubbock Accounts Payable PO Box 2000 Lubbock, Texas 79457 6. The City of Lubbock reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City of Lubbock in the event of breach or default of this agreement. The City of Lubbock reserves the right to terminate this agreement with a thirty (30) day written notice in the event MORRISON SUPPLY fails to perform in accordance with their bid submittal dated May 18, 2006. CITY OF LUBBOCK: David A. filler Mayor APPROVED O CONTENT: homas Adams Deputy City Manager cc: Paul Nolen, Water Utilities Gaylyn Chapman, Water Administration Vendor File ATTEST: Reb cca Garza City Secretary ITB #06-037-MA, Turbine Water Meters - Annual Pricing SUBMIT TO: CITY OF LUBBOCKCITY ft OF LUBBOCK TEXAS &Contract Management// � mPurchasing 1625 131h Street, R204 jf Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez EMPLOYER #06-037-MA TEL: 806.775.2167 FAX: 806.775.2164 http:/ipurchasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Turbine Water Meters - Annual Pricing May 18, 2006, 3:00 p.m. CST PRE BID DATE, TIME AND LOCATION: May 10, 2066 @ 10:00 Any bids received after the rime and dale listed above, regardless of the mode of A.M., in the Municipal Building Purchasing Conference Room 204, delivery, shall be returned unopened. 1625 13th Street, Lubbock, Texas, RESP NDENT 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 4,� , "STATEMENT OF NO BID". CIT — S/1 TE — !P: ��� THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY s D AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT -1-0 TELEPHONE NO: pk!� ENTERINTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF TILE CITY IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO::: / �J` Qom/ C r se �U C� O e" /!!/ < REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY E-MAIL: mzese LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF. INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS FEDERAL TAX M NO. OR SOCIAL SECURITY NO. ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTFD IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER 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 and I rchased. 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 m erials, 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 wi co vey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may no%% or hereafter acquire under the ti-t st laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purch d or acquired by t City of Lubboc At the City's discretion, such assignment shall be ade and become effective at the time the City tenders final Pa to the vendor. i✓� Authorized Signatwfe Title Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 06.037-MA.doc ITB #06-037-MA, Turbine Water Meters - Annual Pricing BID FORM Turbine Water Meters - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #06-037-MA In compliance with the Invitation to Bid #06-037-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 #06-037-MA 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 ARO** 1. 10 Each 3 Inch Turbine Water Meters, with $ �i'� --� $ A D % —' 3 y standard register, asspecified herein / yl 2. 10 Each 4 Inch Turbine Water Meters, with 3 S standard register, ass specified herein 9-74 3. 5 Each 6 Inch Turbine Water Meters, with � y/i ?� standard register, ass specified herein, c / *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 �1�iolfforth. 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. 06.037•MA.doc ITB #06-037-MA, Turbine Water Meters - Annual Pricing 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 Firrr Add City M/ Fi State: Zi-7 Q-2�O W BE Woman Black American Native American rm: Hispanic American Asian Pacific Other (Specify) American By Date: Autho ed--R—e-prre's`en�t�ative - must sign by hand Officer Name and Title: Please Print Business Telephone Number O4ly ^ 7� S r �P d 1l a FAX: 940' r 74v S r d FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids 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. 06-037-MA.doc 3 By Date: Autho ed--R—e-prre's`en�t�ative - must sign by hand Officer Name and Title: Please Print Business Telephone Number O4ly ^ 7� S r �P d 1l a FAX: 940' r 74v S r d FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids 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. 06-037-MA.doc 3 ITB #06-037-MA. Turbine Water Meters - Annual Pricing Turbine Water Meters - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #06-037-MA 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 & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Turbine Water Meters - Annual Pricing per the attached specifications. Sealed bids will be received no later than 3:00 p.m. CST, May 18, 2006, if date/time stamped on or before 3:00 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 #06-037- MA, Turbine Water Meters - 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: Marta Alvarez, Interim Purchasing Manager City of Lubbock 1625 13th Street, Room 204 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. 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 10:00 A.M., May 10, 2006, in the Municipal Building Purchasing; Conference Room 204, 1625 13`h Street, Lubbock, Texas. All persons 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. 06-037-MA.doc ITB #06-037-MA, Turbine Water Meters - Annual Pricing 3 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 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 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: Marta Alvarez, Interim Purchasing Manager City of Lubbock 1625 131h Street Lubbock, Texas 79401 Fax: (806)775-2164 RFPDepot: http://www.RFPdepot,com ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPdeyot.com. 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. 4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, 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 available over the Internet at http;//www.RFPdepot.com and will become part of the proposal 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. 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 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. 5 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. The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY". 06.037-MA.doc ITB #06-037-MA, Turbine Water Meters - Annual Pricing 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 packaging 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. 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. 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. 06-037-MA.doc ITB #06-037-MA, Turbine Water Meters - Annual Pricing 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 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 5 1 % 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. 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 either item -by -item or on an all - or -none basis for any item or group of items shown on the Bid Form. 06.037-MA.doc 7 ITB #06-037-MA, Turbine Water Meters - Annual Pricing 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 margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 13.5 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. 13.6 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. 13.7 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. 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 are 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 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. 15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to 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. 15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and address and item number. 15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion, assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested 06-037-MA.doc ITB #06-037-MA, Turbine Water Meters - Annual Pricing specification sheet not be submitted with a bid, this is considered non -responsive and therefore may not be considered. PLEASE READ AND RESPOND_ TO SPECIFICATION REQUIREMENTS CAREFULLY. 16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 16.1 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: (1) 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. 16.2 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. 16.3 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 17 QUALIFICATIONS OF BIDDERS 17.1 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. 17.2 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. 18 ANTI -LOBBYING PROVISION 18.1 DURING THE PERIOD BETWEEN 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. 18.2 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. 06-037-MA.doc ITB #0"37-MA, Turbine Water Meters - Annual Pricing 19 UTILIZATION OF LOCAL BUSINESS RESOURCES 19.1 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 Manager. 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 BIDDING ITEMS WITH RECYCLED CONTENT 21.1 In addressing environmental concerns, the City of Lubbock encourages Bidders to submit bids or alternate bids containing items with recycled content. 21.2 When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. 22 CONTRACT TERM 22.1 The purpose of this Invitation to Bid is to set for a period of one (1) year firm pricing for items described herein. The contract has the option of two extensions, one (1) year each, upon mutual agreement between the City of Lubbock and the supplier at the end of the initial contract period. The extension(s) will be granted only under the same contract prices and terms and conditions. 21.2 All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be detemuned by actual need The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know of any bid requirement causing you difficulty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. Ifyou have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2165. 06-037-MA.doc 10 ITB #06-037-MA, Turbine Water Meters - Annual Pricing II. 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. IQuantities: The quantities appearing in this Invitation to Bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City provided herein, and further recognizes that the Seller shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted. Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. Invoices: Seller 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 Seller 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. Delivery Delay: When delivery delay can be foreseen, the Seller shall give prior notice to the Purchasing Manager, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The Seller must keep the Purchasing Manager informed at all times of the status of the order. Default in any manner under the contract, including, but not limited to default on promised delivery, without acceptable reasons, or failure to meet specifications hereunder authorizes the Purchasing Manager to purchase goods elsewhere and charge any increase in cost and handling to the defaulting Seller, and/or exercise any and all rights available to it by law, equity and/or under the terms of the contract. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. No Warranty By The City Against Infringements: As part of the contract for sale, Seller 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 Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. If Seller 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, Seller will save The City harmless. If Seller 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. Gratuities: The City may, by written notice to the Seller, cancel the contract or purchase order without liability to Seller if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, 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 Seller in providing such gratuities. 7 Warranty -Price: a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by other parties for products of the kind and specification covered by the contract for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches 06-037-MA.doc 1 i ITB #06-037-MA, Turbine Water Meters - Annual Pricing this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. The City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel the contract without liability and to deduct from the Contract price, or otherwise recover the full amount of such claimed commission, percentage, brokerage, or contingent fee. 8 Cancellation: The City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent and/or files bankruptcy or has bankruptcy filed against it. Such right to cancellation is in addition to and not in lieu of any other remedies which the City may have in law, equity or hereunder. 9 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) 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.) 10 Termination: The contract or purchase order may be terminated in whole, or in part by the City. Termination hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which the contract or purchase order is terminated and the date upon which such termination becomes effective. In the event of said termination, in whole or in part, provided that Seller shall not be in default under the Contract, the Seller shall be entitled to payment only for goods actually delivered, and/or services actually performed under and in compliance with the terms of the contract or purchase order. 11 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. 12 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 13 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. 14 Interoretation-Parole Evidence: This writing, plus any specifications for bids and performance provided by the City in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the contract, the definition contained in the Code is to control. 15 Applicable Law: The Contract shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code is used, it shall be construed as meaning the Uniform Conunercial Code as adopted in the State of Texas as effective and in force on the date of the contract. 16 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. 17 Indemnification: Seller shall 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 therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the 06.037•MA.doc 12 ITB #06-037-MA, Turbine Water Meters - Annual Pricing Seller shall, at its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond required by the contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. 18 Nonapprop iation: 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. 19 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Seller to meet the time specifications of the contract will cause Seller to be in default of the contract. 20 Silence of Soecification: 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. 21 Environmental Stewardshi The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub- contractors under their supervision, will: • minimize waste and pollution generation; • conserve natural resources and energy; • minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; • use the highest available post -consumer content materials and products; • recycle and/or reuse as much as is possible, waste materials; and • incorporate into project design energy efficient fixtures, appliances and mechanical equipment. 06-037-MA.doc 13 ITS #06-037-MA, Turbine Water Meters - 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: Marta Alvarez, Interim Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your ITB #06-037-MA 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 products 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: State: zip Contact Name: Business Telephone Number. Internet Address: Company's Internet Web Page URL: Title: FAX: 06.037-MA.doc 14 ITB #06-037-MA, Turbine Water Meters - Annual Pricing 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. I, 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: Signature of Compar Date Signed Printed name of company official signing above: I� 06.037•MA.doc 15 ITB #06-037-MA, Turbine Water Meters - Annual Pricing 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: (1) 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, Interim Purchasing Manager City of Lubbock 1625 I P Street, Room 204 Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. Local Business Name: /se-d 94 Local Address (must be within the City limits): ri r A419—f G`�,- �bL... ^ , ( ;7L Address of the company's principal place of business within the United States: L,ak2& 9CX*— I 1. How many residents of the City of Lubbock are employed at the above business location? C9 2. Year your business was established in the City of Lubbock: 3O 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. Does your business have more than one office in the State of Texas? '- Y s No If Yes, identify the gffice location considered as the point -of sale credit for sales tax purposes: 5. Was the loc 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? /' No Under penalty of perjury, the undersigned states that the for o g statements are true and correct. It is further acknowledged that any person, firm, corporation or entity intentionally submitting false info th ' n to the Ci in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and smice�a period of one (1) fir. Authorized Signature: Printed Name and Title: Date: 5— 06-037-MA.doc 16 ITB #06-037-MA, Turbine Water Meters - Annual Pricing CITY OF LUBBOCK WATER UTILITIES DIVISION GENERAL INFORMATION FOR BIDDERS COLD WATER METERS 3"- 6"CLASS II TURBINE TYPE METERS ANNUAL METER PRICING FOR 2006 1. The American Water Works Association (AWWA) standard C701-02 is adopted in whole by the City of Lubbock Water Utilities Department, except where noted in the supplementary specification for 3" - 6" Class II Turbine Water Meters - Annual Pricing - Annual Pricing. At the time a vendor submits the bid, they shall provide an affidavit of compliance for each type or brand of meter bid. The affidavit of compliance from the manufacturer shall state that the proposed meter(s) meet the technical requirements of the AWWA standard C701-02 and the supplementary requirements of the City of Lubbock. GENERAL INFORMATION FOR BIDDERS The vendor shall submit with the bid: A. The manufacturer's warranty B. Current parts price list for each type of meter bid. C. Bid should include price for meter with standard register and additional cost for an electronic register. Proposed meter descriptions submitted by vendors prior to bid award (as per paragraph 2) will be reviewed by the Director of Water Utilities, Metering and Customer Service Supervisor and the Purchasing Manager to determine if the meter meets the intent of the specification. Any meter not previously evaluated through shop and field tests for at least one year by the City of Lubbock shall be rejected. 3. All meters submitted to the City of Lubbock for shop and field test shall be free of charge and becomes the property of the City of Lubbock. Any meter that does not meet the requirements of AWWA C701-02 standard and the City of Lubbock supplementary requirements as outlined in this document shall be rejected. 06-037•MA.doc 17 ITB #06-037-MA, Turbine Water Meters - Annual Pricing SECTION 1: GENERAL SEC 1.1 Scope AS STATED IN AWWA STANDARD C701-02 THE CITY OF LUBBOCK BID IS FOR CLASS II TURBINE WATER METERS - ANNUAL PRICING - ANNUAL PRICING AS DESCRIBED IN SEC. 1.1 PARAGRAPH 1.1.2 Sec 1.2 Purpose AS STATED IN AWWA STANDARD C701-02 FOR CLASS II TURBINE METER Sec 1.3 Application AS STATED IN AWWA STANDARD C701-02 SECTION 2: RERFRENCES AS STATED IN AWWA STANDARD C701-02 SECTION 3: DEFINITIONS AS STATED IN AWWA STANDARD C701-02 SECTION 4: REQUIREMENTS Sec. 4.1 Choice of Materials AS STATED IN AWWA STANDARD C701-02 Sec. 4.1.2 Meter and strainer main casing Main casings shall be of a copper alloy containing not less than 75 percent copper. Sec 4.1.2.1 Strainer Screen If an external mainline strainer is provided, the screen shall be made of stainless steel per ASTM A240 Sec. 4.1.3 Register -Box Rings and Covers Register -box rings and covers shall be made of a copper alloy containing not less than 57 percent copper. Sec. 4.1.4 Measuring Cages Shall be of a copper alloy containing not less than 85 percent copper. Sec. 4.1.5 Measuring Turbines AS STATED IN AWWA STANDARD C701-02 Sec. 4.1.6 Turbine Spindles AS STATED IN AWWA STANDARD C701-02 Sec. 4.1.7 Gear Trains 06-037-MA.doc 18 ITS #06-037-MA. Turbine Water Meters - Annual Pricing AS STATED IN AWWA STANDARD C701-02 Sec. 4.1.8 External Fasteners (Casing Bolts, Nuts, Screws, and Washers) Casing bolts, nuts, screws, and washers shall be made of a copper alloy containing not less than 57 percent copper; or of stainless steel. Fasteners for non -pressure assemblies may be made of a suitable engineering plastic. Sec. 4.1.9 Coupling Tailpieces and Nuts N/A Sec. 4.1.10 Companion Flanges Companion flanges for 3" -- 6" meters shall be made of cast-iron. SECTION 4.2 General Design Sec.4.2.1 Size AS SHOWN IN AWWA STANDARD C701-02, TABLE 1 See.4.2.2 Capacity AS SHOWN IN AWWA STANDARD C701-02, TABLE 1 Sec. 4.2.3 Length, Width, and Height Maximum overall meter length, face to face of flanges, shall not be greater than shown in Table 2. Meter width and height shall not be greater than those shown in Table 2. The distance from the centerline of the meter outlet to the lowest point on the meter bottom shall not be greater than shown in Table 2 of AWWA STANDARD C701-02. Sec. 4.2.4 Test Plugs A test plug shall be provided on all meters 3" and larger. Test plugs should be no less than 1 1/2 inch in diameter. Sec. 4.2.5 Pressure Requirement AS STATED IN AWWA STANDARD C701-02 Sec.4.2.6 Accessibility AS STATED IN AWWA STANDARD C701-02 Sec. 4.2.7 Registration Accuracy Meters shall meet the following requirements for accuracy with water at a temperature less than 80 degrees F (27 degrees Q. Sec.4.2.7.1 N/A Sec. 4.2.7.2 Class II meters shall register not less than 98.5 percent and not more than 101.5 percent of the water that actually passes through at any rate of flow within the normal test flow limits set forth in Table 1. 06.037-MA.doc 19 ITB #06-037-MA, Turbine Water Meters - Annual Pricing SECTION 4.3 Detailed Design Sec. 4.3.1 Main Case AS STATED IN AWWA STANDARD C701-02 Sec. 4.3.2 External -Case Screws, Bolts, Nuts and Washers AS STATED IN AWWA STANDARD C701-02 Sec. 4.3.3 Main -Case Connections Sec.4.3.3.1 N/A Sec.4.3.3.2 N/A Sec. 4.3.3.2.1 N/A Sec. 4.3.3.2.2 Flanged connections shall be faced and drilled and shall be of the round or oval type. The number of bolt holes and the diameter of the bolt holes and bolt circle shall be as stated in table 3. Sec.4.3.3.2.3 N/A Sec. 4.3.3.3 AS STATED IN AWWA STANDARD C701-02 Sec. 4.3.4 Companion Flanges Companion flanges, gaskets, bolts, and nuts shall be provided. Dimensions shall conform to Table 3. AS SHOWN IN AWWA STANDARD C701-02 Sec.4.3.4.1 N/A Sec. 4.3.4.2 AS STATED IN AWWA STANDARD C701-02 Sec.4.3.5 Registers Registers shall be straight -reading, permanently sealed by the manufacturer, and shall read in US gallons. The register mechanism shall not be in contact with the water that is being measured. The City of Lubbock requires meters to be capable of being equipped with a remote read register that is of the pulse generator, 4- 20 milliamp or radio signal generating type to allow future meter reading conversion. 4.3.5.1 AS STATED IN AWWA STANDARD C701-02 4.3.5.2 AS STATED IN AWWA STANDARD C701-02 4.3.5.3 AS STATED IN AWWA STANDARD C701-02 4.3.5.4 AS STATED IN AWWA STANDARD C701-02 4.3.5.5 AS STATED IN AWWA STANDARD C701-02 4.3.5.6 AS STATED IN AWWA STANDARD C701-02 4.3.5.7 AS STATED IN AWWA STANDARD C701-02 4.3.5.8 06-037-MA.doc 20 ITB #06-037-MA, Turbine Water Meters Annual Pricing Sec. 4.3.6 Register Boxes The lid shall be recessed and shall overlap the register box to protect the lens. The lens shall be securely held in place. When a meter is equipped with a remote register, the register -box lid may be omitted. Sec. 4.3.7 Gear Trains Gear trains may be mounted on the measuring chamber or cage or in the main casing. When not exposed to water, they may be combined with or adjacent to the register gearing. Gear trains located in the line of flow shall be constructed of self-lubricating materials. They shall have separate housings or measuring chamber. Sec. 4.3.8 Measuring Chambers or Cages AS STATED IN AWWA STANDARD C701-02 See.4.3.9 Strainers Meters shall be provided with strainers. Strainers shall incorporate screen elements that are rigid and removable, without disturbing the connections to the pipeline, and have an effective straining area at least double that of the meter main case inlets. Sec. 4.3.10 Tamper -Resistant Features AS STATED IN AWWA STANDARD C701-02 SECTION 5: VERIFICATION See. 5.1 Basis for Rejection Meters not complying with all requirements of AWWA C702-02 and the City of Lubbock specifications shall be rejected. See also General Information for Bidders. Rejected meters: If the award is given to a vendor whose meters meet specifications at the time of the award and fail to remain in specification throughout the contract, then, the manufacturer shall replace all meters rejected for failure to comply with these specifications. Workmanship and materials: The manufacturer shall replace, without charge, those parts in which defects have developed within two years of shipment. This shall be done on the return of the defective parts to the manufacturer or on proof of a defect; however, this warranty shall not apply if the meter has been modified with replacement parts not made by the manufacturer of the meter. The manufacturer/supplier shall bear all costs for returned meters. SECTION 6: DELIVERY 6.1 Markings AS STATED IN AWWA STANDARD C702-02 6.1.1 Register Boxes The name of the manufacturer shall be permanently impressed on the lid of the rep--ister box. The serial number of the meters, provided by the City of Lubbock, shall be imprinted on the lid and meter body. The city of Lubbock will require all meters at the time of bid opening to be certified as having the ability to be equipped digital and remote read-outs, utilizing at minimum switch closures. Meters that do not have this capability at the time of the bid opening shall be rejected. 6.2 Packaging and Shipping The total number of meters ordered must be delivered within 30 days of receipt of the purchase orders. 06.037-MA.doc 21 r ITB #06-037-MA, Turbine Water Meters - Annual Pricing 06-037-MA.doc 22 ` t CITY OF LUBBOCK c. It U R C HA S E O R D E R T0. 4ORRISON SUPPLY COMPANY L41 E 42ND STREET -UBBOCK TX 79404 Page - Date - Order No. Brn/Plt - SCIP OF LUBBOCK WATER UTILITIES OPERATIONS 402 MUNICIPAL DR LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 ` r LUBBOCK TX. 79437 BY: Ordered - 01/09/07 Freight - FOB Destination Frt Prepaid R quested - 01/09/07 Taken By - FELIX ORTA D livery - PER P. NOLEN REQ# 28569 ITB# 06-037-MA ANNUAL PRICING 1 1/09/07 305494 000 OP 3511 Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. D ............................ ........... .. ........... -------------- ........ 3 INCH TURBINE WATER METERS 40.000 EA 792.1200 EA 31,684.80 02/16/(7 Starting with meter number 20045254 and ending with meter number 20045293. purchase order encumbers funds in the amount of $31,684.80 for a bid awarded to Morrison Supply pany of Lubbock, Texas on May 18, 2006 in accordance with Resolution No.2002-R0323. The following are -porated into and made part of this purchase order by letter of ratification of Resolution No. 2002-110323. 1TY OF LUBBOCK,) / �11- JIATTEST: A. Miller, AS TO FORM: City Secretary Total Order ----------------------------------•- erms NET 30 DAYS 31,684.80