HomeMy WebLinkAboutResolution - 2006-R0597 - Letter Of Agreement With Master Meter For Water Meter Replacement-Annual Pricing - 12_19_2006Resolutiou No. 2006-RO597
December 19, 2006
Item No. 5.24
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute a Letter Agreement and any associated documents with Master Meter of
Mansfield, Texas, for water meter replacement —annual pricing (ITB 06-074-RV), which
Letter Agreement and any associated documents are attached hereto as Exhibit A and
made a part hereof for all intents and purposes.
Passed by the City Council this 19th day of December '2006.
D• 1D A. MILLER,•'
ATTEST:
Reb ca Garza, City Secretary
APPROVED AS TO CONTENT:
�L
Victor Kilma Director of Purchasing
and Contract Management
APPROVED AS -TO FORM:
Don Vandiv6r, Attorney of
DDres/MasterMeterUrAgree06Res
December 1, 2006
Resolution No. 2006—RO597
December 19, 2006
Item No. 5.24
Office of
Purchasing
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 • Fax (806) 775-2164
December 19, 2006
Master Meter
Attn: Ronnie Veach
101 Regency Parkway
Mansfield, TX 76063
RE: ITB #06-074-RW - WATER METER REPLACEMENT - ANNUAL PRICING
Dear Mr. Veach:
MASTER METER has been awarded the items noted below for Water Meter Replacement
- Annual Pricing based on your response to the City of Lubbock Invitation to ITB #06-074-RW.
U.8 " %�q'1\0%
1. A Purchase Order will be jssued.y the City of Lubbock and covers the category of
items shown below, and nduring the period beginning December 19, 2006
and ending December 18,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 5/8 x 3/4 inch Multi -Jet
Water Meters 2000 @ $33.76/EA
Item 2 1 inch Multi -Jet
Water Meters 1500 @ $72.68/EA
3. MASTER METER's bid dated October 25t", 2006 is incorporated into and made a
part of this agreement.
4. Prices: As quoted.
1
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 MASTER METER fails to perform in accordance with their bid dated
October 25, 2006.
CITY OF LUBBOCK:
David A. M" ler
Mayor
APPROVED AS TO CONTENT:
V&CqEalm� ,
Victor Kilma
Director of Purchasing It
Contract Management
APPROVED AS TO FORM:
A orney
cc: Paul Nolen, Water Utilities
Bid Folder
ATTEST:
9;-� --IE
Rebecca Garza
City Secretary
6£'/-�x-1,✓Hc CO/V
ITB #06-074-RW, Water Meter Replacement - Annual Pricing
SUBMIT TO:
. Y s
CITY OF LUBBOCK
CITY OF LUBBOCK, TEXAS
Purchasing & Contract Management
1625 13'h Street, Rm 204
Lubbock, Tx 79401-3830
AN EQUAL
INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Randy Wood
EMPLOYER
#06-074-RW
TEL: 806.775.2167
FAX: 806.775.2164
httpJ/purchasing.ci.lubbock.tx.us
TITLE:
SUBMITTAL DEADLINE:
Water Meter Replacement - Annual Pricing
October 24, 2006, 3:00 PM CST
PRE BID DATE, TIME AND LOCATION:
Any bldr received ajla the tune and date I&W above, regardko of Ate mole of
October 10, 2006 @ 10:00 AM, Conference Room 204
idimy. sbaU be reftmwd wmopened
RESPONDENT NAME.
Master Meter, Inc.
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE
CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
"STATEMENT
MAILING ADDRESS:
101 Regency Parkway
OF NO BID".
CITY — STATE — ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
Mansfield, TX 76063
AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE
COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO
TELEPHONE NO:
800-765-6518
ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE
CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO:
817-842-8100
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY
TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY
E-MAIL:
rveach@mastermeter.com
LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF,
INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS
FEDERAL TAX ID NO. OR SOCIAL SECURITY NO.
ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN
75 —17395 75
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 articles purchased. Will any officer or employee of the City, or member of their immediate family,
benefit from the award of this bid to the above firm?_ YES X 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 ray signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation,.finn, business entity, or person
submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the
offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, ride, and interest in and to all causes of action it may now or
hereafter acquire under the Anti-trust la4 of the United and the State of Texas for price fixing relating to the particular commodity(s) or service (s)
purchasedquired by the City of Lu k. At the Ci 's iscretion, such assignment shall be made and become effective at the time the City tenders final
paym�r vendor. ! Vice President
borized Signature / Title
Ronnie Veach 10-13-06
Print/Type Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
06.074- RW ITBBestVal. doc
ITB #06-074-RW, Water Meter Replacement - Annual Pricing
BID FORM
Water Meter Replacement - Annual Pricing
CITY OF LUBBOM TEXAS
ITB #06-074-RW
In compliance with the Invitation to Bid #06-074-RW, 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 06-074-RW is by reference incorporated in this
contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITE
UNIT
OF
UNIT
PRICE*
RICE*
Extended
Delivery
M
QTY
MEAS
DESCRIPTION
Cost
Days
b.
URE
d
f. = b x e
ARO**
G
1.
2,000
'►
5/8-inch x 3/4-inch Multi jet meters with
standard register, as specified herein.
$ 33.76
$ 67,520.00
15-45
2.
1,500
EA
1-inch Multi jet meters with standard register,
$
$
as specified herein.
72.68
109 , 020.00
15-45
3.
50
EA
1.5-inch Multi jet meters with standard
$
$
register, asspecified herein.
177.29
8,864.50
15-45
4.
50
EA
2-inch Multi jet meters with standard register,
$
$
ass ecified herein.
272.67
13 633.50
15-45
5.
10
EA
3-inch Compound meters with standard
$1534.89
$ 15,348.90
30-45
register, asspecified herein.
6.
10
EA
4-inch Compound meters with standard
register, as specified herein.
$2141.40
$ 21, 414.00
30-45
7.
5
EA
6-inch Compound meters with standard
register, asspecified herein.
$3518.84 1
$ 17,594.20 1
30-45
*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 0 %, net 30 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 sball 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?
06-074-RWITaBestVat.doc 2
ITB #06-074-RW, Water Meter Replacement - Annual Pricing
Other governmental entities that might have interests in this contract are Frenship Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas
Municipal Power Agency, Lynn County, and City of Wolfforth.
YES X NO
• If you (the bidder) checked YES, the following will apply:
• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbock will
be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this
solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that
governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another
governmental entity's debts. Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY Master Meter, Inc. a corporation organized under the
laws of the State of Texas , or a partnership consisting of
or an individual trading as
Mansfield
Firm: Master Meter, Inc.
Address: 101 Regency Parkway
City:_.
M/WBE
Firm:
Mansfield
State: TX Zip 76063
of the City of
Woman
Black American
Native American
Hispanic American
Asian Pacific
American
Other (Specify)
By
Authorized Representativ - must sign by hand
Officer Name and Title: Ronni Veach, Vice President
800-765-6518
Business Telephone Number FAX:
FOR CITY USE ONLY
Bid Form Item Number(s) Awarded to Above Named Firm/Individual:
10-13-06
817-842-8100
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.
06-074-W Baestvat.doc 3
ITB #06-074-RW, Water Meter Replacement - Annual Pricing
Water Meter Replacement - Annual Pricing
CITY OF LUBBOCK, TEXAS
ITB #06-074-RW
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 Water Meter
Replacement - Annual Pricing per the attached specifications. Sealed bids will be received no later
than 3:00 p.m. CST, October 24, 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 #06-074-RW," Water Meter Replacement - 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, Purchasing Manager
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a
bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand
deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of
Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier
agent who fails to deliver in accordance with the time and receiving point specified.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form
must be completed in blue or black ink or by typewriter.
1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be
withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by
bidder guaranteeing authenticity.
1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
2 PRE -BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Invitation to Bid (ITB) documents, a pre -bid meeting will be held at
10:00 A.M., October 10, 2006, in Conference Room 204, 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.
06.074-RWrMestVal,doc 4
ITB #06-074-RW, Water Meter Replacement - Annual Pricing
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
sin a 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:
Randy Wood, Senior Buyer
City of Lubbock
1625 13m Street
Lubbock, Texas 79401
Fax: (806)775-2164
RFPDepot: hqp://www.RFPdepot.com
4 ADDENDA & MODIFICATIONS
4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over
the Internet at htty://www.RFPdepot.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.RFPdgpot.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.
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".
06.074-RWITNestVal.doc 5
ITB #Q6-074-RW, Water Meter Replacement - 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 agy 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.
06-074•RWITHestVal. doc
ITB #06-074-RW, Water Meter Replacement - Annual Pricing
8.3 Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open
Records Act.
9 LICENSES, PERMITS, TAXES
9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder
is or may be required to pay.
10 HISTORICALLY UNDERUTILIZED BUSINESS (RUB) REQUIREMENTS
10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids
and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration of an award.
10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled by one or
more socially and economically disadvantaged individuals, or in the case of any publicly owned business,
at least 51 % of the stock of which is owned by one ore more socially and economically disadvantaged
individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic
Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans.
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.
06-074 RW rrB BestVat. doc
ITB #06-074-RW, Water Meter Replacement - 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.
13.8 The Contract period shall be for a period of two (2) years subject to one (1) additional year renewal.
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 fi-ee 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
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meets specifications will not do us much good if delivery is two years from now). Should a requested
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 famish 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.
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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.
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 diculty in responding to our Invitation to Bid. We want to facilitate your
participation so that all responsible vendors can compete for the Citys 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.
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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.
1 Quantities: 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.
2 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,
4 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.
5 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
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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 Interpretation -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 Commercial Code as adopted in the State of
Texas as effective and in force on the date of the contract.
16 Riaht 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
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action, the 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 Nona r%riation: 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 fiords 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 Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a
detailed description concerning any point, shall be regarded as meaning that only the best commercial products and
practices are to prevail and that only material and workmanship of the finest quality are to be used. All interpretations
of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract
shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to
materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of
such items and shall be an established supplier of the item bid.
21 Environmental Stewardship
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:
• minimise 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.
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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 recelpt of bid to: Marta Alvarez, Purchasing Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas
79457.
We, the undersigned, have declined to bid on your ITB # 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 sped below)
Company Name:
Address:
City: State: Zip
Contact Name: Title:
Business Telephone Number FAX:
Internet Address:
Company's Internet Web Page URL:
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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.
Master Meter, Inc.
Cd�ngmwl
Signature of Company Official:
Date Signed:
10-13-06
Printed name of company official signing above:
Ronnie Veach
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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, Purchasing Manager
City of Lubbock
1625 13' Street, Room 204
Lubbock, TX 79401
Complete all areas below. Incomplete affidavits may be rejected.
Local Business Name:
Local Address (must be within the City limits):
Address of the company's principal place of business within the United States:
1. How many residents of the City of Lubbock are employed at the above business location?
2. Year your business was established in the City of Lubbock:
3. For transactions that require sales tax, provide the following Reseller information:
Reseller Permit Number:
Company Name and Address (as it appears on permit):
4. Does your business have more than one office in the State of Texas? Yes No
If Yes, identify the office location considered as the point -of sale credit for sales tax purposes:
5. Was the local business required to pay business and/or real property tax for the most recent tax year?
Yes No
If Yes, did the local business pay any of this tax to the City of Lubbock? Yes No
Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm,
corporation or entity intentionally submitting false information to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City
of Lubbock products and services for a period of one (1) year.
Authorized Signature:
Printed Name and Title:
Date:
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CITY OF LUBBOCK WATER UTILITIES DIVISIONS
GENERAL INFORMATION FOR BIDDERS
COLD WATER METERS 5/8 x 3/4" THRU 2" MULTIJET TYPE
FISCAL YEAR 2006-2007
1. The American Water Work Association standard C708-96 adopted in whole by the City
of Lubbock Water Utilities Department, except where noted in the specifications for
5/8X3/4 inch thru 2 inch Multi -Jet meters.
2. 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 AWWA
Standard C708-96 and the requirements of this document.
3. The vendor shall submit with the bid:
A. Current price list for replacement parts.
B. The manufacturer's warranty
C. Bid should include pricing for meter with standard register and additional cost for
electronic register.
4. Proposed meter descriptions submitted by vendors prior to award (as per paragraph 2)
will be reviewed by the Director of Water Utilities, Metering and Customer Service
Supervisor, Meter Repair Foreman and the Purchasing Manager to determine if the
meter meets the requirement of the specifications. Any meter not previously evaluated
through shop and field tests for one year the City of Lubbock shall be rejected.
5. Any meter that does not meet the requirements of AWWA C708-96 standard and the
City of Lubbock's supplementary requirements in this document shall be rejected.
6. 1 All. meters submitted for shop or field test prior to the bid award shall be free of charge
to the City of Lubbock and becomes the property of the City of Lubbock.
7. Basis for Rejection
Meters not complying with all requirements of AWWA C708-96 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 meets specification 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.
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9. 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 cost
for returned meters.
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CITY OF LUBBOCK SPECIFICATIONS COLD -WATER METERS
5/8 X 3/4 INCH THRU 2 INCH MULTI -JET METERS
SECTION 1: GENERAL
Sec.1.1 Scope
AS STATED IN AWWA STANDARD C708-96
Sec.1.2 Purpose
AS STATED IN AWWA STANDARD C708-96
Sec.1.3 Application
SEE GENERAL INFORMATION FOR BIDDERS
SECTION 2: REFERENCES
AS STATED IN AWWA C708-96 AND ACCORDING TO THE SPECIFICATION
REQUIREMENTS FOR THE METER AS SPECIFIED BY THE CITY OF
LUBBOCK.
SECTION 3: DEFINITIONS
As Stated in AWWA Standard C708-96
SECTION 4• MATERIALS
As Stated in AWWA C708-96 And According To The Specification Requirements For
The Meter As Specified By The City Of Lubbock.
4.1 Materials
4.1.1.1 As Stated In AWWA C708-96_
4.1.2 Meter Main Casing
Main casing shall be made of either a copper alloy containing not less than 75 percent
copper as listed in UNS C84400, UNS C93200, or a similar copper alloy as listed in
ASTM B584.
(Second and third Paragraphs) AS STATED IN AWWA STANDARD C708-96
4.1.3 Register Box Ring and Lid:
Register box ring and lid shall be made of a copper alloy containing not less than
57percent copper such as UNS C85700 or UNS C86200; or a similar copper alloy, as
listed inASTNb584, or UNS C85800, as listed in ASTM B 176.
06-074-RWITNescvaLdac 19
IM #06-074-RW, Water Meter Replacement - Annual Pricing
4.1.4 Measuring Cages or Chambers:
AS STATED IN AWWA STANDARD C708-96
4.1.5 Measuring Rotors:
AS STATED IN AWWA STANDARD C708-96
4.1.6 Rotor Spindles
AS STATED IN AWWA STANDARD C708-96
4.1.7 Intermediate Gear Trains
Frames, gears, and pinions of intermediate gear trains exposed to water shall be made of
a copper alloy containing not less than 85 percent copper, or of other suitable on
corrosive metals, or of a suitable engineering plastic.
4.1.8 External -Case Closure
AS STATED IN AWWA STANDARD C708-96
4.1.9 Coupling Tailpieces and Nuts
Non applicable.
4.1.10 Companion Flanges:
Non applicable.
4.1.11 Covers, Top or Bottom:
AS STATED IN AWWA STANDARD C708-96
4.1.11.1 Breakable (frost protection)
All frost protection shall be of the breakable bottom type.
Material as stated in 4.1.11.1.
4.1.11.2 Non Applicable
06-074-RWIT88estVaLdoc 20
ITB #06-074-RW, Water Meter Replacement - Annual Pricing
SECTION 4.2: GENERAL DESIGN
4.2.1 Size
Meters 5/8X3/4 thru 2" inch will be the threaded screw end type. As Shown Table 1 of
AWWA STANDARD C708-96
4.2.2 Capacity
AS SHOWN IN TABLE 1.1, AWWA STANDARD C708-96 (U.S. GALLONS)
4.2.3 Length
AS SHOWN IN TABLE 2, AWWA STANDARD C708-96
4.2.4 Pressure Requirement
AS STATED IN AWWA STANDARD C708-96
4.2.5 Non -Applicable
4.2.5.1 Non -Applicable
4.2.5.2 Non -Applicable
4.2.6 Frost -protection Devices:
Shall be of the design that they will yield or break under normal freezing conditions in
order to minimize damage to any part of the meter.
4.2.7 Accessibility:
AS STATED IN AWWA STANDARD C708-96
............... ................. .
4.2.8 Registration Accuracy:
AS STATED IN AWWA STANDARD C708-96
4.2.8.1 Normal Flow Limits:
AS STATED IN AWWA STANDARD C708-96
4.2.8.2 Minimum Flow Rates:
AS STATED IN AWWA STANDARD C708-96
4.2.9 Calibration Adjustment:
AS STATED IN AWWA STANDARD C708-96
06-074-RVAT88estVal.dac 21
1TB #06-074-RW, Water Meter Replacement - Annual Pricing
SECTION 4.3: DETAILED DESIGN
43.1 Main Case
AS STATED IN AWWA STANDARD C708-96
4.3.2 External -Case Fasteners and Seals:
AS STATED IN AWWA STANDARD C708-96
43.3 Connections
Main case connections for 11/2-in and 2-in meters will be the threaded screw end type on
both ends.
43.3.1 AS STATED IN AWWA STANDARD C708-96
4.3.3.2 Casing Spuds For Larger Meters:
Non -Applicable
43.3.3 Casing Flanges
Non -Applicable
4.3.4 Meter Coupling (Tail -Pieces)
Not required in this specification.
4.3.5 Companion Flanges:
Not Applicable
4.3.6. Register:
Registers shall be straight reading and shall read in US gallons.
4.3.6.1 Register Type:
All register shall be of the dry type
4.3.6.1.1 Permanently Sealed Register:
The register shall be of the permanently sealed type.
4.3.6.1.2 Not Applicable
43.6.2 Number wheel Numerals:
The numeral on the number wheels of straight reading registers should not be less than
5/32 in height and should be readable at a 450 angle from the vertical.
06-074•RWfnBestVaLdoc 22
ITB #06-074-RW, Water Meter Replacement - Annual Pricing
4.3.6.3 Lock and Side Gears:
AS STATED IN AWWA STANDARD C708-96
4.3.6.4 Tumbler Pinions:
AS STATED IN AWWA STANDARD C708-96
4.3.6.5 Main and Pinion Shaft
AS STATED IN AWWA STANDARD C708-96
4.3.6.6 Maximum and Minimum Indications:
AS STATED IN AWWA STANDARD C708-96
4.3.6.7.Test Index Circle and Hands:
AS STATED IN AWWA STANDARD C708-96
4.3.6.8 Center -Sweep Test Hands:
Registers shall be provided with center -sweep test hand and designed as stated in
4.3.6.8
4.3.7 Register Boxes:
The serial number provided by the City of Lubbock will be imprinted on the meter lid
and meter body. The register box ring and lid shall be of a copper alloy (brass).
AS STATED IN AWWA STANDARD C708-96
4.3.8 Measuring Chambers or Cages:
AS STATED IN AWWA STANDARD C708-96
4.3.9 Strainers:
AS STATED IN AWWA STANDARD C708-96
4.3.10 Tamper -Resistant Features:
06-074-RWITBBestVal.doc 23
ITB #06-074-RW, Water Meter Replacement - Annual Pricing
SECTION 5: VERIFICATION
5.1 Meters not complying with all requirements of AWWA C708-96 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 meets specification 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 cost
for returned meters.
SECTION 6: DELIVERY
6.1 Markings:
The meter size and direction of flow through the meter shall be marked on the
permanently on the outer case. The serial number provided by the City of Lubbock shall
be permanently marked on the outer case. (Also see 4.3.7 of this specification)
6.2 Packaging and Shipping
The total number of meters ordered must be delivered within 30 days of the
notification of authorization to purchase or receipt of the Purchase order.
6.3 Affidavit of Compliance:
See general information for bidder
06-074-RWffB6estVaLdoc 24
ITB #0"74-RW, Water Meter Replacement - Annual Pricing
CITY OF LUBBOCK WATER UTILITIES DIVISION
GENERAL INFORMATION FOR BIDDERS
COLD -WATER METERS 3" THROUGH 6" COMPOUND TYPE H
FISCAL YEAR 2006 - 2007
1. The American Water Work Association standard C702-01 adopted in whole by the City
of Lubbock Water Utilities Department, except where noted in the specifications for 3"
- 6" Compound Meters. The specification is for a multiple registered in -line meter.
2. 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 AWWA
Standard C702-01 and the requirements of this document.
3. The vendor shall submit with the bid:
A. Current price list for replacement parts.
B. The manufacturer's warranty
C. Bid should include pricing for meter with standard register and additional cost for
electronic register.
D. All meters shall be bid with all accessories such as trimming valves and other
accessories that will make the meter a complete unit and function as specified
allowing the meters to be tested in whole or in part.
4. Proposed meter descriptions submitted by vendors prior to award (as per paragraph 2)
will be reviewed by the Director of Water Utilities, Metering and Customer Service
Supervisor, Meter Repair Foreman and the Purchasing Manager to determine if the meter
meets the requirement of the specifications. Ammeter not previously evaluated through
shop and field tests for one year by the City of Lubbock shall be rejected.
5. Any meter that does not meet the requirements of AWWA C702-01 standard and the
City of Lubbock's supplementary requirements in this document shall be rejected.
6. All meters submitted for shop or field test prior to the bid award shall be free of charge
to the City of Lubbock and becomes the property of the City of Lubbock.
7. Basis for Rejection
Meters not complying with all requirements of AWWA C702-01 and the City of
Lubbock specifications shall be rejected. See also General Information for Bidders.
O6.074RWITBBestVal.doc 25
ITB #06-074RW, Water Meter Replacement - Annual Pricing
8. Rejected meters: If the award is given to a vendor whose meters meets specification 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.
9. 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 cost
for returned meters.
06-074RW1TB8estVa1.doc 26
ITB t106-074-RW, Water Meter Replacement - Annual Pricing
CITY OF LUBBOCK SPECIFICATIONS COLD -WATER METERS - COMPOUND
TYPE H
SECTION 1: GENERAL
See.1.1 Scope
AS STATED IN AWWA STANDARD C702-01
Sec.1.2 Purpose
AS STATED IN AWWA STANDARD C702-01
Sec.1.3 Application
SEE GENERAL INFORMATION FOR BIDDERS
SECTION 2: REFERENCES
AS STATED IN AWWA C702-01 AND ACCORDING TO THE SPECIFICATION
REQUIREMENTS FOR THE METER AS SPECIFIED BY THE CITY OF
LUBBOCK.
SECTION 3: DEFINITIONS
As Stated in AWWA Standard C702-01
SECTION 4• MATERIALS
As Stated in AWWA C702-01 And According To The Specification Requirements For
The Meter As Specified By The City Of Lubbock.
4.2 Materials
4.2.1.1 As Stated In AWWA C702-01
4.2.1.2 Meter And Strainer Main Casing
Main casing shall be made of either a copper alloy containing not less than 75 percent
copper as listed in UNS C84400, UNS C83600, or a similar copper alloy as listed in
ASTM B584.
(Second and third Paragraphs) AS STATED IN AWWA STANDARD C702-01
4.1.2.1 Strainer screen: AS STATED IN AWWA STANDARD C702-01
4.1.3 Register -Box Rings and Covers: Register -box rings and covers shall be made shall be
made of a cast -copper alloy containing not less than 75 percent copper; forged or die-
06-074•RWff88estVaL.doc 27
9B #0"74-RW, Water Meter Replacement - Annual Pricing
cast copper alloy containing not less than 57 percent copper such as UNS
C85800 or a similar copper alloy as listed in ASTM b176.
(Second Paragraph) AS STATED IN AWWA STANDARD C702-01
4.1.4 Measuring Cages or Chambers
AS STATED IN AWWA STANDARD C702-01
All meters shall be double registered.
4.1.5 Measuring Turbines and Discs
AS STATED IN AWWA STANDARD C702-01
4.1.6 Disc and Turbine Spindles
AS STATED IN AWWA STANDARD C702-01
4.1.7 Intermediate Gear Trains
Frames, gears, and pinions of intermediate gear trains exposed to water shall be
made of a copper alloy containing not less than 85 percent copper, or of other suitable
on corrosive metals, or of a suitable engineering plastic.
4.1.8 External Fasteners (Casing Bolts, Studs, Nuts, Screws, and Washers)
AS STATED IN AWWA STANDARD C702-01
4.1.9 Companion Flanges
AS STATED IN AWWA STANDARD C702-01
4.1.10 Automatic Valves
- - The valve weights shall be of a copper alloy containing not less than 75 percent copper.
The valve and supplemental hinge pins or spindles shall be of a copper alloy containing
not less than 75 percent copper, or of stainless steel, or of monel; and all valve and
supplemental weight -hinge bearings shall be bushed with hard rubber, or with bronze,
or with other suitable bushing material. If the meter has a spring -loaded automatic
valve, the valve design shall meet all applicable elements of the above standard
requirements.
SECTION 4.2: GENERAL DESIGN
4.2.1 Size
As shown Table 1 of AWWA STANDARD C702-01
06.074-RWIT8BestVal.doc 28
ITB €f06-074-RW, Water Meter Replacement - Annual Pricing
4.2.2 Capacity
AS SHOWN IN TABLE 1.1, AWWA STANDARD C702-01 (U.S. GALLONS)
4.23 Length
AS SHOWN IN TABLE 2, AWWA STANDARD C702-01
4.2.4 Pressure Requirement
AS STATED IN AWWA STANDARD C702-01
4.2.5 Interior Parts
AS STATED IN AWWA STANDARD C702-01
4.2.6 Registration Accuracy
AS STATED IN AWWA C702-01
4.2.6.1 Normal Flow Rate:
AS SHOWN IN TABLE 1 OF AWWA STANDARD C702-01 TO MEASURE IN U.S.
GALLONS
4.2.6.2 Span of Change -Over flow Rate
AS SHOWN IN AWWA STANDARD 702-86 TO MEASURE IN U.S. GALLONS
AND SPECIFICALLY FOR THE CLASS II.
4.2.6.3 Minimum Test Flow Rate
AS SHOWN IN AWWA STANDARD C702-01 TO MEASURE IN U.S. GALLONS
SECTION 4.3: DETAILED DESIGN
4.3.1 Main Case
AS STATED IN AWWA STANDARD C702-01
4.3.2 External Case Screws, Bolts, Nuts, and Washers
AS STATED IN AWWA STANDARD C702-01
43.3 Main Case Connections
AS STATED IN AWWA STANDARD C702-01
4.3.3.1 N/A
43.3.2 AS STATED IN AWWA STANDARD C702-01
06-074-MrWestVal.doc 29
ITB #06-074-RW, Water Meter Replacement - Annual Pricing
4.3.4 Companion Flanges
Companion flanges of the same size and type as the meter flanges, gaskets, bolts, and
nuts shall be provided. Round companion flanges shall be faced, drilled, and tapped in
accordance with ANSI/ASME B 1.20.1, and shall conform to ANSI/ASME B 16.1 for
cast-iron pipe flange, class 125.
See Table 4 AWWA C702-01 for diameter, drilling, and thickness specifications. Oval
flanges shall be as shown in Table 4 AWWA C702-01.
4.3.5 Tapped Bosses
Meters shall be provided with a minimum 1 1/2-inch tapped boss on the top of the case
near the outlet for field-testing purposes. If a tapped boss is not provided then a
tapped spool piece shall be provided at no additional cost to the City.
4.3.6 Registers
Registers shall be straight reading subject to the limitations in this section and shall
read in US gallons (gal). Except for those instances when test conditions require the
use of a different register, the register shall be the same register that was on the meter
when it was tested for accuracy. The City of Lubbock require meters to be capable of
being equipped with a remote register that is of the pulse -generator, 4-20 milli -amp,
interrogator or radio signal generation type to allow for future meter reading
conversion.
4.3.6.1 Straight Reading Register:
AS STATED IN AWWA STANDARD C702-01
4.3.6.2 Permanently Sealed Register:
The register shall be of the permanently sealed type.
4.3.6.3 Test Circles
AS STATED IN AWWA STANDARD C702-01 (MEASURING IN U.S. GALLONS)
4.6.3.4 Maximum Indication of the Test Circle and Register Capacity:
AS STATED IN AWWA STANDARD C702-01
4.3.6.5 AWWA Standard Straight Reading Register:
AS STATED IN AWWA STANDARD C702-01
4.3.6.6 Coordinator register:
All meter types and brands bid must have two separate registers. One to measure the
high flows and one to measure the low flows.
06-074-RWIT88estVaLdoc
30
I
ITB #06-074-RW, Water Meter Replacement - Annual Pricing
4.3.7 Register Boxes
The lid shall be recessed and shall overlap the register box to protect the lens. The lens
shall be held securely in place. When the intermediate gear train is located in the
register compartment, the register compartment shall be sealed. The City of
Lubbock require meters to be capable of being equipped with a remote register that is of
the pulse -generating, 4-20 milli -amp or radio signal generation type to allow future
meter reading conversion.
4.3.8 Intermediate Gear Trains
AS STATED IN AWWA STANDARD C702-01
43.9 Measuring Chambers or Cages
AS STATED IN AWWA STANDARD C702-01
43.9.1 AS STATED IN AWWA STANDARD C702-01
4.3.10 Measuring Turbines and Discs
AS STATED IN AWWA STANDARD C702-01
4.3.11 Magnetic Couplings
AS STATED IN AWWA STANDARD C702-01
4.3.12 Automatic Valves
AS STATED IN AWWA STANDARD C702-01
4.3.13 Bypass Meter
-- AS STATED IN AWWA STANDARD C702-01
4.3.14 Strainers
Meters shall be provided with strainers. Strainers shall be rigid, easily removable,
without disturbing the connections to the pipeline, and have an effective straining area
at least double that of the meter case inlets.
4.3.15 Tamper -Resistant Seals
AS STATED IN AWWA STANDARD C702-01
SECTION 5: VERIFICATION
5.1 Meters not complying with all requirements of AWWA C702-01 and the City of
Lubbock specifications shall be rejected. See also General Information for Bidders.
06.074-RWr BSestVaLdoc
31
ITB #06-074RW, Water Meter Replacement - Annual Pricing
Rejected meters: If the award is given to a vendor whose meters meets specification 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 cost
for returned meter
SECTION 6: DELIVERY
6.1 Markings:
As stated in AWWA Standard C702-01
6.1.1 REGISTER BOXES
The name of the manufacturer shall be permanently impressed on the lid of the
resister boa. The serial number of the meter, 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 the 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
reiected.
6.2 Packaging and Shipping .
The total number of meters ordered must be delivered within 30 days of the
notification of authorization to purchase or receipt of the Purchase order.
06.074•RWITBBestVa1.doc
32
City of Lubbock
PURCHASING DEPARTMENT
ROOM 204, MUNICIPAL BUILDING
1625 137H STREET
LUBBOCK, TEXAS 79401
PH: (806) 775-2167 FAX: (806) 775-2164
http://purchasing.ei.lubbock.tx.us
DATE ISSUED:
CLOSE DATE:
ITB #06-074-RW, Addendum #1
ADDENDUM #1
ITB #06-074-RW
Water Meter Replacement -Annual Pricing
October 10, 2006
October 24, 2006 aQ 3:00 P.M.
The following items take precedence over specifications for the above named Invitation to Bid (M). Where any
item called for in the ITB documents is supplemented here, the original requirements, not affected by this
addendum, shall remain in effect.
1. In the SPECIFICATIONS, paragraph 6.2, CHANGE the reference to the delivery date to read, the total number
of meters ordered must be delivered within 45 days of the notification of authorization to purchase or receipt of the
purchase order.
All requests for additional information or clarification must be submitted in writing and directed to:
Randy Wood, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457
Questions may be faxed to (806) 775-2164 or Email to rwood@mylubbock.us
THANK YOU,
CITY OF LU13BOCK
Randy Wood
Senior Buyer
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's
responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any
combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such
notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5)
business days prior to the bid close date. A review of such notifications will be made.
06-074-RWAddend t .doc
n 1 #
;„. C, !
• R C H A S E
/l
TO:
MASTER METER INC
101 REGENCY PARKWAY
MANSFIELD TX 76063
U1 rT OF LUBBOCK
Page
ORDER Date
Order No
Brn/Plt
SNPTO.
_ 1
9/24/07
318251 000 OP
_ 3511
CITY OF LUBBOCK
WATER UTILITIES OPERATIONS
402 MUNICIPAL DR
LUBBOCK TX 79401
ACCOUMS PAYABLE ) G
P.O. SOX 2M \1/J
LUBBom TX 7"" BY:
.
Ordered - 09/24/07Freight - FOB Destination Frt Prepaid
Requested - 09/24/07 Taken By - FELIX ORTA
Delivery - PER _P_-NOLEN RE4# 29647 -. -_ BID# 06.074_RW............ ;.........
Ordered UM Unit Cost UM Extension
Description / Supplier Ite ...---- -- ------ ---- .. ............
5/8 x 3/4 inch-. water meters 1500.000 EA 33.7600 EA 50,640.00
This order is for 1500 5/8 x 3/4 inch multi jet water
meters starting with meter number 01032825 ending meter
number 01034324
1 inch water meters 1500.000 EA 72.6800 EA 109,020.00
This order is for 1500 1 inch multi jet water meters
starting with meter #02038670 and ending number# 02040169
Req. Dt-
10/31/07
10/31/07
This purchase order encumbers funds in the amount of $159,660 for a bid awarded to Master Meter Inc. of
Mansfield, Texas on December 16, 2006 in accordance with Resolution No-2006-R0597. The following are
incorporated into and made part of this purchase order by letter of ratification of Resolution No. 2006-110597.
CITY OF LUBBO ATTEST:
David A. Mill ,Mayor Re be a Garza, City Secretary
Total Order
Terms NET 30---------------------------------------------------------159,660.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBOWK TEXAS
unw and Bupllf sole ss follows:
T. SELLER TO PACKAGE GOODS. Seller will package Eoods in scootdnq with toed
corm ercial prone", Each shipper carhtaiseer shall be closely aid pamteaendy aaaarhd r
falowe (a) Selkw's sear and address. (b) Conripese's nerm address ed pendhre rider of
prchse resew mender end the supply agreement number if applicable, (c) Container era - I
and rod atrrrdw derontaisrn, e.g. bon I of 4 ba oak rd (d) the number of tbeerasrleat
be riag the , — alp Seller shad bar coat of pac apnng ranks atherwI provided Goods
slab be smite sly packed to secure lowest manyorstiam easel and to conform with cap
arcane. aoe calm 1, etd ry applicablespecfkriaa Buysr's aunterr welfht shag bon ErW
,ad conclusive on skill er mat accompanied by pecking little.
2. SHIPMENr UNDER RESERVATION PRO11181iED. Seller is to aidairieed to ship the
gooda miler tarvsiaa sad ro radar of s bill of haft will aprmw r a soar dgeode.
3. TITLE AN D RiSK OF LOSS, The, title and risk of for of the pods shall no peas to Buyer
now Buyer a d=W receive ad takes possession of the pals a the point or poiele of
Aelivery. �, ,
4. NO REPLACEMENT OF DEFEC hiVB TENDER: Every wader ofdelivay, of food; must
iWly aaply with allprow ofthisi con mum so dma olddfvsry. qw ty and der Bl. if e
tnmlr is nub which des rest Rdiy cenf isms, this sheircardhrt a breach and Seller shall not
have the riylt b nsbe %* a conforming ham I provided, wlme the time fa Pwfammm has
rot yet expired. the Seller may reaeotaaby nary Buyst of hie h*mdom to cue and may thas
male a confirming Baader within the cared ties but not atrwmhd
I INVOICES R PAYMENTS.
a. Sailer don submit separate invoicm in duplicate, err ewch paclrr ardr er porchow
release oftor each delivery. Invoice sag indices the purchase order or purchase release
nhrm, tad thesupply allmium nt naader if appli able. Imoiow slrll be imnimd ad
ma uporrdan clan fsa, if my, shall be Bard mWuaid . A copy tide bill of ladit, anti the
"She waybill who applicable, shoals be attached as the invoice. Mail To: Accounts
Payable, City ofLubboek P. O. Boa 2000. Lw*odi4 Tear 79457. Protest still not be der
coil theabove imhatnurrase ans submitted;Ass delivery.
6. GRATUTITES, The Beyermay. by writs& tnotfce b tlne Seller. cmnnuxl this ooatra- withont
lisbfky b Softer ifit is dperrinad by Buyer that gam. in don rem of emesrisrs est. silt
or alrrwise, were offwad or ftm by the Sailer. or lay meat or reparinta" of the Sailer, to
ay oAicer or employee d the City of Lubbock with a view to saenr, f a contract or securing
frvombla treatrmet with ria"d b der aw— rt or maadta f, a der mstbt ova ny
dmmduadomr rid► reaped to tho pwfauin f of stcb a c, ' a Ira the curet thin sawed t
canceled by Buyer pumrl to this provision, Buyer shell be call" in addition to try other
rigbss sad rerndiea. b recover or withhold the amaat of dw am Incased by Sellerie
providing each
7. SPECIAL TOOLS # TEST EQUIPMENT. If the price stead an the fine hereof inehdas the
cos daty special wofkt or special we a lut(pnmset hbricated or required by Seller for the
prp eve of flubs tit ender. such Wald wages egtdpento rd my process shows ralwd
therreb shallboomer ds propety of de Buyer and b the extant feasible srll bar id=dFed by
the Sugar a each.
S, WARRANTY-PRILB
a. 71r Prue b be paid by dr super, shell be dot cona a d in Sdhr's bid which Safer
warnris iobo o o higher dm Seller's emere poem onedam boy odett fa prodcta tithe
kied lad spe6fcadm covered by dais a fromwo for similer gowA" alder simitr of lib
conditions and utrWob dpurohame. In the event Sailer brackr this warranty, the prka of
the itmas shell be redad to the Seller's carer pica on aide by odrm or in the
altimm d%,L Buyer may coal dmis conmud widrua Ilabdky tm Selw par brash or Seller's
adwl ecpenun.
Is. 7Tw Seller waranaa del rho paean or sdtkt Macy hn bra anpbyW a round b edict
or secure this cotttrad upm m alp- , t er fo rcomem lion, lrrcirom fs,
bmkas fs, or contingent The excepting bar 66 employes dbeas 66 established
commercial or sailing ;(arise msndoal by the Seiler for the purpose d seeabng mitre
For I I of vkdadoo dddo wrrray the Buyer shell here the right io addition oo my otbw
right dri#m b cmocd the centre- wither Itobifltyand io ddad ftem the arms- price, or
otherwise teoover widrt liability and an, deduct Ram the context pokm or otherwise reeovet
the Pole amour dsu ch commission, p- , - ' fr brokerage or corehis t fee
9. WARRANTY -PRODUCT. Sailor sW pat lick err exehado aay impow wsmmtia ad any
ammiler to do &shell seder this oxn- voidable ai the option of the Earlier. Seller w— -
the the foods flrnhhod will conform to the specification, dmwial end descriptions listed in
the bid imitation. mad to the sample(s) Rmeished by the Seller, if ay. In the eras of a conflict .
err betweendon specilkadrr dewings, and description, the specifications shall prem.
Norwidstra ing my provisions daiNsnad in the canhaeurl mgraa ant, the Seller repreaenb
and wantons fuelt-Rr perroe rmri a mad fauk five nr act in the processing des ad data related
Jae (includln& hot not limited to calcdsdrt,.aangtriag rd saamcirWo4oll bardwam, .
will me and firmwra produ c a ddivered ad services pm4W mder tit Contract
individually aly or in canbiar6at, as the cm may be flan the dreceive des dthis Canna t.
.%Ise, the Seller warms the yea2rl00 calculations will be recognised and acommodud ad
will nor, inmy way, result in hardware, uAwre or frmrere Where. The City of Lubbock. at
its oak option, may require the Seller, et may time, to demonstrate the procedures k intends to
follow in orderto comply with all the obligations contained hereon TTa obligation contained
hereish apply oo prakn.ss end services provided by the Seller. its sub-Seitc err my third pry
involved in the creationar Jeveiopmrnt of the producm end smvim to ba ddiveaed to the City
of Lubbock under this Contract Failure to comply with ary dtho obligadoro contained
herein, may result in the Cy of Lubbock availins itselfdsay of is rights fader der law and
WAIN this Contract including, but rat limited b, it right pertsokt to termination ordirrWIL
The warsand s contained latch am sepuds and discrete from my other warranties specified
in this Gxmact, ad rat no sub*t to my disclaimer of warrant', implied or expressed, or
limitation d the Shcers liability which may be specified in this CoMack its appendices, ds
schedules, its annexes or ay document incorporated in this Correct by reference.
10. SAFETY WARRANTY. Seller wan that the prods- sold to the Buyer slap confers b
dr standards promulgated by the U. S. Department of Labor under the Occupational Safety and
Hakh Act of 1970. In the event the product does no conform to OSHA stendtel. Bayer stay
rdwn the product for correction or replacement a the Seller's expense, in the avow Seller
fish to make the approprier cotectim within a reasonable that, correction trade by Buyer,
will be a the Sdkr's eapem
i i. rim wAiiRAA3'i B7 Iii 7 ER ACA,T:°T !IFRINCrut n �. ord,h,
sale Seller agrees b escertaia whether Roods tnnufachued in accordance with the
specilkadone a- I ' iods apvmww will diva the eoder rip%dii chim of my third pettaa
by way of infra gemmit d thefilm Buyer naaI no wormy that the prodoetion of Boos
aecaaaing to the specification will not give rim b such a chid aid in no event sholl Buyer, be
liable to Seller for iidemeificatien in do ever: that Seller is mad as the pail , of
infFingaaemt of thelike. If Soler is of the opWm that m WkkWmma a don ill will nsmk,
he will trdy do Buyer to &a effect In writing wihie be web shier dr signing of this
spun@M. U Buyer doe erne receive make and is suhoegtaady hold liable for the
infib p mil w de li1a, Seller wi0 save Bayw hrrnlaa It Seiler in pod faith atuwsine the
production of don pace in atxer 1 , with do specifkatlon will react in idtitemer a do
like, the contract shall be null and void
12. RIGHT OF INSPECTION. Buyer shall have the right to impact the foods at deliverybefore
accepting them
13. CANCELLATION. Buyer slag have the right to coed for bdkult all or try pot of the
undelivered patient of this order if Seller breaches say of der mans hereof inclalin f wssrruin
d Seller ar if der Sellerbecomes hadvent or commas no of lemkmpacy. Seek d flat of
concelledam Is in addithe b end no in lieu ofany other remmmadla which Buyer mayhaw in
law or equity.
14. TERMINATION. The pmfoanaa of wok eiderthis order maybe tmrana ted lewhole, or in
port by the Buyer in aacadrra with this provision. Termination dwok ham under shad be
effeece'by the delivery of the Seller of a "Notice ofTerminadod'specilyio f tM exam to
which polar- we dwork ;der the order is (ermined red der des upon wbide sorb
wni mdoe bmeonrs dfwdve. Such right or bnrninadai is in addition m and tut im lieu of the
rifdse of Bayer su forb fen Cha a l3. herein.
13. FORCE MAIEIiRE. Neither poly shall be held eaponmble for lasw, mssldag if the
adrtlkna orany tams orp vision, oral's c, , is delayed or Prevented by my cum rot
within del road of del party whole perfarriivh inprfoed with, end which by der exercise
of mesonable d0ggetee said pry is unable to pmvmL
16. ASSIGNMENT -DELEGATION. No right or intaset in this oxntradt shall be yelped or
tbkfasiaa ofay obtiptioe mils by Seller without the - G pasdssioa of the Buy;•. Any
attempted assignment or delegation by Seller shall be wholly void and rally in dlietive for all
I up I ttlew nude in ante amity with this paragraph.
17. WAIVER. No claim or tightarisng oat ofa bsaech dais atone 'can be discharged In whole
or in pot by a waiver at numnciadae of the claim or sight unit= the waiver or remencietion is
supported by consideration end Is in writing signed by the aggrieved party.
IS, IMRPRE1'ATION-PAROLE EVIDENCE. Thiswrkit, plus say specilhadotr Ilr tads wad
performer provided by Buyer in is advertisement for bide, end ay odter dttonments
providd by Sugar spat dhh bid, is intended by the parties at a MW ex, ta I dth it
asrnmea and lnsndd oho s s complab and exclud" sawearsa d the tons of their
agremwtt Whenever a term delltnd by the Uniform Commercial Cab hand in this
agme n in the dellnition coca I b the Cab isb eautroh
19. APPLICABLE LAW. This agreement shag be governed by the Uniform Commocial Cob.
When over the rum "Uniform Commercial Code" is mil, it shall be continued n meaaweg the
Urafarm Commercial Coda as adepard in the State dTeus s ell6thv and in foes on the
dosdh thafinemm -- --
20. RIGHT TO ASSURANCE. Wbumm err pry b obis emoad le pod fakk Mo remm b
gnsdon the od er pry's inane b perform becoy d&nad dot the other pry give written
amerenoe of his intent to perfaraa, In the event del a dented is made ed no assurance is
given within five (3) days, the dnsandi g peaty may eyes this failure, re, as an aafclp cony
repdirion of** oontraet
21. INDEMNIFICATION. Seller shall indemrsily, keep and saw harmless the Buyer, is agar"
officials and rgloyeas, again all injwim dead%6 lam diameM cfalnr, Pant chum, suits,
liabillides, judgement, curs sad expenses, which may in &"wise accm against the Buyer is
camegn&ee tithe gmaing of alb Conew or which may nowlse result daae6om, whether
or no k shall be alkeped or doom lmd der dw sat was camod through n fligme dr and Won
d the Seller or is tm ployeas, or of the subSdkr or aoipa a is &eplayea, if sty, and the
Seller shell, a his own expense,sF, derail and all ch@%W dackuways and all cods
ad other exporters wish tMeflwn of incurred in conecdenr ibaew* and, ifsay, judpnent
shell be re, 1,- against the Buyer in may such action, the Sailer shall, a is awn expanse,
.aisy andJischup the sane Seller expressly mdmsunds end .spares tiro my band rmluird
by this cunsncs, ur ude rwise provided by Seller, shall in no way limit the responsibility to
indemnify, keep and save harmless red Jellind the Buyers horse provided.
22, TIME. it is hereby exprealy 4greed and understaod thintime is of the essenai for the
perfar are of this cun&wL and rations by contract to meet die time specifications d this
agreement will cause Seller so ire in defeak of this apemnnt.
23. MBE. The City of Lubbock hereby reotifn all bidden do in reed to any contract emttad
into pmsiar to rids requesk minority and women business enterprises will be afforded equal
opportunities to submit bids in response to this imitation and will not be discriminated apihs
an die grounds d race. cola, sex or wural origin in consideration fir an award.
Rev. 0912005
INTEROFFICE MEMORANDUM
TO: REBECCA GARZA, CITY SECRETARY
FROM: MARTA ALVAREZ, PURCHASING MANAGE
SUBJECT: CORRECTION TO AWARD LETTER FOR BID# 06-074-RW —
WATER REPLACEMENT — ANNUAL PRICING
DATE: 8/12/2008
Attached you will find an award letter to Master Meters, Inc., correcting the term of the
annual pricing contract. The actual term began on December 19, 2006 thru December 18,
2008. Also, attached is the bid documents submitted Master Meter Inc. Please refer to
Section 13. BID Award, item number 13.8 of the bid document and stated below:
The contract period shall be for a period of two (2) years subject to one (1) additional
year renewal.
If you have any questions, please do not hesitate to call me at (806) 775-2572.
Thank you,
....... ... ...
ti
Office Of
Purchasing
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 - Fax (806) 775-2164
December 19, 2006
CORRECTION
Master Meter
Attn: Ronnie Veach
101 Regency Parkway
Mansfield, TX 76063
RE: ITB #06-074-RW - WATER METER REPLACEMENT - ANNUAL PRICING
Dear Mr. Veach:
MASTER METER has been awarded the items noted below for Water Meter Replacement
- Annual Pricing based on your response to the City of Lubbock Invitation to ITB #06-074-RW.
1. A Purchase Order will be issued by the City of Lubbock and covers the category c
items shown below, and no oth wring the period beginning December 19, 20(
00 and ending December 18, 2The City of Lubbock shall not be responsible f
payment of any invoices except those orders placed pursuant to this agreement.
2. Category of Items:
Item 1 5/8 x 3/4 inch Multi -Jet -
Water Meters 2000 C $33.76/EA
Item 2 1 inch Multi -Jet
Water Meters 1500 @ $72.68/E'
3. MASTER METER's bid dated October 25th, 2006 is incorporate
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 MASTER METER fails to perform in accordance with their bid dated
October 25, 2006.
CITY OF LUBBOCK:
David A. iller
Mayor
APPROVED AS TO CONTENT:
Victor Kil a
Director of Plirchasing &
Contract Management
APPROVED AS TO F RM:
,ttt rney
cc: Paul Nolen, Water Utilities
Bid Folder
ATTEST:
Rebecca Garza
City Secretary
TO:
PURCHASE ORDER
MASTER METER INC
101 REGENCY PARKWAY
MANSFIELD TX 76063
SHIP TO:
Page - 1
Date - 7/29/08
Order No. - 333654 000 OP
Brn/Plt - 3511
CITY OF LUBBOCK
WATER UTILITIES OPERATIONS
402 MUNICIPAL DR
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000 vz?�
LUBBOCK. TX 79457 BY:
---------------------------------------------------------------------------
Ordered - 07/29/08 Freight - FOB Destination Frt Prepaid
Requested - 08/22/08 Taken By - FELIX ORTA
Delivery - PER P/ NOLEN REQ# 31288 BID# 06-074-RW
---------------------------------------.......................................
Description / Supplier Ite Ordered
5/8x3/4" Multi -Jet Meters 2500.000
Starting #01034325 and ending #01036824
1.0 inch Multi -Jet Meters 1000.000
Starting #02040170 and ending #02041169
UM
EA
EA
Unit Cost UM Extension
----------- --............
33.7600 EA 84,400.00
Req. Dt
08/22/08
72.6800 EA 72,680.00 08/22/08
This purchase order encumbers funds in the amount of $157,080, for a bid awarded to Master Meter of Mansfield,
Texas, on December 19, 2006, in accordance with Resolution No. 2006-110597. The following are incorporated into
and made part of this purchase order by letter of ratification or Resolution No. 2006-R0597.
CITY
OFF LUBBOCK
Tom Martin, Mayor
ATTEST:
Re ec Garza, City Secretary
Total Order
-------------------------------------------------------------------------------------
Terms NET 30 157,080.00
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I% U R C H A S E ORDER
TO:
MASTER METER INC
101 REGENCY PARKWAY
MANSFIELD TX 76063
Page - 1
Date - 5/14/09
Order No. - 347624 000 OP
Brn/Plt - 3511
SHIP TO:
CITY OF LUBBOCK
WATER UTILITIES OPERATIONS
402 MUNICIPAL DR
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK. TX 79497 BY:
Ordered - _ 05/14/09 Freight FOB
BDestination Frt Prepaid
Requested . 05/14/09 Taken By FI
Delivery :-PER-P:-NOLEN RE4# 32742-- ITB# 06-074_RW------------------------------
Description / Supplier-Ite- - Ordered UM Unit Cost UM -- Extension Req. Dt
5/8X3/4 inch water meters 1200.000 EA 33.7600 EA 40,512.00 06/11/09
Starting with 01036825 and ending with 01038024.
1 inch water meters 1200.000 EA 72.6800 EA 87,216.00 06/11/09
Starting with meter number 02041169 and ending with
02042368.
This purchase order encumbers funds In the amount of $127,728, for a bid awarded to Master Meter of Mansfield,
Texas, on December 19, 2006, in accordance with Resolution No. 2006-110597. The following are incorporated into
and made part of this purchase order by letter of ratification or Resolution No. 2006-110597.
CITY
,O►F-LUBBOCK
Tom Martin, Mayor
ATTEST:
e e a Garza, City Secretary
Total Order
-•-------------•------------------------•-------------- -
Terms NET 30 127,728.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good
commercial practice. Each shipping container shall be clearly and permanently marked as
follows (a) Seller's name and address. (b) Consignee's name, address and purchase order or
purchase release number and the supply agreement number if applicable, (c) Container number
and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container
bearing the packing slip. Seller shall bear coal of packaging unless otherwise provided. Goods
shall be suitably packed to secure lowest transportation costs and to conform with requirements
of common carriers and any applicable specifications. Buyer's count or weight shall be final
and conclusive on shipments net accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the
goods under reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer
until Buyer actually receives and takes possession of the goods at the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
fully comply with all provisions of this contract as to tinve of delivery, quality and dwlike. )f e
tender is made which does not fully conform, this shall constitute a breach anid Seller shall not
have the right to substitute a conforming tender, provided, where the time for performance has
rat yes expired, the Seller may reasonably notify Buyer of his intention to cure and may then
make a conforming tender within the contract time but not afterward.
5. INVOICES @ PAYMENTS.
a. Seller shalt submit separate invoices, in duplicate, one each purchase order or purchase
release after each delivery. Invoices shall indicate the purchase order or purchase release
number and the supply agreement number ifapplicable. 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, should be attached to the invoice. Mail To: Accounts
Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457, Payment shall not be due
until the above instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without
liability to Seller if it is determined by Buyer 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 to 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 this contract is
canceled by Buyer pursuant to this provision. Buyer 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. SPECIAL TOOLS R TEST EQUIPMENT. If the price stated on the face hereof includes the
cost of any special tooling or special test equipment fabricated or required by Seller for the
purpose of falling this order, such special tooling equipment and any process sheets related
thereto shall became the property of the Buyer and to the extent feasible shall be identified by
the Seller as such.
8, WARRANT' -PRICE.
a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller
warrants to be no higher than Seller's current process on orders by others for products of the
kind and specification covered by this agreement for similar quantities under similar of like
conditions and methods of purchase. In the event Seller breaches this warranty, the prices of
the items shall be reduced to the Seller's current prices on orders by others, or in the
alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's
actual expense.
b. The Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this wntract 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 Seiler for the purpose of securing business.
For breach of vitiation of this warranty the Buyer shall. have the right in addition to any other
right of rights to cancel this contract without liability and to deduct from the contract price, or
otherwise recover without liability and to deduct from the contract price, or otherwise recover
the full amount of such commission percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall net limit or exclude arty implied warranties and any
attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants
that the goods. furnished will conform to the specification drawings, and descriptions listed in
the bid invitation and to the sample(s) fumiihed.by the Seiler, if arty. In the event of s conflict
or between the specifications, drawings, and descriptions, the specifications shall govern.
Notwithstanding ary provisions contained in the cofitractual agreement, the Seiler represerk8
and warrants fault -free performance and fault -free result in the processing date and date related
data (including, but not limited to calculating, comparing and sequencing) of all hardware.
software and firmware products delivered and services provided under this Contract,
individually or in combination as the case may be from the effective date othhrs Contract.
Also, the Seller warrants the year200D calculations will be recognized and accommodated and
will not, in" way, result in hardware, software orfirmware failure. The City of Lubbock, at
its sole option may require the Seller, at arty tirhe, to demonstrate the procedures it intends to
follow in order to comply with all the obligations contained herein. The obligations contained
herein apply to products and services provided by the Seller, its sub -Seller or any third party
involved in the creation or development of the products and services to be delivered to the City
of Lubbock under this Contract. Failure to comply with any of the obligationscontained
herein may result an the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
The warranties contained herein are separate and discrete from any other warranties specified
in this Contract, and are not subject to any disclaimer of warranty, implied or expressed. or
limitation of the Seller's liability which may be specified in this Contract, its appendices, its
schedules, its annexes or any document incorporated in this Contract by reference.
10. SAFETY WARRANTY Seller uarams that the product sold to the Buyer shall inform to
the standards promulgated by the U. S. Department of Labor under the Occupational Safety and
Health Act of 1970. in the event the product does not confirm to OSHA standards, Buyer may
return the product for correction or replacement at the Seller's expense. In the event Seller
fails to make the appropriate correction within a reasonable time, correction made by Buyer
will be at the Seller's expense.
! I NO WARRANTY BY BUYER .AGAINST INFRINGENiE%7S. As part ofthis contract for
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specifications attached to this agreement will give rise to the rightful claim of any thud person
by way of infringement of the like. Buyer makes no warranty that the production of goods
according to the specification will not give rise to such a claim, and in no event shalt Buyer be
liable to Seller for indemnification in the event that Seller is sued on the ground% of
infringement of the like. If Seller is of the opinion that an infringement or the like will result,
he will notify the Buyer to this effect in writing within two weeks after the signing of this
agreement. if Buyer does not receive notice and is subsequently held Gable for the
infringement or the like, Seller will save Buyer 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.
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before
accepting them.
13. CANCELLATION. Buyer shall have the right to cancel for default all or any part ofthe
undelivered portion of this order if Seller breaches any of the terms hereof including warranties
of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of
cancellation is in addition to and not in lieu of any other remedies which Buyer may have in
law or equity,
14. TERMINATION. The performance of work under this order may be terminated in whole, or in
part by the Buyer in accordance with this provision. Termination of work hereunder shall be
effected by the delivery of the Wier of a "Notice of Termination" specifying the extent to
which performance of work under the order is terminated and the date upon which such
termination becomes effective. Such right or termination is in addition to and not in lieu of the
rights of Buyer set forth in Clause 13, herein.
15. FORCE MA3EURE. Neither party shall be held responsible for losses, resulting if the
fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not
within the control of the party whose performance is interfered with, and which by the exercise
of reasonable diligence said party is unable to prevent.
16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or
delegation of any obligation made by Seller without the written permission of the Buyer. Any
attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all
purpose unless made in conformity with this paragraph.
17. WAIVER. No claim or right arising out of a breach of this 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.
18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement for bids, and any other documents
provided by Seller as part of his bid, is intended by the parties as a final expression of their
agreement and 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 this
agreement, the definition contained in the Code is to control.
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the
Uniform Commercial Code as adopted in the State oFTexas as effective and in force on the
date of this agreement.
20.. .RIGHT TO ASSURANCE. Wheneverone party to this contract in good faith has reason to
question the other patty's intent to perform he may demand that the other party give written
assurance of his 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.
21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents,
officials and employees, against all injuries, deaths, loss, damages. claims, patent claims, suits,
liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in
consequence of the granting of this Contract or.which may anywise result therefrom whether
or not it shell be alleged or determined that the add was caused through negligence or emission
of the Seller or its employees or of the subSel let 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 of incurred in connection therewith, and, if arty judgment
shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses,
satisfy and discharge the same Seller expressly understands and agrees that arty bond required
by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Buyer as herein provided
22. TIME. It is hereby expressly agreed and understood that time is of the essence for the
performance of this contract, and failure by contract to meet the time specifications of this
agreement will cause Seller to be in default of this agreement.
23. MBE, The City of Lubbock hereby notifies all bidders that in regard to any contract amend
into pursuant to this request, minority and wonmen business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will riot be discriminated against
on the grounds of race, color, sex or natural origin in consideration for an award.
Rev. 08f2005