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Resolution - 2003-R0573 - Letter Of Award For Water Meters - Morrison Supply - 12_18_2003 (3)
Resolution No. 2003-RO573 December 18, 2003 Item No. 28 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Letter of Award for Water Meters — Annual Pricing, by and between the City of Lubbock and Morrison Supply of Lubbock, Texas, and related documents. Said Letter of Award is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 18th day of December 2003, MCDOPGAL, MAYOR ATTEST: Reb,6cca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman, Purchasing Manager APPROVED AS TO FORM: ohn KnigWtt Assistant City Attorney as/ccdocs/Letter of Award -Morrison Supply.Res Dec. 8, 2003 Resolution No. 2003—RO573 December 18, 2003 Item No. 28 Office of Purchasing P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 December 18, 2003 Morrison Supply Tommy Overstreet 141 East 42"o Street Lubbock, Texas 79404 RE: ITB #203-03/13M —WATER METER REPLACEMENT —ANNUAL PRICING Dear Mr. Overstreet: MORRISON SUPPLY 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 #203-03/13M. 1. A Purchase Order will be issued by the City of Lubbock and covers the category of items shown below, and no other, during the period beginning December 18, 2003 and ending December 17, 2004. 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 5 3-inch compound meter with standard register Item 6 4-inch compound meters with standard register Item 7 6-inch compound meters with standard register Item 8 8-inch compound meters with standard register 10 @ $1,314.30 / EA 10 @ $1,828.57 / EA 1 @ $3,542.86 / EA 1 @ $4,405.71 / EA 3. MORRISON SUPPLY's bid dated November 24, 2003, is incorporated into and made a part of this agreement. 4. Prices: As quoted. 5. All invoices shall be directed to: City of Lubbock Accounts Payable PO Box 2000 Lubbock, Texas 79457 6. The City of Lubbock reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City of Lubbock in the event of breach or default of this agreement. The City of Lubbock reserves the right to terminate this agreement with a thirty (30) day written notice in the event MORRISON SUPPLY fails to perform in accordance with their bid dated November 24, 2003. CITY OF LUB Mayor APPROVED AS TO CONTENT: Victor Kilman Purchasing Manager APPROVED AS TO FORM: �r rL A torney cc: Paul Nolan, Water Utilities Vendor File ATTEST: CQ Alo�e , .4. R becca Garza City Secretary ITB #203-03113M, Water Meter Replacement — Annual Pricing Resolution No. 2003—RO573 SUBMIT TO: Y o OF LUBBOCK 4CITY , CITY OF LUBBOCK, TEXAS PURCHASING DEPARTMENT / ; �� 1625 13TH STREET RM L04 (� LUBBOCK, TX79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Bruce MacNair EMPLOYER #20 3 -0 3/BM TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.cl.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Water Meter Replacement - Annual Pricing November 25, 2003 @ 1:00 P.M. PRE BID DATE, TIME AND LOCATION: November 10, 2003 ® 9:00 A.M., Any bids received after the time and date listed In the Municipal Building Planning Conference Room 107, 1625 131h above, regardless of the mode of delivery, shall be Street, Lubbock, Texas. returned unopened. RESPOND T NAME: IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". MAILING ADDRESS' // �t/c� .. `4`2 CITY - STATE - I : THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY j�( AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE TELEPHONE NO: CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX N0: / ^ per} / REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY O / (p TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, E-MAIL: INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE BIDDER HEREBY ACKNOWLEDGES RKIIjiT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA: #3 #4 #5 (Please Initial) The City of Lubbock Charterstates that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?_ YES NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. i further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust taws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's dtscretloyt,"soch assignment shall be made and become effective at the time the City tenders final payment to the vendor � s Authorized Signa re Title Print/Type Narhe Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. rrBA203.03/BM.doc ITB #203-03/BM, Water Meter Replacement — Annual Pricing .W BID FORM Water Meter Replacement - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #203-03/BM In compliance with the Invitation to Bid #203-03/BM, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. The Invitation to Bid #203-03/BM is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. UNIT OF UNIT PRICE' Extended Delivery ITEM QTY MEASURE DESCRIPTION BID Cost Days ARO" a. b. c. d. e. f. = b x e 1. 2,500 5/8-inch x 3/4-inch Multi -jet meters with standard $ $ register, as ified herein. 2. 1,600 1-inch Multi -jet meters with standard register, as $ $ specified herein. 3. 25 EA 1.5-inch Multi -jet meters with standard register, as $ specified herein. 4. 25 2-inch Multi -jet meters with standard register, as $ e / $ specified herein. 5. 10 EA 3-inch Compound meters with standard register, as $ j 3 D 3 1y3 J - 3 s Tied herein. !- / 6. 10 4-inch Compound mete with standard register, as $ �o� e-2 / 70 $ 1 1 r specified herein. , 7' 1 EA 6-inch Compound meters with standard register, as $ F _ $ specified herein. 7 �a2 3 8. 1 �` 8-inch Compound meteri with standard register, as $ `�yD $ 7 �©S 2Z ' specified herein. �',>'tc y 'PRICE: F.O.B. City of Lubbock "Days After Receipt of Order (ARO) PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of %, net _ calendar days. Discounts will not be considered In determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. INTERLOCAL PURCHASING (optional): The City desires to make available to other local govemmental 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, Govemment Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other govemmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County, and City of Wolf h. YES NO • if you (the bidder) checked YES, the following will apply: • Govemmental 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 govemmental entity's debts. Each governmental entity will order their own materials/service as needed. THIS BID IS SUBMITTED BY a corporation organized under the laws of the State of , or a partnership consisting of or an individual trading as of the City of ITB#203.03/BM.doc 2 Firm — ITB #203-03/BM, Water Meter Replacement —Annual Pricing C Address: City: State• Ziy4 M/WBE Firm: Woman Black American Native American His is erican A I Asian Pacific American Other S cif ) By Date: AdKorized Representative - must sign by hand 1 Officer Name and Title: Please Print / �/ Business Telephone Number �/� FAX: FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/Individual: Date of Award by City Council (for bids over $25,000): Date P.O./Contract Issued: IT13#203.03/13M.doc 3 Prepared by Purchasing Department for April 11, 2002 City Council Meeting Advertised: 03/10/02 & 03/17/02 WATER METER REPLACEMENT Prebid Meeting: 03/19/02 Metering & Customer Service Closed: 03/26/02 ITB #048-02/BM Bid Item Qty U/M Description/Vendor(s) Vendor Location Unit Cost Total Amount 5,000 -inch x 3/4-inch oWater Meter Master Meter, Inc. Ft. Worth, TX $25.45 $127,250.00 Western Industrial Supply, LLC Lubbock, TX $43.35 $216,750.00 Morrison Supply Lubbock, TX Not Quoted as Specified B2O and Associates Arlington, TX Not Quoted as Specified 2 1,500 EA 1-inch Cold Water Meter Master Meter, Inc. Ft. Worth, TX $58.50 $87,750.00 Western Industrial Supply, LLC Lubbock, TX $110.98 $166,470.00 Morrison Supply Lubbock, TX Not Quoted as Specified B2O and Associates Arlington, TX Not Quoted as Specified 3 100 EA 1.5-inch Cold Water Meter Master Meter, Inc. Ft. Worth, TX $140.50 $14,050.00 Western Industrial Supply, LLC Lubbock, TX $256.77 $25,677.00 Morrison Supply Lubbock, TX Not Quoted as Specified B2O and Associates Arlington, TX Not Quoted as Specified 4 100 EA 2-inch Cold Water Meter Master Meter, Inc. Ft. Worth, TX $207.50 $20,750.00 Morrison Supply Lubbock, TX $224.98 $22,498.00 B2O and Associates Arlington, 7X $225.00 $22,500.00 Western Industrial Supply, LLC Lubbock, TX $387.45 $38,745.00 5 10 EA 3-inch Compound Water Meter Morrison Supply Lubbock, TX $1,263.74 $12,637.40 B2O and Associates Arlington, TX $1,300.00 $13,000.00 Morrison Supply (Alternate) Lubbock, TX Not Quoted as Specified 6 10 EA 4-inch Compound Water Meter Morrison Supply Lubbock, TX $1,758.24 $17,582.40 B2O and Associates Arlington, TX $1,900.00 $19,000.00 Morrison Supply (Alternate) Lubbock, TX Not Quoted as Specified 7 2 EA 6-inch Compound Water Meter Morrison Supply Lubbock, TX $3,406.59 $6,813.18 Morrison Supply (Alternate) Lubbock, TX Not Quoted as Specified B2O and Associates Arlington, TX Not Quoted as Specified 8 1 EA 8-inch Compound Water Meter Morrison Supply Lubbock, TX $4,236.26 $4,236.26 B2O and Associates Arlington, TX $5,900.00 $5,900.00 Morrison Supply (Alternate) Lubbock, TX $5,199.98 $5,199.98 No Bid: Barton Instruments Badger Meter, Inc. Hersey Meters Company Hughes Supply Inc. MegaTronics International Corporation USA Bluebook j No Response: Accuratemeter Blancett Fluid Flow Meters Butler Meter & Brass K.W. Sharp, Inc. National Supply & Installation Professional Tech Valve & Machine Waterman Industrial Sales, Inc. Page 1 of 1 ITB #203-03/BM, Addendum #2 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775.2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM #2 ITB #203-02/BM Water Meter Replacement - Annual Pricing MAILED TO VENDOR: November 11, 2003 CLOSE DATE: November 25, 2003 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The bid title is hereby CHANGED from "Water Meter Replacement -Annual Pricing" to "Water Meters -Annual Pricing." 2. In GENERAL INSTRUCTONS TO BIDDERS, paragraph 1.1, CHANGE the DUE DATE from November 23, 2003 to NOVEMBER 25. 2003 at 1:00 P.M. 3. in "MINIMUM SPECIFICATIONS for COLD WATER METERS 5/8" X 3/4" THRU 2" MULTIJET TYPE FISCAL YEAR 2003-2004, ADD paragraph 10 as follows: "All meters 5/8" x 3/4" thru 2-inch must be capable of retrofitting or adapting, at no or minimal expense to the City, with a radio register device for electronic metering. These devices must be wireless and transparent to the metered customers. This retrofit program may be adopted during budget year 2003-2004. All requests for additional information or clarification must be submitted in writing and directed to: 1 Buyer, Bruce MacNair, Senior Bur, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair@mylubbock.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#203-03/BMAd2 rrB #203-03/13M, Water Meter Replacement — Annual Pricing Water Meter Replacement - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #203-03 / BM THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. 1. INSTRUCTIONS TO BIDDERS 1 BID DELIVERY, TIME Et 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 1:00 p.m. CST, November 23, 2003, if date/time stamped on or before 1:00 P.M. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand. corner: "ITB #203-03/BM, 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: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. if bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails.tojdeliver in accordance with the time and receiving point specified. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a pre -bid meeting will be held at 9:00 A.M., November 10, 2003, in the All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. IT13#203.03/13M.doc 4 ITB #203-0319M, Water Meter Replacement —Annual Pricing 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. 3 CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's responsibility to advise the Citv of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Bruce MacNair, Senior Buyer City of Lubbock 1625 130i Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: Bmacnair@mylubbock.us 4 ADDENDA Et MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by bid amendments (addenda). 4.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written ADDENDA issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be sent to all bidders who are known to have received a copy of the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days prior to the bid closing date. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or. interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. ITB#203.03/BM.doc 5 ITB #203-03/13M, Water Meter Replacement — Annual Pricing 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, .r with all provisions and requirements of the Invitation to Bid. 6 BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. SHOULD YOU CHOOSE NOT TO BID, FAILURE TO RETURN THE FORM STATING YOUR REASON FOR NOT BIDDING BEFORE THE RESPONSE DUE DATE/TIME MAY RESULT IN REMOVAL OF YOUR FIRM FROM THE BIDDERS LIST. 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and 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. M ITB#203-03/BM.doc 6 ITB #203-03/BM, Water Meter Replacement —Annual Pricing 7 BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to -release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES, PERMIT'S, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans; Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 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 IT13#203.03/13M.Aoc ITB #203-03/8M. Water Meter Replacement — Annual Pricing 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'f needs; e) The bidder's past relationship with the City; . i f) The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; g) The total long-term cost to the City to acquire goods or services; and h) Any relevant criteria specifically listed in the Invitation to Bid. 13.2 The City of. Lubbock reserves the right to reject any or all bids, reject any particular item on' a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid for any item or group of items shown on the Bid Form. 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same 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 ITB#203.03/BM.doc 8 ITB #203.03/13M, Water Meter Replacement —Annual Pricing Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 13.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 13.7 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. 14 EQUAL EMPLOYMENT OPPORTUNITY 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. 15.3 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. 15.4 The City may deem it necessary to specify Approved Brands after conclusive testing, prior to usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned. 15.5 When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidder's expense, five days prior to the opening of bids. Each sample shall be clearly tagged to show bidder's name and address and item number. 15.6 The City of Lubbock reserves the right to determine which specific items on any specification requirements require strict adherence, or are most important, and those that are not, or requiring a.lesser degree of importance (i.e., the shade of paint is far less important than the horsepower of a motor). Such determination can, and will be a basis for evaluating, recommending and making award. The City will, at its sole discretion, assess warranty offered, and utilize life -cycle costing and/or performance factors as the evaluation method and basis for award. The low bid most closely meeting specifications is usually the bid given the award, although delivery time is sometimes a necessary factor (i.e., a low bid that best meets specifications will not do us much good if delivery is two years from now). Should a requested 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. IT11#203.03/13M.doc 9 [TB #203-03/BM, Water Meter Replacement —Annual Pricing 16 CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS 16.1 Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within three percent (3%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. 16.2 In order to receive consideration, bidders must submit an Affidavit of Eligibility. 17 QUALIFICATIONS OF BIDDERS 17.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or, his. Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractor's qualifications. 17.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractors 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 ITB#203-03/13M.doc 10 ITB #203-03/BM, Water Meter Replacement —Annual Pricing the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 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 Council by contacting the Executive Assistant to the City Council. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 21 BIDDING ITEMS WITH RECYCLED CONTENT 21.1 - In addressing environmental concerns, the City of Lubbock encourages Bidders to submit bids or alternate bids containing items with recycled content. 21.2 When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. 22 CONTRACT TERM, 22.1 The purpose of this Invitation to Bid is to set for a period of one (1) year firm pricing for items described herein. The contract has the option of two extensions, one (1) year each, upon mutual agreement between the City of Lubbock and the supplier at the end of the initial contract period. The extension(s) will be granted only under the same contract prices and terms and conditions. 21.2 All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. 23 INSURANCE SECTION A. Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. y ITB#203-03/BM.doc 11 rrB #203-03113M, Water Meter Replacement — Annual Pricing INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): 1. Commercial General Liability Insurance. Contractor shall have commercial liability insurance with a minimum of FIVE HUNDRED THOUSAND DOLLARS 500 000) combined single limit in the aggregate and per occurrence. The policy shall contain cross liability and severability clauses. The City shall be named as the additional insured in such policy. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion; revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificates) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insured's, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. ITB#203-03/BM.doc 12 ITB #203-03/13M, Water Meter Replacement — Annual Pricing .. All notices shall be given to the City at the following address: Victor Kilman - Purchasing Manager City of Lubbock 1625 13th Street, Room L04 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. ITB#203.03/BM.doc 13 ITB #203-03/BM, Water Meter Replacement —Annual Pricing CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. 5 u'OalidVe NAME: ;5ap10 // e.2 ADDRESS: e`e 's Name of Agent/Broker: Address of A City/State/Zi nt or M r der (Print) �ZoClk iu Agent/Broker Telephone Number: Date: /,a — � --®. .>_ NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. IT13#203-03/13M.dac 14 ITB #203-03/BM, Water Meter Replacement — Annual Pricing II. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. 1Quantities: 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 ,F anticipated profits for the quantities called for, diminished or deleted. Product Guarantee: Seller guarantees equipment or product offered will meet or exceed specifications identified in this bid invitation. The Seller shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Seller shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. SELLER FURTHER REPRESENTS AND WARRANTS TO THE CITY THAT THE OCCURRENCE IN OR USE BY THE EQUIPMENT OR PRODUCT CONTAINING COMPUTER CODE OF DATES` ON OR AFTER JANUARY 1, 2000 ("MILLENNIAL DATES"), WILL NOT ADVERSELY AFFECT THE PERFORMANCE OF SUCH EQUIPMENT OR PRODUCT WITH RESPECT TO DATE -DEPENDENT DATA, COMPUTATIONS, OUTPUT, OR OTHER FUNCTIONS (INCLUDING, WITHOUT LIMITATION, CALCULATING, COMPARING, AND SEQUENCING) AND THAT SUCH EQUIPMENT OR PRODUCT WILL CREATE, STORE, PROCESS, AND OUTPUT INFORMATION RELATED TO OR INCLUDING MILLENNIAL DATES WITHOUT ERROR OR OMISSIONS AND AT NO ADDITIONAL COST TO THE CITY. At the City's request, Seller will provide evidence sufficient to demonstrate such equipment or product meets the foregoing. 3 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 Packaging: 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 1 IT11#203-03/13M.doc 15 rrB #203-03/BM, Water Meter Replacement -Annual Pricing of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost 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. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 6 Delivery Time: Deliveries will be accepted only during receiving hours: 9:00 A.M. - 3:30 P.M., Monday through Friday, except on City holidays, at the designated location. 7 Damage: The City assumes no liability for goods delivered in damaged or unacceptable condition. The Seller must handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City. 8 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. 9 Material Safety Data Sheets: Seller shall provide Material Safety Data Sheets (MSDS) for all chemicals to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) 10 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. 11 Title Et Risk Of Loss: The title and risk of loss of the goods shall not pass to the City until the City actually receives and takes possession of the goods at the point or points of delivery as provided herein. 12 No Replacement of Defective Tender: Every tender of delivery of goods must fully comply with all - provisions of the contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach of the contract and Seller shall not have the right to substitute a conforming tender, provided, where the time for. performance has not yet expired, the Seller may reasonably notify the City of his intention to cure and may then make a conforming tender within the Contract time but not afterward. 13 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. 14 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 filing ITB#203-03/BM.d0c 16 ITB #203-03/BM, Water Meter Replacement —Annual Pricing this order, such special tooling or equipment and any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Seller as such. 15 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 this warranty, the prices of the items shall be reduced to the Sellers 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 ,F 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. 16 Safety Warranty: Seller warrants that the product sold to the City shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970 and/or any other governmental agency standards or regulations. In the event the product does not conform to each OSHA or other standards, Seller shall be in default hereunder, and the City may exercise and of the remedy provided for herein, including but not limited to return of 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 the City will be at the Seller's expense 17 Right of Inspection: The City shall have the right to inspect the goods at delivery before accepting them. 18 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. 19 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. 20 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. 21 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. 22 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. ITB#203-03/BM.doc 17 ITB #203-03/BM, Water Meter Replacement —Annual Pricing 23 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. 24 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. 25 Right To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 26 Indemnification: Seller shall indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and,.if any judgment shall be rendered against the City in any such action, the 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. 27 Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 28 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. 29 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that . only material and workmanship of the finest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. ITB#203.03/BM.doc 18 ITB #203-03/13M, Water Meter Replacement — Annual Pricing City of Lubbock Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Texas Local Government Code 271.905(b), in purchasing real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the City of Lubbock and whose bid is within three percent (3%) of the lowest bid price received by the City from a bidder who is not a resident of the City of Lubbock, the City may enter into a contract with: (1) the lowest bidder; or (2) the bidder whose principal place of business is in the City of Lubbock if the City Council determines, in writing, that the local bidder offers the City the best combination of contract price and additional economic .� development opportunities for the City of Lubbock created by the contract award, including the employment of residents of the City of Lubbock and increased tax revenues to the City of Lubbock. In order to receive consideration, bidders must submit this affidavit to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13'h Street Lubbock, TX 79401 Complete all areas below. Incomplete affidavits may be rejected. r Local Business Name: Local Address (must be within the City limits); 1. is the above address the principal place of business for the business named above? G1 S 2. How many residents of the City of Lubbock are employed at the above business sllocation? ZO 3. Year your business was established in the City of Lubbock: / a 0 4. For transactions that require sales tax, provide the following Rese/ller information: Reseller Permit Number:. Company Name and /jAddress (as it appears on permit): I'</EAU/ S O 'ccnis�y q 5. Does your business have more than one office in the State of Texas? o/ Yes No 6. 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 f egoing statements are true and correct. it is further acknowledged that any person, firm, corporation or entity intentionally b itting false information to the City in an attempt to qualify for eligibility shall be prohibited fro bidding on City of L b products d servic for a period of one (1) ear. Authorized Signature: Date: ����`�" g _In 11 / Printed Name and Title: ITB#203-03/BM.doc 20 :mA ITB #203-03113M, Water Meter Replacement — Annual Pricing CITY OF LUBBOCK WATER UTILITIES DIVISIONS MINIMUM SPECIFICATIONS COLD WATER METERS 5/8 x 3/4" THRU 2" MULTIJET TYPE FISCAL YEAR 2003-2004 1. The American Water Work Association standard C708-96 is adopted in whole by the City of Lubbock Water Utilities Department, except where noted in the specifications for 5/8 X 3/4-inch thru 2-inch Multi -Jet meters. 2. Bidders MUST submit with their bid an affidavit of compliance, from the manufacturer, for each type or brand of meter bid. This affidavit of compliance 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. Pricing for meter with standard 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 by the City of Lubbock shall be rejected. Meters that have been shop and field-tested are as follows: Master Meter, Neptune, Hersey, Precision, Hays, Rockwell, Badger, ABB, and Kent. 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. All meters submitted for, shop or field-testing prior to the bid award shall be free of charge to the City of Lubbock and become 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. 8. Rejected meters: If the award is given to a vendor whose meters meet specification at the time of the award and fail to remain within 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. ITB#203.03/13M.doc 21 rTB #203-03BM, Water Meter Replacement —Annual Pricing 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 57- percent copper such as UNS C85700 or UNS C86200; or a similar copper alloy, as listed inASTNb584, or UNS C85800, as listed in ASTM B176. 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. 1TB#203.03/BM.doc 22 ITB #203-03/13M, Water Meter Replacement —Annual Pricing 4.1.8 External -Case Closure AS STATED IN AWWA STANDARD C708-96 4.1.9 Coupling Tailpieces and Nuts Not applicable. 4.1.10 Companion Flanges: Not 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 Not Applicable SECTION 4.2: GENERAL DESIGN 4.2.1 Size Meters 5/8" X 3/4" 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 4.2.8.2Minimum Flow Rates: AS STATED IN AWWA STANDARD C708-96 ITB#203.03/BM.doc 23 ITB #203-031BM, Water Meter Replacement — Annual Pricing 4.2.9 Calibration Adjustment: AS STATED IN AWWA STANDARD C708-96 SECTION 4.3: DETAILED DESIGN 4.3.1 Main Case AS STATED IN AWWA STANDARD C708-96 4.3.2 External -Case Fasteners and Seals: AS STATED IN AWWA STANDARD C708-96 4.3.3 Connections Main case connections for 1-1 /2-in and 2-in meters will be the threaded screw end type on both ends. 4.3.3.1 AS STATED IN AWWA STANDARD C708-96 4.3.3.2 Casing Spuds For Larger Meters: Non -Applicable 4.3.3.3 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 registers 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 4.3.6.2 Number wheel Numerals: The numeral on the number wheels of straight reading registers should not be less than 5/32-inch high and should be readable at a 45° angle from the vertical. 4.3.6.3 Lock and Side Gears: AS STATED IN AWWA STANDARD C708-96 4.3.6.4Tumbler Pinions: AS STATED IN AWWA STANDARD C708-96 ITB#203.03/BM.doc 24 ITB #203-03BM, Water Meter Replacement — Annual Pricing W_ 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 register box ring. 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: SECTION 5: VERIFICATION 5.1 Meters not complying with all requirements of AWWA C708-96 and the City of Lubbock specifications shall be rejected. Rejected meters: If the award is given to a vendor whose meters meet specifications at the time'df the award and fail to remain in specification throughout the contract, then, the manufacturer shall replace all meters rejected for failure to comply with these specifications. Workmanship and materials: The manufacturer shall replace, without charge, those parts in which defects have developed within two years of shipment. This shall be done on the return of the defective parts to the manufacturer or on proof of a defect; however, this warranty shall not apply if the meter has been modified with replacement parts not made by the manufacturer of the meter. The manufacturer/supplier shall bear all costs for returned meters. SECTION 6: DELIVERY 6.1 Markings: The meter size and direction of flow through the meter shall be permanently marked on the outer case. The serial number provided by the City of Lubbock shall be permanently marked on the out 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 lTB#203.03/8M.doc 25 ITB #203-03/13M, Water Meter Replacement —Annual Pricing CITY OF LUBBOCK WATER UTILITIES DIVISION SPECIFICATIONS COLD -WATER METERS 3" THROUGH 8" COMPOUND TYPE II FISCAL YEAR 2003 - 2004 1. The American Water Work Association standard C702-01 is adopted in whole by the City of Lubbock Water Utilities Department, except where noted in the specifications for 3" - 8" Compound Meters. The specification is for a multiple registered in -line meter. 2. Bidders MUST submit with their bid an affidavit of compliance, from the manufacturer, for each type or brand of meter bid. This affidavit of compliance 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. Pricing for meter with standard register 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. Any meter not previously evaluated through shop and field tests for one year by the City of Lubbock shall be reiected. 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 becomesthe 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. 8. Rejected meters: If the bid is awarded to a vendor whose meters meet specifications at the time of award and fail to remain within 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. IT13#203.03/13MADc 26 ITB #203-031BM, Water Meter Replacement —Annual Pricing CITY OF LUBBOCK SPECIFICATIONS COLD -WATER METERS - COMPOUND TYPE II SECTION 1: GENERAL 1.1 Scope AS STATED IN AWWA STANDARD C702-01 1.2 Purpose AS STATED IN AWWA STANDARD C702-01 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 4.2.11.1 As Stated In AWWA C702-01 4.2.11.2 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- 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 with an in -line design. 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 ITB#203-03/BM.doc 27 ITB #203-03113M, Water Meter Replacement — Annual Pricing valve, the valve design shall meet all applicable requirements. SECTION 4.2: GENERAL DESIGN 4.2.1 Size As shown Table 1 of AWWA STANDARD C702-01 4.2.2 Capacity AS SHOWN IN TABLE 1.1, AWWA STANDARD C702-01 elements of the above standard (U.S. GALLONS) 4.2.3 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 4.3.3 Main Case Connections AS STATED IN AWWA STANDARD C702-01 4.3.3.1 N/A 4.3.3.2 AS STATED IN AWWA STANDARD C702-01 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 B1.20.1, and shall conform to ANSI/ASME B16.1 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, interigator 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. ITB#203.03/BM.doc 28 ITB #203-03/13M, Water Meter Replacement —Annual Pricing 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. 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 4.3.9 Measuring Chambers or Cages AS STATED IN AWWA STANDARD C702-01 4.3.9.1 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. 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 costs for returned meters. ITU203-03/m.doc 29 m3 #203-03/BM, Water Meter Replacement —Annual Pricing 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 register box. 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 bid opening to be certified as having the ability to to be equipped with 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. ITB#203-03 / BM.doc 30 CITY OF LUBBOCK U R C H A S E ORDER TO: MORRISON SUPPLY COMPANY 141 E 42ND STREET LUBBOCK TX 79404 Resolution No. Page - Date - Order No. - Brn/Plt - 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. 79437 BY: 2003—RO573 1 8/18/05 281842 000 OP 3511 ...._•..................................................Y..-..------------- Ordered - 08/18/05 Freight - FOB Destination Frt Prepaid Requested - 09/15/05 Taken By - BRUCE MACNAIR 775-2163 Delivery - Ref: ITB#203-03/BM ---------------------------------------....................................... Description / Supplier Ite 6-Inch Compound Tru-Flow Water Meters Starting meter number is is 03055028. Ordered UM Unit Cost UM Extension ........... .. ........... -- ..... ....... 10.000 EA 3,542.8600 EA 35,428.60 03055019 and ending meter number Req. Dt 09/15/05 This purchase order encumbers funds in the amount of $35,428.60 for the purchase of six-inch Compound Tru- Flow water meters awarded to Morrison Supply Co., on December 18, 2003, in accordance with your response to ITB#203-03/BM, Water Meters -Annual Pricing. The following are incorporated into and made part of this purchase order by reference: Bid submitted by your firm including the Bid Form, Specifications, and General Conditions of ITB #203-03/BM. ResoluV6n number: 2003-RO573. CITY OF BOC ATTEST: M rc McD gal, Mayor Rebecca Garza, City Secreibry APPROVED AS TO FORM: Attorn Total Order ------------------------------------------------------------------------------------- Terms NET 30 DAYS 35,428.60 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 ofcontainers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost 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 he final and conclusive on shipments not 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 time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet 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 shall 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 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, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. 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 & 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 filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -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 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 of viciation 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 not limit or exclude any 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) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govem. Notwithstanding any provisions contained in the contractual agreement, the Seller represents 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 of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Seller, at any time, 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 obligations contained herein, may result in 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 warrants that the product sold to the Buyer shall conform 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 conform 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. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this 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 third person byway 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 shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds 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 liable 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 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 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 Seller 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 MAJEURE. 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 of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this 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 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 shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller 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 any 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 any 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 entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. G: PU RCH/TERMCOND. DOC CITY OF LUBBOCK *1, PURCHASE ORDER �� 11 TO: MASTER METER INC 101 REGENCY PARKWAY MANSFIELD TX 76063 Page - 1 Date - 3/17/06 Order No. - 291625 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. 79457 BY: --------------------------------------------------------------------------- Ordered - 03/17/06 Freight - FOB Destination Frt Prepaid Requested - 04/16/06 Taken By - BRUCE MACNAIR 775-2163 Delivery - Ref: ITB#203-03/BM REQ#27309 ---------------------------------------....................................... Description / Supplier Ite Ordered UM Multi -jet Water Meters 2500.000 EA 5/8-inch X 3/4-inch Starting meter number will be 01030325 Ending meter number will be 01032824 Unit Cost UM Extension 27.2500 EA 68,125.00 Req. Dt 04/16/06 This purchase order encumbers funds in the amount of $68,125 for the purchase of multi -jet water meters awarded to Master Meter, Inc., on December 18, 2003, in accordance with your response to ITB#203-03BM, Water Meters -Annual Pricing. The following are incorporated into and made part of this purchase order by reference: Bid submitted by your firm including the Bid Form, Specifications, and General Conditions of ITB #203-03BM. Resolution number: 2003-RO573. DO NOT Total Order ------------------------------------------------------------------------------------- Terms NET 30 68,125.00 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 cost 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 not 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. 1. 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 time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet 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 shall 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 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, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUrIMS. 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 & 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 filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -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 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 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 not limit or exclude any 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) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents 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 of this Contract. Also, the Seller warrants the year2000 calculations will be recognizes and accommodated and will not, in any way, result in hardware, software or firmware f of rei The City of Lubbock, at. its sole option, may require the Seller, at any time, to demonstrati;rtheptoaedures it intends to follow in order to comply with all the obligations contatined her4ti. The obligations contained herein apply to products and services provided by the S 14. stj �ellero1 anym, thir�;part y 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 obligations cootaiaed herein, may result in the City of Lubbock availing itself of any of its rights underl* lamtlandt under this Contract including, but not limited to, its right pertaining to termination $r default The warranties contained herein are separate and discrete from any other warantieS specified in this Contract, and are not subject to any disclaimer of warranty, implied or expreYlsed,: -- 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*,J,*etCj G:P U RCHl1'ERMCOND.DOC tic ta 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform 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 conform 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. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this 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 third person byway 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 shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds 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 liable 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. IJ. CANCELLATION. Buyer 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 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 Seller 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 MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terns 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 hie 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 of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this 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 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 shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller 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 ofincurred in connection therewith, and, if any judgment shall be tendered 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 any bond required by this contract, quothr�wise pr vided by Seller, shall in no way limit the responsibility to indemnify,1:40 and sdve hehn(Qss and defend the Buyer as herein provided 22. TIMEf. It is h` reby expressly;'a d afid understood that time is of the essence for the rfoe bf ih'e�coiq g a; a by contract to meet the time specifications of this Berne will°cause Se r to be t default of this agreement. 2IBE ity of Lubbock hereby notifies all bidders that in regard to any contract entered to t to this request minority and women business enterprises will be afforded equal h uni to submit bids in response to this invitation and will not be discriminated against ds of race, color, sex or natural origin in consideration for an award. CITY OF LUBBOCK Page URCHASE ORDER Date Order No Brn/Plt TO: MORRISON SUPPLY COMPANY 141 E 42ND STREET LUBBOCK TX 79404 SHIP TO: _ 1 12/19/05 287619 000 OP 3511 CITY OF LUBBOCK WATER UTILITIES OPERATIONS 402 MUNICIPAL DR LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 V14", LUBBOCK TX. 79457 BY: Ordered - 12/19/05 Freight - FOB Destination Frt Prepaid Requested - 01/15/06 Taken By BRUCE MACNAIR 775-2163 Delivery - Ref: ITB#203-03/BM REQ#26993 -------------------------------------------------------------------------------------- Description / Supplier Ite Ordered UM Unit Cost ---------------------------- ----------- --........... 3-Inch Compound Water Meter 20.000 EA 1,314.3000 This order is for 20 three-inch Compound Water Meters. Starting meter number is 03045141 and the ending meter number is 03045160 UM Extension Req. Dt -- ------------ -------- EA 26,286.00 01/15/06 This purchase order encumbers funds in the amount of $26,286.00 for the purchase of three-inch Compound water meters awarded to Morrison Supply Company, on December 18, 2003, in accordance with your response to ITB#203-03/BM, Water Meters -Annual Pricing. The following are incorporated into and made part of this purchase order by reference: Bid submitted by your firm including the Bid Form, Specifications, and General Conditions of ITB #203-03/BM. R*sial tti(64?�*a ,0.03 RQ5773� �, "moo ""� I m ji AT I ON Total Order Terms NET 30 DAYS 26,286.00 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 cost 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 not 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. 1. 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 time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet 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 shall 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 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, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. 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 & 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 filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -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 dud no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established cornrnercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation 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 not limit or exclude any 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) fumished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govem. Notwithstanding any provisions contained in the contractual agreement, the Seller represents 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 of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Seller, at any time, 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 obligations contained herein, may result in 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 warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safely and Health Act of 1970, In the event the product does not conform 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. I1. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this 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 third person byway 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 shall Buyer be liable to Seiler for indemnification in the event that Seller is sued on the grounds 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 liable 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. 11. CANCELLATION. Buyer 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 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 Seller 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 MA]EURE. Neither party shall be held responsible for losses, resulting if the fulfillment ofany 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 of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this 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 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 shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any 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 any 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. ►t 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. 27. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. G: PU RCH/TE RMCOND.DOC CITY OF LUBBOCK P U R C H A S E 0 R D E R TO: MASTER METER INC 101 REGENCY PARKWAY MANSFIELD TX 76063 Page - 1 Date - 8/23/06 Order No. - 299443 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 79457 BY: --------------------------------------------------------------------------- Ordered - 08/23/06 Freight - FOB Destination Frt Prepaid Requested - 08/23/06 Taken By - FELIX ORTA Delivery - ITB# 203-03/BM WATER METER REPLACEMENTS PRICE CONTRACT ------------------------------------------------------------------------------ Description / Supplier Ite Ordered UM Unit Cost UM Extension ---------------------------- ........... ------------- -- 1" Multi -Jet Water Meters 1500.000 EA 63.7600 EA 95,640.00 Start Meter #02037170 and Ending Meter #02038669 Req. Dt 08/23/06 This purchase order encumbers funds in the amount of $95,640, for the purchase Multi -Jet Water Meters, awarded to Master Meter Inc., of Mansfield, Texas on December 18, 2003, in accordance with your response to ITB# 203-03/BM, Water Meters — Annual Pricing. The following are incorporated into and made part of this purchase order by reference: Bid Submitted by your firm including the Bid Forms, Specifications and General Conditions of ITB#203-03/BM. Price contract expires on December 17, 2006. Resolution number 2003-RO573. CITTY OF LUBI�7 or ATTEST: �! David A. Mille , Mayor, +Rbecca GarYa, City Secretary APPROVED AS TO 'Wormy — Total Order ---------------—----------------------------------------------------------—----—------ Terms NET 30 95,640.00 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 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carvers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not 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 time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach,and Seller shall not have the right to substitute a conforming tender, provided, where the time'for performance has not yet 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 shall 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 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, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. 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 & 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 filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -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 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 of viciation 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 not limit or exclude any 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) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents 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 of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Seller, at any time, 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 obligations contained herein, may result in 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 warrants that the product sold to the Buyer shall conform 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 conform 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. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this 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 third person byway 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 shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds 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 liable 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 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 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 Seller 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 MAJEURE. 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 of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this 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 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 shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any 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 any 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 entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. Rev. 08/2005 Y a CITY OF LUBBOCK U R C H A S E O R D E R TO: W SHARP INC BOX 3188 BBOCK TX 79452 3188 Page - 1 Date - 9/01/06 Order No. - 299848 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. 79457 BY: ------------------------------------------------------- V• ---- ---------- 0 dered - 09/01/06 Freight - FOB Destination Frt Prepaid R quested - 09/29/06 Taken By - MARTA ALVAREZ D livery - ITB# 203-03/BM WATER METERS D scription / Supplier Ite Ordered UM Unit Cost UM Extension -------------------------------------- ------------- -- 1.5" Multi -Jet Water 100.000 EA 167.0100 EA 16,701.00 Meters Starting number 20036519 and ending number 20036618 2" Multi -Jet Water 100.000 EA 224.7400 EA 22,474.00 Meters Starting number 20042097 and ending number 20042196 Req. Dt 09/29/0 09/29/0 This purchase order encumbers funds in the amount of $39,175, for the purchase of Multi -Jet Water Meters, awarded to KW Sharp Inc., of Lubbock, Texas on December 18, 2003, in accordance with your response to ITB# 203-03BM, Water Meters — Annual Pricing . The following are incorporated into and made part of this purchase order by reference: Bid Submitted by your firm including the Bid Forms, Specifications and General Conditions of ITB#203-03BM. Price contract expires on December 17, 2006. Resolution number 2003-RO573. CITY j�OFFL�LUBB ATTEST: J David A. Mill r, Mayor Rebc&a Garza, City Secretary APPROVED AS TO 1791vI: Total Order ----------------------------------------------------------------------------------- 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 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost 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 not 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 time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet 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 shall submit separate invoices, in duplicate, one each purchase order or purchase release alter 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, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. 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 & 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 filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -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 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 of viciation 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 not limit or exclude any 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) famished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govem. Notwithstanding any provisions contained in the contractual.agreement, the Seller represents 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 of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Seller, at any time, 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 obligations contained herein, may result in 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 warrants that the product sold to the Buyer shall conform 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 conform 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. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this 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 third person byway 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 shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds 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 liable 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 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 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 Seller 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 MAJEURE. 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 of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one 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 o f 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 [be granting of this 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 subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any 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 any 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 entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. Rev. 08/2005