HomeMy WebLinkAboutResolution - 2003-R0574 - Letter Of Award For Water Meters - Master Meter, Inc. - 12_18_2003 (2)Resolution No. 2003-RO574
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 Master Meter, Inc. of
Fort Worth, 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.
je, /,",
ARC CD UGAL, MAYOR
ATTEST:
,0"-4 -4 't 51�� 1
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
ohn Knight,
Attorney
as/ccdocs/Letter of Award -Master Meter, Inc.Res
Dec. 8, 2003
P.O. Box 2000
Lubbock. Texas 79457
(806) 775-2167 • Fax (806) 775-2164
Resolution No. 2003-RA574
December 18, 2003
Item No. 28
December 18, 2003
Office of
Purchasing
Master Meter, Inc.
Ronnie Veach
100 East 15th Street, Ste. 350
Fort Worth, Texas 76102
RE: ITB #203-03/13M —WATER METER REPLACEMENT —ANNUAL PRICING
Dear Mr. Veach:
MASTER METER, INC. 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 1 5/8-inch x 3/4-inch multi -jet meters with
standard register 2,500 @ $27.25 / EA
Item 2 1-inch multi -jet meters with standard
register 1,600 @ $63.76 / EA
3. MASTER METER, INC.'s bid dated November 20, 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 MASTER METER INC. fails to perform in accordance with their bid dated
November 20, 2003.
ATTEST:
Q4-k-'� � -
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
Victor Kilman
Purchasing Manager
APPROVED AS TO FORM:
torney
cc: Paul Nolan, Water Utilities
Vendor File
ITB #203-03/BM, Water Meter Replacement — Annual Pricing
SUBMIT TO:
Y v ° Resolution No. 2003—R
CITY OF LUBBOCK
C
°' ` _ � +
CITY OF LUBBOCK, TEXAS
PURCHASING DEPARTMENT
// • - ��
1625 13T" STREET, RM L04
tl
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 13`h
above, regardless of the mode of delivery, shall be
Street, Lubbock, Texas.
returned unopened.
RESPONDENT NAME:
Master Meter, Inc.
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN
THE "STATEMENT OF NO BID".
MAILING ADDRESS:
100 E. 15th Street Suite 350
CITY - STATE - ZIP:
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
Fort Worth TX 76102
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:
1-800-765-6518
CITY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX NO:
REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY
817-336-3840
TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY
LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF,
E-MAIL'
info@mastermeter.com
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.
75-1739575
THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA:
#1 RV #2 RV #3 #4 #5 (Please Initial)
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the
municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or
employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?_ YES NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS,
AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL,
EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO
DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE
COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION.
By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm,
business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and
without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of
Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United
States and the State of Texas for pri a fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of
Lubbock. AUhe City's discretion, s h assignment st be made and become effective at the time the City tenders final payment to the
vendor. Z,
Authorized Signature
Ronnie Veach
Print/Type Name
Vice President of Sales
Title
11-20-03
Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
ITB1203.03/BM.doc
ITB #203-03/BM, Water Meter Replacement — Annual Pricing
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
$ 27.25
$ 68
2 to 4
register, as specified herein.
,125 .00
weeks
2.
1,600
EA
1-inch Multi -jet meters with standard register, as
$ 63.76
$ 102 016.00
"
specified herein.
,
3.
z5
1.5-inch Multi -jet meters with standard register, as
$
$4
it
specified herein.
168.00
200.00
4.
25
EA
2-inch Multi -jet meters with standard register, as
$ 230.00
$5 750.00
if
specified herein.
,
5.
10
EA
3-inch Compound meters with standard register, as
$ 1191.00
$11 910 .00
specified herein.
,
6.
10
EA
4-inch Compound meters with standard register, as
$ 1771.00
$17 710.00
specified herein.
,
7.
1
EA
6-inch Compound meters with standard register, as
3180.00
$3
"
specified herein.
s
,180.00
8.
1
EA
8-inch Compound meters with standard register, as
$
$No
specified herein.
No Bid
Bid
No Bid
`PRICE: F.O.B. City of Lubbock "Days After Receipt of Order (ARO)
** SEE COVER LETTER
PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 0 %, net 30 calendar days. Discounts will
not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The
City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever
event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted
as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of
acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be
considered.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of
Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided
for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices
quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will
honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities
decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would
apply?
Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbock
Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School District, South Plains
Association of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn County,
and City of Wolfforth.
YES X 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 govemmental entity. City of Lubbock will not be responsible for another
governmental entity's debts. Each governmental entity will order their own materials/service as needed.
THIS BID IS SUBMITTED BY Master Meter, Inc. a corporation organized under the laws
of the State of Texas , or a partnership consisting of
or an individual trading as of the City of
**
**
**
ITB#203-03/BM.doc
ITB #203-03/BM, Water Meter Replacement —Annual Pricing
Firm: Master Meter, Inc.
Address: 100 E. 15th Street, Suite 350
City: Fort Worth State: TX Zip 76102
M/WBE Firm: I I Woman Black American I Native American
Hispanic American Asian Pacific American I I Other (Specifv)
Authorized Representative • must sign y hand
Officer Name and Title- Ronnie Veach / Vic President of Sales
Pease Print
Business Telephone Number 800-765-6518
11-20-03
FAX: 817-336-3840
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:
ITM03.03/BM.doc 3
ITB #203-03/BM, 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.
I. INSTRUCTIONS TO BIDDERS
BID DELIVERY, TIME it 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 to deliver in accordance with the time and receiving point specified.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by
private courier service. No bids will be accepted by oral communication, telephone,
electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL
NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by
typewriter.
1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids.
Bids CANNOT be withdrawn, altered or amended after bid closing. Alteration made
before bid closing must be initiated by bidder guaranteeing authenticity.
1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids
through an addendum.
2 PRE -BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions,
and issuing addenda as needed for the clarification of the Invitation to Bid (ITB)
documents, a pre -bid meeting will be held at 9:00 A.M., November 10, 2003, in the
Municipal Building Planning Conference Room 107, 1625 13th Street, Lubbock, Texas.
All persons attending the conference will be asked to identify themselves and the
prospective bidder they represent.
ITB#203-03/BM.doc
ITB #203-03/13M, 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.
CLARIFICATION OF REQUIREMENTS
3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive
bids. It is the bidder's responsibility to advise the City of Lubbock Purchasing Manager
if any language, requirements, etc., or any combinations thereof, inadvertently
restricts or limits the requirements stated in this ITB to a single source. Such
notification must be submitted in writing and must be received by the Purchasing
Manager no later than five (5) business days prior to the bid closing date. A review of
such notifications will be made.
3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS
INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5)
BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO:
Bruce MacNair, Senior Buyer
City of Lubbock
1625 13"' 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.
IT13#203-03/15M.doc
ITB #203-031BM, Water Meter Replacement — Annual Pricing
4.4 The City does not assume responsibility for the receipt of any addendum sent to
bidders.
EXAMINATION OF DOCUMENTS AND REQUIREMENTS
5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself
with all requirements prior to submitting a bid to ensure that the goods and/or services
being bid meet the intent of these specifications.
5.2 Before submitting a bid, each bidder shall be responsible for making all investigations
and examinations that are necessary to ascertain conditions and requirements affecting
the requirements of this Invitation to Bid. Failure to make such investigations and
examinations shall not relieve the bidder from obligation to comply, in every detail,
with all provisions and requirements of the Invitation to Bid.
BID SUBMITTAL
6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE
PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT
THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO
SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. 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
packaeine 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.
ITB#203-03/BM.doc
ITB #203.03BM, 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.
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.
9 LICENSES, PERMITS, TAXES
9.1 The price or prices for the work shall include full compensation for all taxes, permits,
etc. that the bidder is or may be required to pay.
10 HISTORICALLY UNDERUTILIZED BUSINESS (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
ITB#203-03/BM.doc
ITB #203-03/BM, Water Meter Replacement —Annual Pricing
12
13
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.
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.
BID AWARD
13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder
who provides goods or services at the best value for the City of Lubbock. In determining
the best value for the City of Lubbock, the City may consider:
a) The purchase price;
b) The reputation of the of the bidder and of the bidder's goods or services;
c) The quality of the bidder's goods or services;
d) The extent to which the goods or services meet the City's needs;
e) The bidder's past relationship with the City;
f) The impact on the ability of the City to comply with laws and rules relating to
contracting with Historically Underutilized Businesses and non-profit organizations
employing persons with disabilities;
g) The total long-term cost to the City to acquire goods or services; and
h) Any relevant criteria specifically listed in the Invitation to Bid.
13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular
item on a bid, and to waive immaterial formalities and to accept the offer most
advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified
herein, the City may award the bid 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
IT13#203.03/13M.doc
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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.
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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
Subcontractor's qualifications shall include:
a) The ability, capacity, skill, and financial resources to perform the work or provide
the service required;
b) The ability of the Bidder or his Subcontractor to perform the work or provide the
service promptly or within the time specified, without delay or interference;
c) The character, integrity, reputation, judgment, experience, and efficiency of the
Bidder or his Subcontractor;
d) The quality of performance of previous contracts or services.
18 ANTI -LOBBYING PROVISION
18.1 DURING THE PERIOD BETWEEN BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS,
INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR
PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF
EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR
PRESENTATIONS, UNLESS REQUESTED BY THE CITY.
18.2 This provision is not meant to preclude bidders from discussing other matters with City
Council members or City staff. This policy is intended to create a level playing field for
all potential bidders, assure that contract decisions are made in public, and to protect
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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.
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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 Contractors 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 Contractors 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
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
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.
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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.
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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 tl;iis bid/proposal.
ntractor
�/�t.✓r�L� �7q'cf�
Contractor (Print)
CONTRACTOR'S NAME: Master Meter, Inc.
(Print or Type)
CONTRACTOR'S ADDRESS: 100 E. 15th Street, Suite 350
Fort Worth, TX 76102
Name of Agent/Broker: D & x Insurance Group
Address of Agent/Broker: 914 Judson Rd.
City/State/Zip: Longview, TX 75601
Agent/Broker Telephone Number: ( 903 )
Date: 11-20-03
757-3760
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.
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If. 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.
Quantities: The quantities appearing in this Invitation to Bid are approximate only and the City
reserves the right to increase, decrease or delete any or all items. If the quantities of materials to
be furnished are increased, such increase shall be paid for according to the unit prices established
for the item. In making its bid hereunder, the Seller expressly recognizes the rights of the City
provided herein, and further recognizes- that the Seller shall have no claims against the City for
anticipated profits for the quantities called for, diminished or deleted.
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.
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 Packa in,: 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
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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.
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 Et 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
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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 Seller's current prices on orders by other, or in the alternative. The
City may cancel the contract without liability to Seller for breach or Seller's actual expenses. b.
The Seller warrants that no person or selling agency has been employed or retained to solicit or
secure the contract upon an agreement or understanding for commission, percentage brokerage, or
contingent fee excepting bona fide employees of bona fide established commercial or selling
agencies maintained by the Seller for the purpose of securing business. For breach or violation of
this warranty the City shall have the right in addition to any other right or rights to cancel the
contract without liability and to deduct from the Contract price, or otherwise recover the full
amount of such claimed commission, percentage, brokerage, or contingent fee.
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.
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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.
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CITY OF LUBBOCK, TEXAS
STATEMENT OF NO BID
The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend
preparing and submitting bids to the city. If you do not intend to bid on this requirement, p
complete and return this form prior to date shown for receipt of bid to: Victor Kilman, Pur asi
Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457.
We, the undersigned, have declined to bid on your ITB # for the following
Specifications too "tight", i.e. geared toward one brand or manufacturer
reason below) ,
Specifications unclear. (Please explain below)
Insufficient time to respond to Invitation to Bid.
We do not offer this product/s or equivalent. (if you wish to
commodities and/or services, please state particular product
wish to be classified.)
Our product schedule would not permit us to perform.
Unable to meet specifications.
Job too large.
Job too small.
Cannot provide required bonding.
Cannot provide required insurance.
Bidding through dealer.
Do not wish to do business with the
Other (Please specify below)
REMARKS:
Company Name:`
Address: �-
City:
Contact ame:
Busin s Telephone Number
In rnet Address:
Internet Web Page URL:
. (Please explain
ain on bidders list for other
for service under which you
of Lubbock. (Please explain below)
State: Zip
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FAX:
ITB#203-03/BM.d« 19
ITB #203-03BM, 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 13a' Street
Lubbock, TX 79401
Complete all areas below. Incomplete affidavits may be rejected.
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?
2. How many residents of the City of Lubbock are employed at the above business location?
3. Year your business was established in the City of Lubbock:
4. For transactions that require sales tax, provide the following Reseller information:
Reseller Permit Number:
Company Name and Address (as it appears on permit):
Does your business have more than one office in the State of Texas? Yes No
If Yes, identify the office location considered as the point -of sale credit for sales tax purposes:
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 foregoing statements are true and correct. It is further acknowledged
that any person, firm, corporation or entity intentionally submitting false information to the City in an attempt to qualify for
eligibility shall be prohibited from bidding on City of Lubbock products and services for a period of one (1) year.
Authorized Signature:
Printed Name and Title:
Date:
IT0#203.03/11M.doc 20
ITB #203-03/13M, 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.
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.
5. Any meter that does not meet the requirements of AWWA C708-96 standard and the City of
Lubbock's supplementary requirements in this document shall be rejected.
6. 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.
IT11#203-03/13M.doc 21
ITB #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.
ITBN203-03/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 #203-03113M, 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 450angle from the
vertical.
4.3.6.3 Lock and Side Gears:
AS STATED IN AWWA STANDARD C708-96
4.3.6.4 Tumbler Pinions:
AS STATED IN AWWA STANDARD C708-96
ITB#203.03/BM.doc 24
ITB #203-03/13M, Water Meter Replacement — Annual Pricing
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 of the award and fail to remain in specification throughout the contract, then,
the manufacturer shall replace all meters rejected for failure to comply with these
specifications.
Workmanship and materials: The manufacturer shall replace, without charge, those
parts in which defects have developed within two years of shipment. This shall be done
on the return of the defective parts to the manufacturer or on proof of a defect;
however, this warranty shall not apply if the meter has been modified with
replacement parts not made by the manufacturer of the meter. The
manufacturer/supplier shall bear all costs for returned meters.
SECTION 6: DELIVERY
6.1 Markings:
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
IT13#203-03/13M.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.
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 rejected.
5. Any meter that does not meet the requirements of AWWA C702-01 standard and the City of
Lubbock's supplementary requirements in this document shall be rejected.
6. All meters submitted for shop or field test prior to the bid award shall be free of charge to the City
of Lubbock and becomes the property of the City of Lubbock.
7. Basis for Rejection
Meters not complying with all requirements of AWWA C702-01 and the City of Lubbock
specifications shall be rejected.
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#203-03/13M.doc 26
ITB #203-03/13M, 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
IT0#203-03/11M.doc 27
ITB #203-03/BM, Water Meter Replacement —Annual Pricing
valve, the valve design shall meet all applicable elements of the above standard
requirements.
SECTION 4.2: GENERAL DESIGN
4.2.1 Size
As shown Table 1 of AWWA STANDARD C702-01
4.2.2 Capacity
AS SHOWN IN TABLE 1.1, AWWA STANDARD C702-01 (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.
IT8#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.
IT11#203-03/11M.doc 29
ITB #203-03/13M, 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
rep-ister 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
rejected.
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
ITB #203-03BM, Addendum #1
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
MAILED TO VENDOR:
CLOSE DATE:
ADDENDUM #1
ITB #203-03 / BM
Water Meter Replacement - Annual Pricing
October 28, 2003
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 Tabulation from the previous bid, ITB#048-02/BM is attached.
All requests for additional information or clarification must be submitted in writing and directed to:
Bruce Mac Nair, Senior Buyer, 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 MacXair
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/BMAdl
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
DescriptionNendor(s)
Vendor Location
Unit Cost Total Amount
1 5,000 EA
-inch x 3 4-inch Cold Water 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
B20 and Associates
Arlington, 7X
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
B20 and Associates
Arlington, 7X
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
B20 and Associates
Arlington, 7X
Not Quoted as Specified
4 100 64
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
B20 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
B20 and Associates
Arlington, 7X
$1,300.00 $13,000.00
Morrison Supply (Alternate)
Lubbock, TX
Not Quoted as Specified
6 10 64
4-inch Compound Water Meter
Morrison Supply
Lubbock, TX
$1,758.24 $17,582.40
B20 and Associates
Arlington, 7X
$1,900.00 $19,000.00
Morrison Supply (Alternate)
Lubbock, TX
Not Quoted as Specified
7 2 64
6-inch Compound Water Meter
Morrison Supply
Lubbock, TX
$3,406.59 $6,813.18
Morrison Supply (Alternate)
Lubbock, TX
Not Quoted as Specified
B20 and Associates
Arlington, 7X
Not Quoted as Specified
8 1 EA
8-inch Compound Water Meter
Morrison Supply
Lubbock, TX
$4,236.26 $4,236.26
B20 and Associates
Arlington, 7X
$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
No Response:
Accuratemeter
Biancett 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 13r" STREET
LUBBOCK, TEXAS 79401
PH: (806) 775-2167 FAX: (806) 775-2164
http://purchasing.ci.iubbock.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:
Bruce MacNair, Senior Buyer, 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 suc notifications will be made.
ITB#203-03/BMAd2
!l o - a 3
LA
ISO 9002 CERTIFIED
100 EAST 15th STREET, SUITE 350
FT. WORTH, TEXAS 76102
817-336-3837
800-765-6518
FAX 817-336-3840
November 19, 2003
City of Lubbock
Mr. Bruce MacNair
Senior Buyer
P.O. Box 2000
Lubbock, Texas 79457
Ref: Water Meter Bid # 203-03/13M
Dear Mr. MacNair:
Thank you for the opportunity to offer our products and service for your consideration.
Please let this letter serve as an affidavit of compliance with the most recent revisions of AWVVA
Standards C708-96 and C702-01, as well as the supplementary bid specifications outlined in your bid
number 203-03/13M.
Please note that the compound meters being offered by Master Meter are dual body compounds and
the City of Lubbock specifications call for single body. This is the only exception to the bid
specifications.
All warranty repair and service on products will be provided from our facilities in Longview, Texas. Mr.
Ric O'Connor is our Territory Sales Manger for your area. He will provide any additional field support for
our products and will call on the City periodically to handle any questions or needs that might arise.
Please note that all meters can be provided with or retrofitted with electronic modules for walk -by or
drive -by radio reading for an additional $115 per meter. Master Meter would be glad to demonstrate the
capabilities of these products at a later date.
If you have any questions, please don't hesitate -to call us at 1-800-765-6518.
Sincerely,
Ronnie Veach
Vice President / S
Visit our Web Site: www.mastermeterinc.com
r IV
'``-'?tilr?�`--��;tr."F'r-�T�►`T^.e��+-q.n
1 Y O
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P U
TO:
MASTER METER INC
100 E 15TH ST, #350
FORT WORTH TX 76102
City of Lubbock
R C H A S E 0 R D E R
Resolution No.
Page -
Date
Order No. -
Brn/Plt -
SHIP TO:
CITY OF LUBBOCK
WATER UTILITIES OPERATIONS
402 MUNICIPAL DR
LUBBOCK TX 79401
2003—RO574
1
12/23/03
253489-000 OP
3511
----------------------------- -
Ordered - 12/23/03 Freight - FOB Destination Frt Prepaid
Requested - 01/26/04 Placed By - BRUCE MACNAIR 775-2163
Special Ins Ref. ITB#203-03/BM REQ#24289
-------------------------------------------------------------------------------------.
Description / Supplier Item Ordered UM Unit Cost UM
--------------------------- ------- ------ ----------------- --
1 INCH MULTI -JET METERS 1500.000 EA 63.7600 EA
BID #203-03/BM THIS ORDER IS FOR 1500 1 INCH MULTI -JET WATER
METERS. THE STARTING METER NUMBER IS 02031370 AND THE ENDING
NUMBER IS 02032869
Extension Req. Dt
-------------------------
95,640.00 01/26/04
This purchase order encumbers funds in the amount of $95,640 for the purchase of one -inch Multi jet meters
awarded to Master Meter, Inc., 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.
Resolution number: 2003-RO574.
CITY OF UB CK ATTEST:
M rc cDou yor ebecca Garza, City Secretary
APPROVED AS 10 FORM:
Attorney
Total Order
-------------------------------------------------------------------------------------
Terms NET 30 95,640.00
1000260
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 constittite a breach and Seller shall not
have the right to substitute a confomring 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 famished 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 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 yeaf2000 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 he 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
by way of infringement of the like. Buyer makes no warranty that the production of goods
according to the specification will not give rise to such a claim, and in no event 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 terns hereof including warranties
of Seller or if the Seller becomes insolvent or comi nits 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 parry'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 hamdess 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.
1000250
City of Lubbock
U R C H A S E 0 R D E R
TO:
MASTER METER INC
100 E 15TH ST, #350
FORT WORTH TX 76102
Resolution No. 2003 RO574
Page - 1
Date - 6/10/04
Order No. - 261200-000 OP
Brn/Plt - 3511
SHIP TO:
CITY OF LUBBOCK
WATER UTILITIES OPERATIONS
402 MUNICIPAL DR
LUBBOCK TX 79401
Ordered - 06/10/04 Freight - FOB Destination Frt Prepaid
Requested - 07/15/04 Placed By - BRUCE MACNAIR 775-2163
Special Ins REF: ITB#203-03/BM
-------------------------------------------------------------------------------------.
Description / Supplier Item
Ordered
UM
Unit Cost
UM
-------------------
Extension
Req. Dt
--------
------------------------------------------
1 inch multi -jet meters
1000.000
-- ---------------
EA
63.7600
EA
63,760.00
07/15/04
Meter numbers start with 02032870 and end with 02033869.
This purchase order encumbers funds in the amount of $63,760 for the purchase of one -inch Multi jet meters
awarded to Master Meter, Inc., 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 #203-03/13M.
Resolution number: 2003-RO574. -.-9
CITY OF LUBB K ATTEST:
� (0-A
Marc Mc ougal, Ma Rebecca Garza, City Secretarg
APPROVED AS TO FORM: 1
Total Order
-------------------------------------------------------------------------------------
Terms NET 30 63,760.00
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 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 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 Sellers 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 rigbts 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 famished 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 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
by way of infringement of the like. Buyer makes no warranty that the production of goods
according to the specification will not give rise to such a claim, and in no event 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 banlmmptcy. 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 Gen 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 parry'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 patty 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.
1000250
1 Y O
P U
� � t
t
TO:
MASTER METER INC
100 E 15TH ST, #350
FORT WORTH TX 76102
City of Lubbock
R C H A S E 0 R D E R
Respuetion No.
age
Date -
Order No. -
Brn/Plt -
2003—RO574 1
6/22/04
261628-000 OP
3511
SHIP TO:
CITY OF LUBBOCK
WATER UTILITIES OPERATIONS
402 MUNICIPAL DR
LUBBOCK TX 79401
-----------------------------------------------------------------------------------
Ordered - 06/22/04 Freight - FOB Destination Frt Prepaid
Requested - 07/23/04 Placed By - BRUCE MACNAIR 775-2163
Special Ins Ref: ITB#203-03/BM
-------------------------------------------------------------------------------------.
Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt
------------------------------------------ ----------------- -- -------------------------
5/8X3/4-Inch Multi -jet mete 1000.000 EA 27.2500 EA 27,250.00 06/22/04
with Standard Register
Meter numbers begin with 01029325 and end with 01030324.
This purchase order encumbers funds in the amount of $27,250 for the purchase of one thousand 5/8 x 3/4-inch
Multi jet meters with standard registers awarded to Master Meter, Inc., 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. Resolution number: 2003-RO574.
ATTEST:
R becca Garza, City Secretary
Total Order
-------------------------------------------------------------------------------------
Terms NET 30 27,250.00
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 ofpackaging 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 PROHIBfI'ED. 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 bas
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.
& 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 yeaf2000 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 parry
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 retum 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
by way of infringement of the like. Buyer makes no warranty that the production of goods
according to the specification will not give rise to such a claim, and in no event 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
Tights 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 parry.
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 parry to this contract in good faith has reason to
question the other parry's intent to perform he may demand that the other parry 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 parry 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.
1000250
t Y O
P U R C H A S
TO:
MASTER METER INC
101 REGENCY PARKWAY
MANSFIELD TX 76063
E 0 R D E R
Resolution No.
Page
Date -
Order No. -
Brn/Plt -
SHIP TO:
2003—RO574
1
11/16/04
268774-000 OP
3511
CITY OF LUBBOCK
WATER UTILITIES OPERATIONS
402 MUNICIPAL DR
LUBBOCK TX 79401
----------------------------
Ordered - 11/16/04 Freight - FOB Destination Frt Prepaid
Requested - 12/17/04 Placed By - BRUCE MACNAIR 775-2163
Special Ins Ref: ITB# 203-03/BM
--------------------------------------------------------------------------------------
Description / Supplier Item Ordered UM Unit Cost UM Extension
---------------------------------- --------------- ----------------- -- -----------------
1"Multi-jet water meters 1500.000 EA 63.7600 EA 95,640.00 12/17/04
Starting meter number is 02033870 and the ending meter
number is 02035369.
This purchase order encumbers funds in the amount of $95,640 for the purchase of one thousand five -hundred
One -inch Multi jet water meters with standard registers awarded to Master Meter, Inc., 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. Resolution number: 2003-RO574.
CITY OF LUBBOCK ATTEST:
MardMcDou6al, C-1FORM:
yor Rebecca Garza, City SecretaAPPROVED AS ,
I1
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 shp. 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) famished 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,
be 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 terns 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.
I8. 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 thew
agreement and intended also as a complete and exclusive statement of the terms of thew
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 harrless 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 snch 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.
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