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HomeMy WebLinkAboutResolution - 2023-R0037 - Contract 16741 with Municipal Valve & Equipment 1.24.23Resolution No. 2023-R0037 Item No. 6.9 January 24, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute fol and on behalf of the City of Lubbock, Purchase Order No. 22300085 in accordance with RFP 23• 16741-TF for the purchase of pump station 4 valve project, by and between the City of Lubbocl and Municipal Valve & Equipment Company, Inc. of Addison, TX and related documents. Saic Purchase Order is attached hereto and incorporated in this resolution as if fully set forth hereir and shall be included in the minutes of the City Council. Passed by the City Council on January 24, 2023 TRAY AY5qf, YOR ATTEST: Rebe4ca Garza, City Secr APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager VED AS TO FORM: li Leisure, Assistant City Attorney ccdocs/RES.PurchaseOrd 22300085 Pump Station 4 Valve Project 12.20.22 �P City of Lubbock TEXAS PURCHASE ORDER TO: MUNICIPAL VALVE & EQUIPMENT COMPANY, INC. 4010 BILLY MITCHELL DR ADDISON TX 75001 Page - 1 of 2 Date - 12/20/2022 Order Number 22300085 000 OP Branch/Plant 92513 SHIP TO: CITY OF LUBBOCK P O BOX 2000 LUBBOCK TX 79457 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: jV Marta Alvarez, Director Pmdmmg & Contract Mmagement Ordered 1/24/2023 Requested 6/13/2023 Delivery PER A WADE REQ 59674 Freight Taken By RFP 23-16741-TF T FLORES If you have any questions about this order, please contact John Turpin, P.E., at 806-775-2342 or via email at ITurpin@mylubbock.us Description/Supplier Item Ordered Unit Cost UM Extension Request Date 42" Butterfly Valve 1.000 24,874.4000 EA 24,874.40 6/13/2023 36" Butterfly Valve 5.000 21,841.8000 EA 109,209.00 6/13/2023 30" Butterfly Valve 3.000 14,372.4000 EA 43,117.20 6/13/2023 24" Butterfly Valve 6.000 9,333.8000 EA 56,002.80 6/13/2023 Total Order Terms NET 30 233,203.40 Page - 2 of 2 of Date - 12/20/2022 Lubbciotyck PURCHASE ORDER Order Number 22300085 000 OP TExas Branch/Plant 92513 TO: MUNICIPAL VALVE & EQUIPMENT COMPANY, INC. 4010 BILLY MITCHELL DR ADDISON TX 75001 SHIP TO: CITY OF LUBBOCK P O BOX 2000 LUBBOCK TX 79457 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: JV Marta Alvarez Pmrhasmg & Contract Management Ordered 1/24/2023 Freight Requested 6/13/2023 Taken By Delivery PER A WADE REQ 59674 INSURANCE REQUIRED: Commercial General Liabilitv Requirements: $1M RFP 23-16741-TF occurrence i $2M aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Automatically add an excess liability of $4M. Commercial General Liability Heavy Equipment Endorsement: Heavy equipment endorsement is required Commercial General Liability Digging Endorsement: XCU endorsement is required T FLORES Builder's Risk Requirements: Builder's Risk Insurance is needed for this project, and at a minimum, the insurance should cover the full insurable value of the improvements. Professional Liability Requirements: $1M occurrence $2M aggregate Workers Compensation and Emulover Liability: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1,000,000) is required with Workers Compensation. Automotive Liability: Crime Protection Coverage Requirements: Employee Combined Single limit for Any Auto - $1,000,000' occurrence as Dishonesty or Fidelity Bond coverage REQUIRED in an needed. I amount eoual to the maximum exposure. *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. This purchase order encumbers funds in the amount of $233,203.40 awarded to Municipal Valve & Equipment Company, Inc. of Addison, TX, on January 24 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated November 7, 2022, from Municipal Valve & Equipment Company, Inc. of Addison, TX, and RFP 23-16741-TF. Resolution # 2023-R0037 CITY CK: Tray Pa , or ATTEST: - 11Q�J_xa_ Ac Rebec a Garza, City Secret Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES. by supnlvine any Goods or Services that the Contractor has read, full understands. and will be in full compliance with all lemrs and conditions and the descriptive material contained here' and any additional associated documents and Amendments. The City disclaims any terms and conditions_ provided b the Contractor unless arrived upon in writing by the parties. In the event of conflict between the City's terms an conditions and anv terms and conditions Drovided by the Contractor.. the terms_ and-conditiQs provided herein sha I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 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 withal] provisions ofthis contract as to time ofdelivery, quality and the like. Ifa 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. S e I I e r 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. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7 SPECIAL TOOLS & TEST EQUIPMENT If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or requied by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free perfomanceandfsult-free result in the processingdateand daterelateddata (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. 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 issued 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. NON APPROPRIATION. 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 ronapproptiation 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 atany 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. 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them 14. 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. 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 14. herein 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terrns 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. 17. 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 conformitywith this paragraph. 18. 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. 19. 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 terns of them agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whenever 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. 21. 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. 22. 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. 23. 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. 24. 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 rue, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. Texas Goverment Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructionsfor completing Form 1295 are available at: hmD:/ cocoa.ci.lubbock.tx.us/deoartmental- wvhsitadmartmcnrspurchasinc vvndpr-inFomutipn 30. No Boycott of lsraeL Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the tern of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicimr;Q n. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran. Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Goverment Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 35. Pursuant to Section 552.301(c) of the Texas Goverment Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request: Please send this request to this email address for it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer REV. 3/2022 City of Lubbock, TX Public Works RFP 23-16741-TF Pump Station 4 Valve Project Municipal Valve & Equipment Company, Inc. of Addison, TX Items General # 1-1 Furnish 42" butterfly valve as herein specified. #1-2 Furnish 36" butterfly valve as herein specified. #1-3 Furnish 30" butterfly valve as herein specified. #14 Furnish 24" butterfly valve as herein specified. QTY Unit Extended +/- U/M Price Cost 1 EA $24,874.40 24,874.40 5 EA 21,841.80 109,209.00 3 EA 14,372.40 43,117.20 6 EA 9,333.80 56,002.80 Total (Items 1-1 through 1-4): $233,203.40 City of Lubbock, TX Purchasing and Contract Management Vendor Acknowledgement Form The City of Lubbock reserves the right to accept or reject any and all. 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 proposal to the above firm? YES X NO THE OFFEROR HEREBY ACKNOWLEDGES RECEIPT INSURANCE REQUIREMENTS I, the undersigned Vendor certify that the insurance requirements this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. The following definitions apply to this state statute: (1) 'Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. TEXAS GOVERNMENT CODE 2274 By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. VENDOR ACKNOWLEDGEMENT In compliance with this procurement, the undersigned offeror having examined the request for proposal, instructions to offerors, documents associated with the request for proposals, and being familiar with the conditions to be met, has reviewed the information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 • Federal and State Regulations • Master Agreement An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in proposal rejection. J i�d�0�022 16:22 CST) Authorized Signature .Tim Anderson Print/Type Name Municipal Valve & Equipment Company. Inc. Company Name Vice President of Operations Title 11 /07/2022 Date 4010 Billy Mitchell Drive Address Addison, TX 75001 City, State Zip Code Contact for questions, clarifications, etc. Name and Title: Jim Anderson Vice President of Operations Mailing Address: 4010 Billy Mitchell Drive City, State, Zip: Addison TX 75001 Telephone No: PH 972-248-2600 Fax No: FAX 972-767-4414 E-Mail: JAnderson@municipalvalve.com Cheryl Brock Changed On Description Before After Current Balance Cost of Good/Services ` Additional Info 09/29/2022 Current Account Balance $868,968.64 $865,709.30 $865,709.30 Plan (PUR-2022-16741) 09/29/2022 Funds @ Row 1 $868,968.64 $865,703.30 $865,709.30 Plan (PUR-2022-16741) 09/29/2022 Geo Rules Caller Type None Submittal —Received $865,709.30 Plan (PUR-2022-16741) 09/29/2022 Completed No Yes $865,709.30 Plan Submittal Item Review (Budget Director) 09/29/2022 Complete Date [none] 9/29/2022 $865,709.30 Plan Submittal Item Review (Budget Director) 09/29/2022 Item Review Status ID Under Review Approved $865,709.30 Plan Submittal Item Review (Budget Director) 09/29/2022 Passed No Yes $865,709.30 Plan Submittal Item Review (Budget Director) 09/29/2022 Submittal Status ID Under Review Approved $865,709.30 Plan submittal text: (9/29/2022) 01/12/2023 Geo Rules Caller Type None Submittal —Received $865,709.30 Plan (PUR-2022-16741) 01/12/2023 Completed No Yes $865,709.30 Plan Submittal Item Review (Risk Management Coordinator) 01/12/2023 Complete Date [none] 1/12/2023 $865,709.30 Plan Submittal Item Review (Risk Management Coordinator) 01/12/2023 Item Review Status ID Under Review Approved $865.709.30 Plan Submittal Item Review (Risk Management Coordinator) 01/12/2023 Passed No Yes $865,709.30 Plan Submittal Item Review (Risk Management Coordinator) 01/12/2023 Geo Rules Caller Type None Submittal —Received $865,709.30 Plan (PUR-2022-16741) 01/12/2023 Completed No Yes $865,709.30 Plan Submittal Item Review (Budget Director) 01/12/2023 Complete Date [none] 1/12/2023 $865,709.30 Plan Submittal Item Review (Budget Director) 01/12/2023 Item Review Status ID Under Review Approved $865,709.30 Plan Submittal Item Review (Budget Director) 01/12/2023 Passed No Yes $865,709.30 Plan Submittal Item Review (Budget Director) 01/12/2023 Complete Date 1/12/2023 1/12/2023 $865,709.30 Plan Submittal Item Review (Risk Management Coordinator) 01/12/2023 Submittal Status ID Under Review Approved $865,709.30 Plan submittal text: (1/12/2023) Jill MacDougall Changed On Description 09/29/2022 Geo Rules Caller Type 09/29/2022 Plan Note added 09/29/2022 Completed 09/29/2022 Complete Date 09/29/2022 Item Review Status ID 09/29/2022 Submittal Status ID 10/03/2022 Geo Rules Caller Type Before After None Submittal —Received No Yes [none] 9/29/2022 Under Review Requires Resubmission Under Review Requires Resubmission None Submittal —Received Current Balance Cost of Good/Services $865,709.30 $865,709.30 $865,709.30 $865,709.30 $865,709.30 $865,709.30 $865,709.30 Additional Info Plan (PUR-2022-16741) Plan note text: (Needs insurance portal response email. Current attachment gives error code) Plan Submittal Item Review (Risk Management Coordinator) Plan Submittal Item Review (Risk Management Coordinator) Plan Submittal Item Review (Risk Management Coordinator) Plan submittal text: (9/29/2022) Plan (PUR-2022-16741) January 13, 2023 Page 1 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-967455 MUNICIPAL VALVE & EQUIPMENT CO Addison, TX United States Date Filed: 12/28/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 22300085 Butterfly Valves Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary Greene, Randy Carrollton, TX United States X McGoodwin, David Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is /E+0 and my date of birth Is My address is 10 A 1-0 p t ` 1 Jr' , (s t) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. / c Executed in Q 1 G County, State of t-� J , on ay o C , 20_32. (month) (Year) ss Signature o43jkhohzed agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.etnics.smte.tx.us version vs.o.i.sac000au CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-967455 MUNICIPAL VALVE & EQUIPMENT CO Addison, TX United States Date Filed: 12/28/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 01/04/2023 g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 22300085 Butterfly Valves 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Greene, Randy Carrollton, TX United States X McGoodwin, David Dallas, TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0