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R-12-06-14-G9 - 6/14/2012 RESOLUTION NO. R-12-06-14-G9 WHEREAS, the City of Round Rock has the obligation to protect the health, safety and welfare of its citizenry by procuring various parts for the repair and maintenance of water lines and wastewater lines, and WHEREAS, the procurement of such parts on an ongoing basis, both in emergency and non- emergency situations, is a critical municipal function, and WHEREAS, the City is under no obligation, statutory or otherwise, to advertise for bids for the { provision of needed repair and maintenance parts for water lines and wastewater lines, as such fall under the general exemption to competitive bidding requirements cited in Texas Local Government Code Section 252.022(a)(2) regarding procurements necessary to preserve or protect the public health or safety of the municipality's residents, and WHEREAS, a benefit would nevertheless accrue to the City to request and receive pricing proposals for such parts, and WHEREAS, the City did so seek pricing proposals for the provision of repair and maintenance parts and associated services for water lines and wastewater lines, and z WHEREAS, HD Supply Waterworks, Ltd., has submitted its proposal to provide selected parts t at reasonable pricing, and WHEREAS, the City Council wishes to contract with HD Supply Waterworks, Ltd. Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the City Council finds that all goods and services related to provision of repair and maintenance parts for water lines and wastewater lines are procurements necessary to preserve or protect the public health or safety of the residents of the City, and as such fall under the general exemption to competitive bidding requirements cited in Texas Local Government Code Section 252.022(a)(2). 0'\wdox\SCClnts\0112\1204\MUNICIPAL\00251706_DOC ' r k That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Provision of Repair and Maintenance Parts and Services for Water Lines and Wastewater Lines From HD Supply Waterworks, Ltd., a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of June, 2012. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: VU k SARA L. WHITE, City Clerk 3 4 L i 2 t k EXHIBIT «A» CITY OF ROUND ROCK AGREEMENT FOR PROVISION OF REPAIR AND MAINTENANCE PARTS AND SERVICES FOR WATER LINES AND WASTEWATER LINES FROM HD SUPPLY WATERWORKS,LTD. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS This Agreement for provision of repair and maintenance parts and associated services for water lines and wastewater lines, referred to herein as the "Agreement," is made and entered into on this the day of the month of , 2012, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as "City," and HD SUPPLY WATERWORKS, LTD., whose office address is 1800 Royston Lane, Round Rock, Texas 78664, referred to herein as "HD" or "Vendor." This Agreement supersedes and replaces any previous agreements between the named parties, whether oral or written, and whether or not established by custom and practice. i RECITALS: F WHEREAS, City desires to contract for the provision of repair and maintenance parts and associated services for water lines and wastewater lines, and City desires to purchase same from HD; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by HD; and 4 WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and HD whereby City is obligated to buy specified goods in a non-guaranteed number/amount and HD is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated IFB 00247078/j kg/3/28/12 revis ion 11-014, Specification Number 11-670 dated August 2011; (b) HD's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; 3 (2) HD's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. F. HD means HD Supply Waterworks, Ltd., or any of its corporate structures, successors or assigns. 2.01 EFFECTIVE DATE,INITIAL TERM,AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for three (3) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be extended for successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such extensions, with such extensions to occur on or before the expiration date of the preceding term, s and with such extensions being absolutely predicated upon the express written agreement of both parties. Such extensions are permitted only provided HD has performed each and every contractual obligation specified in this original Agreement. C. Prices shall be firm for the duration of this Agreement and for any extension periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. 2 x i (1) City may permit "unit price" adjustments upwards not to exceed five percent (5%) per year of the original unit price on those items bid as "Per Unit." Such price adjustment shall be only as a result of a cost increase in accordance with the Producers Price Index (PPI) at http://stats.bis.giy/ppi/. Any price increase shall be requested by HD in writing E and accompanied by the appropriate documentation (to include the supporting PPI information for that item) to justify the requested increase, and shall conform to allowable percentage changes and to all requirements delineated in this Agreement and in IFB 11-014, Specification Number 11-670 dated August 2011. HD may offer price decreases in excess of the allowable percentage change at any time. (2) For items bid as a"Cost Plus Percentage" a price increase is not applicable or allowable, as the cost of the item is a direct pass-through to City. A copy of the associated manufacturer invoice shall be submitted with invoice to City for said items. No price increase shall be permitted on the mark-up percentage. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS s City selected HD to supply the goods as outlined in IFB 11-014, Specification Number 11-670 dated August 2011, and Response to IFB submitted by HD, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by HD in its Response to the IFB. The goods which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this f Agreement as if repeated herein in full. 4.01 INITIAL RESORT TO PROVIDERS, AND SUBSEQUENT RESORT TO SECONDARY PROVIDERS; MANDATES FOR PROVISION OF GOODS A. Initial Resort to Providers, and Subsequent Resort to Secondary Providers. The parties specifically acknowledge and agree as follows: HD shall be considered as one of =' four providers of the specified goods. City may, in its sole and unfettered discretion, elect to seek goods from any one of the four providers. Should the first provider contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event one of the remaining three providers may be considered "best value" and be contacted to provide the goods as a secondary provider. Should both the first and second providers contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event one of the remaining two providers may be considered "best value" and be contacted to provide the goods as a secondary provider. Should both the first, second, and third providers x contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event the last remaining provider may be considered "best value" and be contacted to provide the goods as a secondary provider. R 3 x HD specifically further acknowledges and agrees as follows: This Agreement is not an exclusive agreement. City may, in its sole and unfettered discretion, elect to use any of the four providers in whatever order it deems most advantageous to City's purposes. City may, in its sole and unfettered discretion, elect to use any other providers. City is not obligated to use or purchase any estimated annual quantity of goods, and no guarantee is made of any minimum or maximumpurchase. B. Mandates for Provision of Goods — Emergency Order and Delivery. HD specifically further acknowledges and agrees as follows: City shall make a notification call to HD by telephone with emergency order and delivery instructions for delivery of goods that City has designated for emergency order and delivery. In the event that HD does not answer the telephone and/or return City's notification voicemail within fifteen (15) minutes of initial placement of call by City, then and in that event City may contact and place the order with any secondary provider as provided above. Non-answer of notification call may result in City declaring HD to be non-compliant with the order and under this Agreement; non-returned voicemail within fifteen (15) minutes may result in City declaring HD to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of"repeated non-compliance" shall mean three (3) incidents, either sequential or not, of non-compliance as delineated in this paragraph within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. 3' When City has notified HD of an emergency order and delivery HD shall have trained personnel on-site within two (2) hours of City's notification, and HD shall fulfill in full the emergency parts orders within two (2) hours of the site visit. Emergency goods, parts, and items shall be delivered to the location specified by City, or at City's election HD shall allow City to pick up said goods on the same day. Driving distance from City's location to HD's parts facility shall not exceed 100 miles. If the ordered goods are not delivered on-site or in-hand to City strictly within the timeframe specified in this Agreement, then and in that event HD may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods elsewhere from the remaining three providers or from a different source. } Mandates for Provision of Goods — Non-Emergency Order and Delivery. HD f specifically further acknowledges and agrees as follows: City shall make a notification call to HD by telephone with non-emergency order and delivery instructions for delivery of goods that City has designated for non-emergency order and delivery. In the event that HD does not answer the telephone and/or return City's notification voicemail within twenty-four (24) hours of initial placement of call by City, then and in that event City may contact and place the order with any secondary provider as provided above. E Non-answer of notification call may result in City declaring HD to be non-compliant with the order and under this Agreement; non-returned voicemail within twenty-four (24) hours may result in City declaring HD to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) } s t 4 incidents, either sequential or not, of non-compliance as delineated in this paragraph within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. When City has notified has designated for non-emer-gency order and delivery, HD shall fulfill in full the non-emergency parts orders within the dates and times specified by City in the Purchase Order. Driving distance from City's location to HD's parts facility shall not exceed 100 miles. If the ordered goods are not delivered on-site or in-hand to City strictly within the timeframe specified in this Agreement, then and in that event HD may be deemed to be non- compliant with the order and its "best value" designation suspended as to that order, and City t shall be free to procure the goods elsewhere from the remaining three providers or from a different source. f 5.01 ITEMS AWARDED; COSTS Only if, as, and when needed by City, items are awarded to HD in accordance with bid items shown on Exhibit"A." HD specifically acknowledges and agrees that City is not obligated to use or purchase x any estimated annual quantity of goods. Only if, as, and when needed by City, the bid costs listed on Exhibit"A"shall be the basis of any charges collected by HD. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of HD; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another top erform certain ' governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of,partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback"procurements. t 5 Z 1 8.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving HD a written notice of termination at the end of its then-current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to HD will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. HD may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City if: A. There is a bona fide dispute between City and HD, a contractor, subcontractor, or supplier about goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between HD and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. F 10.01 GRATUITIES AND BRIBES t City may, by written notice to HD, cancel this Agreement without incurring any liability to HD if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by HD or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, HD may be subject to penalties stated in Title 8 of the Texas Penal Code. t 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in HD's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If HD cannot provide the goods as specified, City reserves the right and option to obtain same from another source or supplier(s). 6 s 13.01 INSURANCE HD shall meet all requirements as stated in the attached Invitation for Bid No. IFB 11- 014 (including all attachments and exhibits), and its bid response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Rick Whisenant, Utility Inventory Specialist City of Round Rock Public Works Department 910 Luther Peterson Place Round Rock, TX 78664 512-218-5570 512-801-4483 cell rwhisenant@round-rock.tx.us 15.01 RIGHT TO ASSURANCE 4 Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 16.01 DEFAULT If HD abandons or defaults hereunder and is a cause of City purchasing the specified services elsewhere, HD agrees that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. HD shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations { hereunder; s C. Fails to provide adequate assurance of performance under the "Right to } Assurance"section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty(30) days' written notice to HD. 7 B. In the event of any default by HD, City has the right to terminate this Agreement for cause, upon ten(10) days' written notice to HD. C. HD has the right to terminate this Agreement only for cause, in the event of material and substantial breach by City, or by written mutual agreement to terminate. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to HD, HD shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancelpromptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after notice of termination, HD shall submit a statement detailing the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay HD that portion of the charges, if undisputed. The parties agree that HD is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 18.01 INDEMNIFICATION HD shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of HD, or HD's agents, employees or subcontractors, in the performance of HD's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or HD (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES HD, its agents, employees and subcontractors shall use best efforts to comply with all federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 20.01 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to r each other with respect to the terms of this Agreement. Neither party shall assign, sublet or x transfer any interest in this Agreement without prior written authorization of the other party. 21.01 NOTICES t s All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: z A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. i s: 8 Notice to HD: HD Supply Waterworks, Ltd. 1800 Royston Lane Round Rock, TX 78664 Notice to City: Assistant City Manager Stephen L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and HD. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between City and HD. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council 24.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and HD shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, _ associated with the mediation shall be shared equally by the parties. City and HD hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration ` proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. X 25.01 SEVERABILITY 4 The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this f 9 Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions hereof shall not prevent this entire Agreement from being void should a provision that is of the essence of this Agreement be determined to be void. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. HD represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. HD understands and agrees that time is of the essence and that any failure of HD to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. HD shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to HD's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any t one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. E IN WITNESS WHEREOF, City and HD have executed this Agreement on the dates indicated. City of Round Rock, Texas HD Supply Waterworks,Ltd. By: By: Printed Name: Printed Na e: e, Title: Title: Ds�-�, f'hA.✓��.� Date Signed: DateSigned: f1j 7/ E: For City,Attest: For City,Approved as to Form: F- J: 3 By. By: Sara L. White, City Clerk Stephan L. Sheets, City Attorney 10 SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 DATED:AUGUST 2011 CITY OF ROUND ROCK INVITATION FOR BID REPAIR AND MAINTENANCE PARTS FOR WATER AND WASTEWATER LINES PART GENERAL 1. PURPOSE: The City of Round Rock, herein after"City", seeks an agreement with a qualified Individual, Firm, or Corporation, hereafter referred to as"Respondent", to provide repair and maintenance parts for municipal water and wastewater lines on an"as needed"basis. Parts include but are not limited to pipe, pipe fittings, fire hydrants, plumbing supplies and plumbing equipment. 2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions,Terms and Conditions shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions,Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions,Terms and Conditions can be obtained from the City's website hftp://www.rouhdrocktexas.qov/home/index.asp?Dacie=463. r 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at hftp://www.roundrocktexas.gov/home/index.asp?t)aqe=463. 4. CLARIFICATION: For questions or clarification of specifications,you may contact: i Joy Baggett Purchasing Department City of Round Rock Telephone:512-218-6682 j baggett(aD-ro u nd-rock.tx,us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Division. 5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 5.1. Be firms,corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 5.2. Have adequate organization,facilities, equipment and personnel to ensure prompt and efficient service to the City. 5.3. Identify any subcontractors to be used for this project. Experience, qualifications and I references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. y 5.4. Respondent shall employ a minimum of two qualified technicians. Service technicians shall ° be fully qualified to work on the listed equipment and employed by the successful respondent on the effective date of the agreement. Respondent shall verify that service personnel have e, EXHIBIT f1b1 of 11 "All t SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 DATED:AUGUST 2011 had training with a minimum of one year of"hands on"experience working on the listed equipment. 5.5. Provide the name, address,telephone number and E-MAIL of at least three(3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least(two)2 years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. NOTE: REFERENCE FORM (ATTACHMENT A) PROVIDED. E-MAIL ADDRESSES ARE REQUIRED. 6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on the best value for the City. In determining best value,the City may consider: 6.1. Purchasep rice and terms; 3 6.2. Reputation of Respondent and of Respondent's goods and services; 6.3. Experience, qualifications and quality of the Respondent's goods and services; 6.4. The extent to which the goods and services meet the City's needs; 6.5. Respondent's past relationship with the City; 6.6. The total long-term cost to the City to acquire the Respondent's goods or services; 6.7. Any relevant criteria specifically listed in the solicitation. 7. AGREEMENT AND TERMS: The terms of the awarded agreement shall: 7.1. The initial term of the resulting agreement shall be three(3)consecutive twelve(12)month periods from the effective date. The agreement may be renewed for two(2)additional periods of time, not to exceed twelve(12) months each, provided both parties agree in writing prior to the expiration of the current term. 7.2. The City reserves the right to review the respondents'performance at the end of each twelve (12)month period and cancel all or part of the agreement(s)or continue the agreement(s) through the next period. 7.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice the respondent of the deficiencies and the respondent shall have thirty(30)days to correct such deficiencies. If the respondent fails to correct the deficiencies ` with the thirty(30)days,the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 7.4. If the agreement is terminated,for any reason,the respondent shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts,to the City within fifteen(15)working days after completion of duties contained in the agreement. 7.5. The City may, at its discretion, award primary, secondary and tertiary agreements to provide l for timely delivery of required parts. 8. PRICE INCREASE OR DECREASE:A price increase or decrease to the agreement may be considered based on the following: 4 8.1. The City may permit"unit price"adjustments upwardly or downwardly not to exceed 5%per year of the original unit price. Unit prices may be adjusted for each renewal period and x extension period in accordance with an agreement. 8.2. Price increase cannot exceed 25%for the total per item cost and term of the agreement. 8.3. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE. i is 2of11 SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 DATED:AUGUST 2011 8.3.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Vendor shall supply supporting documentation as justification for each request. 8.3.2. Upon receipt of the request,the City reserves the right to accept the escalation and make change to the agreement within 30 days of the request, negotiate with the vendor or cancel the purchase order if an agreement cannot be reached on the value of the increase. 9. AWARD: The City reserves the right to accept or reject all or part of a response,waive minor technicalities and award the response to best serve the interests of the City. Split awards or non- award may be made at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http://www.roundrocktexas.gov/home/indeN:.asp? aqe=462. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation { timeline: 1.1. Solicitation released August 26,2011 1.2. Pre-Solicitation Meeting (Non-Mandatory) September 13,2011 2:00 PM WLM and WWLM Warehouse 910 Luther Peterson Place Round Rock,TX 78665 E 1.3. Deadline for alternate equivalent product specification submission September 16,2011 1.4. City responses to alternate product requests September 21,2011 1.5. Deadline for questions September 23,2011 1.6. City response to all questions or addendums September 30,2011 1.7. Responses for solicitation due by 3:00.p.m. October 11,2011 1.8. Site visit to Respondent location (if necessary) November The City reserves the right to modify these dates. Notice of date change will be posted to the City website. 2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 P.M.,on the l date noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock,Texas 78664-5299 2.1. Responses received after this time and date will not be considered. 2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number,due date and "DO NOT OPEN". 2.3. Facsimile or electronically transmitted responses are not acceptable. 3of11 SOLICITATION NUMBER 2 4 Late responses SPECIFICATION NUMBER will be returned to Respondent unopened 2.5. Bids will not be readSATED:AUGUST 2011 � Posted to the Cit es aloud due fo the volu if return address is provided. 3 y website at htt :// me of items PRE-SOLICIT www roundrocktexasesponses will be ATION MEETING: The OV, OM tabulated and Respondents an o Cit me/index.as ? a e=462. 3 Odunity to ask y will conduct apre-solicitation Meeting date questions they may have sol cer meeting time and location: to allow September 13 ping the solicitation, WLIVI and 20112:00 PIVI 901 Luther pW eM Warehouse on Round Rock, TX 78665 ace Attendance by teleconferencing meeting time CST g is available by calling the number below at the appointed 661-673-8600 k Access Code: 329457# 4. POST AWARD MEETING: 7 but not be limited to the following: City and Respondent shall have a post a 4.1. Schedule ward Meeting to discuss, 4.2• Schedule annual quarterly y service time frames. 4.3. Provide Cit and load test se City contact(s)information. price time frames. 4,4 Agreement to ►nation. mss, renewals, and extensions. PART III 1. SCOP SPECIFICATIONS E OF WORK: To lines on an"as needed" provide repair and maintenance Plumbing supplies and basis. Parts include pads for plumbin but are not limited to municipal water and wastewater 2. PRODUCT g equipment' Pipe, Pipe fittings critical re STANDgRDS: Any gs, fire hydrants, quirements of the Product line shown is listed to indicate type,easily interchangeable. Respondents desired. does not meets Pondents Product lines show readily class and pecifications in eve are cautioned That an n are readil minimum ry aspect will not be y material s Y easy to obtain or 21 The re accepted, Pecified or delivered pair products and items which currently in use by the Cit 2 1 1 Smith-Blair Y include: i 2.1.2. Romac 2.1.3. Ford 3 2.1.4. JCM : SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 DATED:AUGUST 2011 2.2. The fire hydrant products and items currently in use by the City include: 2.2.1. Clow 2.2.2. American Darling 2.2.3. Mueller A City fire hydrant assembly detail drawing is herein made a part of this solicitation as ATTACHMENT B. 3. ALTERNATE EQUIVALENT PRODUCTS: Alternate equivalent products may be considered with written approval of such by the City. 3.1. Respondent shall submit, at their own expense, a product specification sheet for the product line and items prior to submitting a bid no later than September 16, 2011. Respondent's reply e-mail shall be included with the submission as the City's written approval or denial shall be sent to that address. Failure to submit an e-mail address may result in disqualification of submittal. Said product sheet(s) can be mailed or e-mailed to: Joy Baggett Purchasing Department City of Round Rock 221 East Main Street Round Rock,Texas 78664 Telephone: 512-218-6682 f b a gg ett(cD ro a n d-ro c k.tx,u s 3.2. Written approval or denial of alternate equivalent products shall be sent to Respondent's to the e-mail provided with the submission no later than September 21, 2011. 3.3. Product approval notification from the City shall be submitted with response. Failure to submit product specifications for approval and/or submit proof of approval from the City may disqualify a response for consideration for award. 4. PRODUCT DOCUMENTATION: The Respondent shall maintain necessary technical documentation pertaining to specified parts for each order placed throughout the term of an agreement and extension periods. Product information sheets shall be submitted with solicitation response. Failure to submit product sheets for specified items may result in in disqualification of response. 5. ACCEPTANCE: Acceptance inspection should not take more than five(5)working days.The vendor will be notified within this time frame if the unit delivered is not in full compliance with the specifications. If any purchase order is canceled for a unit for non-acceptance,the needed equipment may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 6. EMERGENCY SERVICE: The successful Respondent shall maintain a local twenty-four(24) hour emergency order and delivery service. Trained Respondent personnel shall be on-site within two (2) hours of emergency notification from the City and shall fulfill emergency part orders within two (2)hours of site visit. Emergency items shall be delivered to the City on the same day OR be ' available for City staff to pick-up same day. Driving distance from the City to Respondent's parts facility shall not exceed 100 miles. City may purchase emergency part from any vendor source necessary should successful respondent not be able to fulfill order as specified. 7. CONSULTATION: Respondent personnel shall be knowledgeable in the field of municipal r waterline and wastewater line repair and able to provide analysis and consultation on repair as needed. 8. GOODS: The goods furnished under this specification shall be the latest improved model in current production, as offered to commercial trade, and shall be of quality workmanship and material. ti F 5of11 SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 DATED:AUGUST 2011 USED,SHOPWORN, DEMONSTRATOR, PROTOTYPE,AFTER MARKET OR DISCONTINUED MODELS ARE NOT ACCEPTABLE. 9. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the products or services needed to satisfy operating requirements within budgetary constraints,which maybe more or less than indicated. 10. CUSTOMIZED ORDERS: If price point mandates, the City shall bid and order, under separate solicitation,all custom ordered pieces on an as needed basis. This solicitation does not include customized part orders. 11. FREIGHT: Price shall include FOB destination, pre-paid and allowed unless otherwise specified in writing.The Respondent's price shall be deemed inclusive of delivery and transportation charges. No fuel surcharges shall be allowed. 12. DELIVERY: Non-emergency items shall be delivered to City within 4 weeks of order being placed. Driving distance from the City to Respondent's parts facility shall not exceed 100 miles. 13. WARRANTY:The goods specified shall be warranted against defects in material and workmanship for a period of not less than twelve(12)months beginning with the date of acceptance. If the manufacturer's standard warranty exceeds twelve(12)months, then the manufacturer's standard warranty shall be in effect.The successful Respondent shall furnish a copy of the manufacturer's warranty at time of delivery. 14. SUBMISSION REQUIREMENTS: Respondent shall submit one(1)original signed paper copy and three(3)copies,clearly identified as"copies"of its Proposal. In addition,the Respondent shall submit one(1)CD or USB Flash Drive, each containing a complete copy of response in PDF format, if required in the solicitation,the catalog pricing in an Excel spreadsheet.A complete copy of the response includes all documents required by this solicitation.The CD or USB Flash Drive should be clearly labeled with the solicitation name, number and name of Respondent. If supplemental materials are included with the response, each CD/USB must include such supplemental materials. The Response and accompanying documentation are the property of the City and will not be returned. Completed documentation shall include: 14.1. Itemized, Signed Bid Sheet 14.2. Product Information Sheets 14.3. City's written approval of product specified if other than that listed 14.4. Warranty Information 14.5. Experience of the Respondent's personnel 14.6. Three(3)client references that utilize like products or services. References to include Business Name,Contact Name,Address, Telephone, and e-mail. Failure to provide reference information may result in disqualification.A reference form is contained as a part of this submittal package. 14.7. Exception to specifications i x 6of11 SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 DATED:AUGUST 2011 15. RIGHT OF INSPECTION: The City reserves the right to inspect respondent's physical facilities prior to award to satisfy questions regarding respondent's capability to perform services and furnish goods. The respondent shall provide without charge, all information and data for this purpose with 24-hour notice from City. Said inspections shall only take place during normal business hours, 8:OOAM-5:00 PM Monday through Friday. 16. NON-APPROPRIATION:The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 17. INTERLOCAL COOPERATIVE CONTRACTING(PIGGYBACK): Other governmental entities may be extended the opportunity to purchase off of the City's Agreements,with the consent and agreement of the awarded vendor(s)and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However,all parties indicate their understanding and hereby expressly agree that the City is not an agent of, partner to,or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently-negotiated"piggyback" procurements. 18. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law,Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for the supplies, materials, equipment or services,whichever is later. The Vendor may charge a late fee(fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however,this policy does not apply to payments made by the City in the event: } 18.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or 18.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 18.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 18.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or agreement or other such contractual agreement. E 7of11 SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 DATED:AUGUST 2011 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name, address,telephone number and point of contact of at least three(3)firms applicable to Municipal and/or Government projects that have utilized similar service for at least two(2)years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) r t E 2. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) 3. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION.WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 11 of 11 F U ATTACHMENT B 3 • 9' rtYPICAL WATER ,MAIN ASSIGNMENT 2-2 N' DIA. (4, I CONNECTIONS (SEE NOTE 11) MAY VARY 1 1. (T`(P) 1 FIRE HYDRANT TO 66' MAX. LENGTH OF BE SET I'LUM6 FIRE HYDRANT ASSEMBLY 1 3 1-4 7i" DIA. I CONNECTION (SEE NOTE j1) I CONCRETE AROUND 1 1 VALUE CAN .UD (SEE VALVE BOX I ASSEMBLY DETAIL CONCRETE CURB 18" Ail DRAWING NO. INT'-06) 1 4" tijAX. •WE,4RING SURFACE 2" MIN. 1'6" MAX. I moi. ..•. •.. •• \. .. -'-,T.- I t�• � `j•'`� .b:yt.,•.r�,:� L• `.i ..r. - .. I CITY PF ROUND ROCK 8" MJ x STANDARD VALVE BOX I m FLANGED. VALVE ASSEMBLY (SEE CONCRETE BLOCKING WITH A (SEE NOTE2) SEPARATE DETAIL) MIN 1 k S4 FT BEARING AREA CLAS "A" CONCRETE DO NOT BLOCK DRAIN HOLES _ 61* DUCi1LE J. s IRON PIPE 4"x12 x12" CONCRETE. i Y :I „• BLOCK CLASS "A" CONCRETE I T•. MAIN UNE SIZE 6" TEE (SEE NOTE #2) CRUSHED STONE OR GRAVEL SHALL THRUST BLOCKING REQUIRED FOR BE PLACED AROUND THE,.BOTTOM OF PIPE SIZE AND SOIL CONDITION THE HYDRANT FOR RADIUS OF AT LEAST 12" AND EXTENDING AT LEAST 12" ABOVE THE OUTLET D.0 NOT BLOCK DRAIN HOLES -Nam- 1. THREADS ON CUTLET NOZZLES SHALL BE NATIONAL STANDARD THREAD. I 2. TEE MAY HAVE FLANGED. OUTLET FOR M.J. X FLANGED. GATE VALVE OR. ANCHOR (SWIVEL) TEE MAY BE USED WITH M.J. X M.J. GATE VALVE. 3. A BLUE REFLECTIVE DEUNEATOR QF TYPE APPROVED BY THE ENGINEER SHALL BE PLACED 2 TO 3 FEEL' 'OFFSET FROM THE CENTERLINE_OF .PAVED .STREEIS .OR'PAVED ACCESS WAYS, ON THE SIDE OF AND IN UNE I' WITH ALL NEWLY INSTALLED FIRE HYDRANTS. I. RECORD SIGNED C 1110RSS COPY (� (� ON FILE AT PLBLICITY t.l -i � V� DRAWING (V0; I APPRQV= WT-05 b4-01-1fl DATE .FIRE HYDRANT ASSEMBLY DETAIL fR0UNDROCK.TECAS aHCHtTscTjEercuvsaa Ai48UlO3s R68PON3IBIi1TY FOIi T88 APPROPBUTE nwu+vtw ravnsrnT USE OF THIS J)ETAM 046T TO SCAIX) SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 SOLICITATION INSTRUCTIONS DATED:AUGUST 2011 ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net line extensions shown. Respondents guarantees product offered will meet or exceed specifications identified in this Invitation For Bid(I FB). 1.2 Solicitations shall be submitted on Solicitation Sheet Each response shall be placed in a separate envelope completely and property identified. Responses must be in the Purchasing Department before the hour and date specified on the solicitation. 1.3 Late responses properly identified will be returned to respondent unopened. Late responses will not be considered. 1.4 Respond F.O.B.destination,freight,prepaid,&allowed unless otherwise speed on the solicitation. If otherwise,show exact cost to deliver. 1.5 Response shall show unit price on quantity and unit of measure specified,extension and show total. In case of errors in extension,unit prices shall govern. Responses subject to urtiimited price increase will not be considered. 1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. "Discount from List'responses are not acceptance unless requested. Cash discount will not be considered in determining the low response.All cash discounts offered will be taken if earned. 1.7 Responses shall give Tax Identification Number,full name and address of respondent Failure to sign will disqualify response. Person signing response shall show title and authority to bind signatories firm in an agreement Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one(1)of the following:Individual,Partnership,Sole Proprietorship,Estate/frust,Corporation,Governmental.Non-profit,all others shall be specified. INDIVIDUAL:List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP:List legal name followed by legal business name and Social Security Number. ALL OTHERS:List legal name of entity and Tax Identification Number(TIN). 1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent No response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax Do not include tax in response. 1.10 The City reserves the right to accept or reject all or any part of response,waive minor technicalities and award the response to best serve the interests of the City.Split awards may be made at the sole discretion of the City. i 1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or investigation for antitrust violations. 1.12 Telephone,facsimile,and electronically transmitted responses are not acceptable in response to the solicitation. 1.13 CAUTION:Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late,illegible, incomplete,or otherwise non-responsive. 2. SPECIFICATION: a 2.1 Any catalog,brand name or manufacturer's reference used in the solicitation is descriptive only(not restrictive),and is used to indicate type and quality desired. t Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If t other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes no exceptions to specifications or reference data in response,respondent will be required to furnish brand names,numbers,etc.,as specified in the solicitation. 2.2 All items on the solicitation shall be new,in first class condition,including containers suitable for shipment and storage,unless otherwise indicated in the solicitation. Verbal agreements to the contrary will not be recognized. 2.3 Samples,when requested,must be furnished free of expense to the City. If not destroyed in examination,they will be returned to the respondent,on request, at respondent expense. Each example should be marked with respondents'name and address,City solicitation number and code. Do not enclose in or attach to response. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation. 3. TIE RESPONSES: In case of tie responses,the award wit!be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Response shall show number of days required to place material in City s designated location under normal conditions. Failure to state deliver time obligates respondent to complete delivery in fourteen(14)calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet f` delivery promises without valid reason may cause removal from Vendor list(See 4.2 following.) 4.2 If delay is foreseen,Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised at all times of status of order. Default in promised delivery(without acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies elsewhere and charge full increase,if any,in cost and handling to defaulting Vendor. 4.3 No substitutions or cancellations permitted without written approval of the City. r 4.4 Delivery shall be made during normal working hours only,unless prior approval for late delivery has been obtained from the City,unless otherwise specified in the solicitation. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the cost of the testing shall be borne by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the City's option,be returned to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms,conditions,and specifications contained in the solicitation. Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is Issued. The agreement or purchase order shall be governed,construed,and interpreted under the Charter of the City and the laws of State of Texas. All agreements or purchase orders are subject to the approval of the City Council or Manager. 7. PAYMENT:Vendor shall submit three(3)copies of an invoice showing the agreement or purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from claims involving infringements of patents or copyrights. 9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement,which arise under the I' antitrust laws of the State of Texas.TX,Bus.And Comm.Code Ann.Sec.15.01,at seq.(1967). 10. RESPONDENT AFFIRMATION: 10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements,and the Respondent a` shall be removed from all Vendor lists. By signature hereon affixed,the respondent hereby certifies that 10.2 The respondent has not given,offered to give,nor intends to give any time hereafter any economic opportunity,future employment,gift,loan,gratuity,special discount, Up,favor,or service to a public servant in connection with the submitted response. 10.3 The respondent is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the respondent nor the firm,corporation,partnership,or any entity represented by the respondent,or anyone acting for such firth,corporation,or entity has violated the antitrust laws of this State codified in Section 15.01 at Seq.Texas Business and Commercial Code,or the Federal Antitrust Laws,nor communicated diredy or indirectly the response made to any competitor,or any other person engaged in such line of business. 10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation. 11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the response forth. WARNING:Such terms and conditions may result in disqualification of the response(e.g.responses with the laws of a state other than Texas requirements for prepayment,Limitations on remedies,etc.) The City of Round Rock can only accept responses which contain all the terms and conditions of its formal solicitation;in particular, all respondents'affirmations and certifications must be included. Submission of responses on fortes other than City's forth may result in disqualification of your response. i- 12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number,codes,and opening date. s y 10 of 11 'ROUND ROCK,TEXAS PURPOSE.PASSION.PROSPERIry. CITY OF ROUND ROCK, TEXAS INVITATION FOR BID REPAIR AND MAINTENANCE PARTS FOR WATER AND WASTEWATER LINES IFB No. 11-014 Addendum No. 1 Date of Addendum:_ September 30 2011 Please note the clarifications, revisions or additions to the solicitation referenced above. 1. Q: What is the anticipated Agreement start date? f A: The City anticipates an executed Agreement by January 2012. 2. Q: Will the City consider PVC Products as a "cost-plus" item due to the product's price volatility? A: Yes. The bid sheet has been modified to reflect this change. The attached bid sheet shall REPLACE the previous bid sheet. Respondents shall bid their percentage to be charged to the City above and beyond the cost of the PVC part. 3 Part invoices shall be submitted with the invoice as a requirement for payment. 3. Q: As the City recently awarded a contract for Meter Boxes, does the City still seek a price for Meter Boxes? + A: No. The bid sheet has been modified to reflect this change and is herein made a part of this Addendum. 4• Q: What references does the City seek? A: The City seeks end-user references. 6. Q: Does"Piggyback" mean our prices to the City of Round Rock are available to other City's? A: Yes. 6. Q: What quantity of each part should be bid? A: Only one (1) part shall be bid. Orders will be placed on as-needed basis. b t 7. Q: Can fire hydrant parts be bid as aftermarket? A: No. All fire hydrant parts shall be new, factory direct parts only. f 8. Q: If parts are stored in a vendor's yard and have been weathered due to being outside are they still acceptable? A: No. All parts shall be delivered in like-new condition or they will be rejected. 9. Q: How are fittings, valves, bolts and gaskets to be bid? A: Fittings and valves are to be bid separately as accessories. Bolts and gaskets are to be bid as kits. 3 10. Q: Are the full-circle clamps to be stainless steel? <' A: Yes. 11. Q: Are the Ford products to be brass? A: Yes. 12. Q: What brand name does the City currently utilize for air release valves and pressure reducing valves? A: The City utilizes ARI brand for air release valves and WATTS brand for pressure reducing valves. 13. Q: Who at the City will issue the part Purchase Orders? A: The Purchase Orders will be issued by the Water and Wastewater Line Maintenance Department. Approved by Joy Baggett, Purchaser E By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED z Vendor Authorized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH } YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. E: i x 's f ATTACHMENT A CITY OF ROUND ROCK INSURANCE REQUIREMENTS 1. INSURANCE:The Vendor shall Procure and maintain at its sole cost and expense for the duration of the contract or purchase order resultinq from a response to this bid/S ecification insurance against claims for iniuries to persons or damages lap which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder,its agents, representatives volunteers employees or subcontractors 1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 1.2. The following standard insurance policies shall be required: 1.2.1. General Liability Policy 1.2.2. Automobile Liability Policy 4 1.2.3. Worker's Compensation Policy 1.3. The following general requirements are applicable to all policies: 1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. I' 1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 1.3.4. Upon request,certified copies of all insurance policies shall be furnished to the City r 1.3.5. Policies shall include,but not be limited to,the following minimum limits: 1.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 1.3.5.2. Property Damage Insurance with minimum limits of$50,000.00 for s> each occurrence. t 1.3.5.3. Automobile Liability Insurance for all owned, non-owned,and hired vehicles with minimum limits for Bodily Injury of$100,000.00 each person,and$300,000.00 for each occurrence,and Property Damage Minimum limits of$50,000.00 for each occurrence. 1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 1.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 1.4. The City shall be entitled, upon request,and without expense to receive copies of insurance policies and all endorsements thereto and may make 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 either of the parties hereto or the underwriter of any of such policies). Upon such request by the City,the Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 1.5. Vendor agrees that with respect to the required insurance,all insurance contracts and certificate(s)of insurance will contain and state,in writing,on the certificate or its attachment,the following provisions: R 1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 1.5.2. Name the City and its officers,employees,and elected officials as additional insured's, (as the interest of each insured may appear)as to all applicable coverage. 1.5.3. Provide thirty days notice to the City of cancellation,non-renewal,or material changes 1.5.4. Remove all language on the certificate of insurance indicating: 1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City;and, 1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company,its agents,or representatives. 1.5.5. Provide for notice to the City at the addresses listed below by registered mail: 1.5.6. Vendor agrees to waive subrogation against the City, its officers,employees, and elected officials for injuries,including death,property damage,or any other loss to the extent same may be covered by the proceeds of insurance. 1.5.7. 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. 1.5.8. All copies of the Certificate of Insurance shall reference the project name,bid number or purchase order number for which the insurance is being supplied. 1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change,which notice shall be accomplished by a replacement Certificate of Insurance. 1.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock,TX 78664-5299 Round Rock,TX 78664 6. WORKERS COMPENSATION INSURANCE 6.1. Texas Labor Code, Section 406.098 requires workers'compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 6.1.1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 6.1.2. Duration of the project-includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been f completed and accepted by the OWNER. 6.2. Persons providing services on the project("subcontractor") in Section 406.096-includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes,without limitation,independent contractors,subcontractors,leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity,which furnishes persons to provide services on the project. "Services" include,without limitation, providing,hauling,or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services"does not i include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 6.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the CONTRACTOR providing services on the project,for the duration of the project. 6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 6.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project,the CONTRACTOR must, prior to the end of the coverage period,file a new certificate of coverage with the OWNER showing that coverage has been extended. 6.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 6.6.1. a certificate of coverage,prior to that person beginning work on the project,so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project;and 6.6.2. no later than seven calendar days after receipt by the CONTRACTOR,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 6.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery,within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 6.9. The CONTRACTOR shall post on each project site a notice,in the text,form and manner prescribed by the Texas Workers'Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. 6.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,to: 6.10.1. provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory k requirements of Texas Labor Code,Section 401.011(44)for all its employees x providing services on the project,for the duration of the project; 6.10.2. provide to the CONTRACTOR,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project,for the duration of the project; 6.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 6.10.3.1. obtain from each other person with whom it contracts,and provide to the CONTRACTOR: f 6.10.3.1.1. a certificate of coverage, prior to the other person beginning work on the project;and 6.10.3.1.2. a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project i 6.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6.10.3.3. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and 6.10.3.4. contractually require each person with whom it contracts,to perform as required by paragraphs(A thru G),with the certificates of coverage to be provided to the person for whom they are providing services. 6.10.3.5. By signing the solicitation associated with this specification,or providing,or causing to be provided a certificate of coverage,the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties,criminal penalties,civil penalties,or other civil actions. 6.10.3.6. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entities the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. f I' t S 5 SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 DATED:AUGUST 2011 INVITATION FOR BID (IFB) s CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 Solicitation Information: Responses are due to the Purchasing Office REPAIR AND MAINTENANCE PARTS FOR WATER AND WASTEWATER LINES at the above address by 3:00pm,October 11,2011. Solicitation Number 11-014 Opening Date: 10/11/2011 Show solicitation opening date&solicitation number in lower left Opening Time: 3:00pmResponse Location: hand corner of sealed response envelope with return address of City of Round Rock Purchasing Division responding firm. 221 E.Main Street Round Rock,TX 78664 Facsimile responses shall not be accepted Return signed one(1)original and three(3)copies of response. INVOICE TO: CITY OF ROUND ROCK ACCOUNTS PAYABLE 221 EAST MAIN STREET 5 ROUND ROCK,TEXAS 78664-5299 1 A,uthori d Signat a Date ldfc717� Aylen Print Oame Respond F.O.B.Destination,Freight prepaid and allowed unless otherwise specified below SEE 1.7 OF SOLICITATION INSTRUCTIONS DESTINATION: TAX ID NO.: s CITY OF ROUND ROCK LEGAL BUSINESS NAME: Q t 910 LUTHER PETERSON PLACE S it 1— Oil l 2 WD Pk ROUND ROCK,TEXAS 78665 ADDRESS: ��'oD O S v�✓ LA,v.-- 90u/vW ACA' /X 7iP u�Y CONTACT: G "By the signature hereon affixed,the respondent hereby certifies that neither the respondent nor the TELEPHONE NO: entity represented by the respondent,or anyone acting for such entity has violated the antitrust laws of this BUSINESS ENTITY TYPE: State,codified in Section 15.01 et seq.,Texas Business and Commerce Code,or the Federal E-MAIL:L>Sf}, Con- antitrust laws,nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business." Respondent agrees to comply with all conditions set forth in this solicitation. { I BID SHEET CITY ITEM # DESCRIPTION MODEL# (IF APPLICABLE) UNIT UNIT PRICE 1 1/2"SCH40 PVC PIPE COSI PIUS % 7 % 2 3/4"SCH40 PVC PIPE COSI PIUS % % k i 3 1"SCH40 PVC PIPE Cost PIUS % /1 4 1.5'SCH40 PVC PIPE /o COSI PIUS % 7�/ ° �7 111 4 8of10 SOLICITATION# 11-014 5 2"SCH40 PVC PIPE Cost Plus % % 6 3"SCH40 PVC PIPE Cost Plus % % 7 4"SCH40 PVC PIPE Cost Plus % f 8 4"SCH40 FEMALE ADAPTER- C/O 9 3"SCH40 PVC PIPE Cost Plus % 12 8" C900 PVC PIPE Cost Plus % 13 12" C900 PVC PIPE Cost Plus % �I 14 14"C900 PVC PIPE 20'JOINT Cost Plus % 15 16" C900 PVC PIPE Cost Plus % 16 4" DUCTILE IRON PIPE t 17 6 DUCTILE IRON PIPE �� Z- �7 CG 3S0 18 8" DUCTILE IRON PIPE o7 i' 19 12"D C4 . L3sD N PIPE 20 16"DUCTILE IRON PIPE h� 21 20" DUCTILE IRON PIPE 22 24" DUCTILE IRON PIPE d (3 L 23 30" DUCTILE IRON PIPE 101- 24 24 4" DI SLEEVE MJ X MJ 25 6" DI SLEEVE MJ X MJ %3 26 8"DI SLEEVE MJ X MJ L./-74 7 , 27 12"DI SLEEVE MJ X MJ 1154 k. 28 16"DI SLEEVE MJ X MJ G 29 20"DI SLEEVE MJ X MJ �i SOLICITATION# 11-014 30 24" DI SLEEVE MJ X MJ �� 6-5 31 30"DI SLEEVE MJ X MJ b � 32 4" DI 45 MJ X MJ 33 6"DI 45 MJ X MJ 7, 34 8" DI 45 MJ X MJ 35 12" DI 45 MJ X MJ 8 c �/T Z 37 20"DI 45 MJ X MJ 39 30" DI 45 MJ X MJ J G 63 40 4" DI 90 MJ X MJ r1/ I 41 6"DI 90 MJ X MJ D 42 8"DI 90 MJ X MJ Og 43 12"DI 90 MJ X MJ 45 6"FOSTER ADAPTER �G MACCESSORIES 46 8"FOSTER ADAPTER MACCESSORIES E� , 47 12"FOSTER ADAPTER MACCESSORIES 48 4" DI FLANGE X MJ ADAPTER Y-� �a 2y } G 49 6" DI FLANGE X MJ ADAPTER , 50 8" DI FLANGE X MJ ADAPTER F r 51 12" DI FLANGE X MJ ADAPTER ! 53 4"X 6"DI MJ X MJ ADAPTERr a '17 a G� �i y! 54 6"X 8"DI MJ X MJ ADAPTER 55 8"X 12" DI MJ X MJ ADAPTER 56 6" DI MJ TEE —� 71, �j SOLICITATION# 11-014 57 8"x 6" MJ DUCTILE IRON CROSS 49 17. i- 58 8" MJ DUCTILE IRON TREE 59 4"MJ END CAP 1�71q 60 6" MJ END CAP 61 8"MJ END CAP 64 ' ? j 62 12" MJ END CAP /1 63 8"X 6" MJ TEE r L?0 �f 70 4" MJ ACCESSORY 71 6" MJ ACCESSORY �� 5 72 8" MJ ACCESSORY 73 12"MJ ACCESSORY �f 75 16"MJ ACCESSORY /1g, �� 7 76 20"MJ ACCESSORY 77 24"MJ ACCESSORY 21 78 30"MJ ACCESSORY l�� ��� ✓�� 80 4"DI MEGA LUG ACCESSORY FOR DI PIPE 81 4" PVC MEGA LUG ACCESSORY y0 f 82 6" DI MEGA LUG ACCESSORY 2y. 4Y 6"C900 MEGA LUG Do 83 ACCESSORY 84 8" DI MEGA LUG ACCESSORY 85 8"C900 MEGA LUG zy ACCESSORY 86 12" DI MEGA LUG ACCESSORY C / c?7 (o 87 12"C900 MEGA LUG o6 ACCESSORY } SOLICITATION# 11-014 88 14" MEGA LUG ACCESSORY C900 89 16"DI MEGA LUG ACCESSORY G/T 90 20" DI MEGA LUG ACCESSORY 91 24"DI MEGA LUG ACCESSORY 92 30"DI MEGA LUG ACCESSORY 7 93 16" MEGA LUG ACCESSORY C900 141 3/4"HAMMONDS IB 645 GATE VALVE LJ� Z3. �✓ 142 1" HAMMONDS IB645 GATE VALVE L- 143 1 1/2"HAMMONDS IB645 GATE 5E VALVE 144 2" HAMMONDS IB645 GATE 69 VALVE } 145 2"MIP AIR RELIER VALVE 146 2"SQUARE NUT RESILIENT WEDGE GATE VALVE FIP X FIPt,4 � F: 147 4"AWWA MJ X MJ GATE VALVE 148 6"AWWA MJ X MJ GATE VALVE 57 149 8"AWWA MJ X MJ GATE VALVE 150 12"AWWA MJ X MJ GATE G (� VALVE �Z � 151 14"AWWA MJ GATE VALVE ?nO d' Z 3 152 16"AWWA MJ X MJ GATE !� J/ z 3 VALVE 153 6"AUSTIN PROPERTY OWNER LID �� 7 AUSTIN SPEC VALVE CAN �a 154 BOOT 155 AUSTIN SPEC GRADE RING C6 156 6"AUSTIN SPEC VAN CAN LID 6 r 157 AUSTIN SPEC C-8 COLLAR F SOLICITATION# 11-014 158 3/4"Cl COMP X 3/4"COMP COUPLING CTS /V/fi 165 3/4" FLARE X COMP 45 CTS r 166 3/4"FLARE X COMP 90 167 3/4"COMPRESSION COUPLING CTS C44-33-G C.�f �✓ D 168 1"COMPRESSION COUPLING CTS C44-44-G 169 1.5"COMPRESSION COUPLING CTS C44-66-G 170 2"COMPRESSION COUPLING C44-77-G v CTS L!/ 171 3/4"X 1"COMP COUPLING CTS C44-34-G I 172 1"x 1.5"COMP COUPLING CTS C44-46-G 173 1.5"X 2"COMP COUPLING CTS C44-67-G 174 3/4"MIP X COMP COUPLING CTS C84-33-G z 9 �F 175 3/4" FIP X COMP COUPLING CTS C 14-33-G7� 176 1"MIP X COMP COUPLING CTS C84-44-G d3 z 177 1"FIP X COMP COUPLING CTS C14-44-G 178 1.5" MIP X COMP COUPLING C84-66-G CTS 179 1.5"FIP X COMPS COUPLING C16-66-I1DR7CT 9� �. 180 2" MIP X COMP COUPLING CTS C84-77-G 181 2" FIP X COMP COUPLING CTS C14-77-G f 37 Sz 182 3/4"COMP 90 CTS L44-33-G 12 &7 Y 183 1"COMP 90 CTS L44-44-G / 7-7 184 1.5"COMP 90 CTS L44-66-G 185 2"COMP 90 CTS L44-77-G 186 3/4"FLARE X COMP STR. C04-33-G COUPLING CTS i SOLICITATION# 11-014 187 1"FLARE X COMP STR. C04-44-G COUPLING CTS 188 1.5 FLARE X COMP STR. C04-66-G n p 36 COUPLING CTS 189 2" FLARE X COMP STR.COUPLING CTS C04-77-G r� C., G 190 1"FLARE X COMP 90 CTS L04-44-G 191 1.5" FLARE X COMP 90 CTS L04-66-G 192 2" FLARE X COMP 90 CTS L04-77-G G^� Ufa• � 193 1"FLARE X COMP 45 CTS LA04-44-G 194 1.5 FLARE X COMP 45 CTS LA-4-66-G ! y3 , 195 2" FLARE X COMP 45 CTS LA04-77-G 196 3/4"COMP TEE CTS T444-333-G 197 1"COMP TEE CTS T444-444-G 198 1" FLARE X MIP COUPLING C28-44 _ 200 3/4"MIP X 1"COS P COUPLING C84-34-G 3/4" FIP X 1"COMP COUPLING 201 CTS C14-34-G 202 1.5"X 1 "COMP WYE CTS Y44-264-Gyj� 3� Z - 7 V, 203 2"X 1"COMP WYE CTS Y44-274-G 204 1"FLARE X 1.5" MIP WYE Y28-246 205 2" MIP X 1"COMP WYE CTS Y28-247 �A �i x 3/4" MIP X 1"COMP STR. U- 206 U48-43-G BRANCH CTS 017, 207 3/4"MIP X 1" FLARE U-BRANCH U28-43-G Oj } 208 3/4"MIP X 1 " MIP U-BRANCH U88-43 r� �D 7� I 3/4" MIP X 1"COMP U-BRANCH 209 CTS U48-43-G 01 3/4" MIP X 1-1/2"COMP U- /L7, A6 210 (,LX-48-63-G /^ 7 BRANCH CTS L: r SOLICITATION# 11-014 211 5/8"MN X 1"COMP ANGLESTOP CTS KV43-342 W-G 212 3/4" FIP X FIP STR. CURB STOP B11-333W 213 3/4"COMP X 5/8" ANGLESTOP Cl 214 3/4"COMP X 5/8"MN STR. CURBSTOP CTS B43-342W-G 215 5/8" MN X 3/4"FIP STR. STOP B13-232W 216 5/8" MN X 3/4"ANGLESTOP KV13-332W G � 217 1" MN X 1"FIP ANGLESTOP KV13-444W 218 1"MN X COMP ANGLESTOP KV43-444W-G c �• /6 219 1"MN X 1"COMP STR. STOP 643-444W-G ✓�/ CTS L" JC�• 220 1.5"FIP X METER FLANGE FV-13-666W �Y ANGELSTOP 221 2"COMP X FLANGE FV43-777W-G ' 4 ANGLESTOP CTS 222 2 FIP X METER FLANGE FV13-777W ANGLESTOP � lQ�, 2" FIP STR. CURBSTOP 223 W/HANDLE B11-777 224 2"FIP CURBSTOP 611-777W r� /�Z• �� G 225 1.5" FIP CURBSTOP 611-666W 3/4" MIP X FLARE CORP STOP 226 F700-3 F700-3 G+ 227 1"MIP X FLARE CORP STOP F700-4 228 1-1/2" MIP X FLARE CORP STOP FB700-6 Z �� 229 2"MIP X FLARE CORP STOP FB700-7 �� I 230 5/8"MN X 3/4"MIP X 2"METER C38-23-2ql COUPLING C 231 5/8" X 3/COUPLING METER C38-23-2.5 232 5/8"MN X 3/4" MIP X 2.75" C38-23-2.75 OZ- METER COUPLING 2331"MN X 1"MIP X 2.5" METER COUPLING C38-44-2.5 3 SOLICITATION# 11-014 234 1"MN X METER C38-44-3.5 COUPLING 1" MN X 1" MIP X 8.5" METER 235 COUPLING C38-44-8.5 L: a / j /` 236 5/8"MN X 3/4" MIP X 8.5" METER 97COUPLING C38-23-8.5 i^/� l� 237 1/2" PACK JOINT STC. COUPLING FOR PVC C77-11 Cost Plus % / % COcp 3/4"PACK JOINT COMP 238 COUPLING FOR PVC C77-33 Cost Plus 1 3/4 X 1" PACK JOINT STR. / 239 COUPLING FOR PVC COSt Plus % (P % 240 1." PACK JOINT STR. COUPLING FOR PVC C77-44 Cost Plus % % 241 1.5" PACK JOINT STR. C77-66 Cost Plus % / % COUPLING FOR PVC p 242 2" PACK JOINT STR. COUPLING C77-77 Cost Plus % / % FOR PVC p i 243 3/4"COMP X 3/4"PVC STR. C47-33-G Cost Plus % COUPLING CTS 244 3/4"COMP X 1" PVC STR. C47-34-G Cost Plus % % t; COUPLING CTS 245 1"COMP X 3/4" PVC STR. C47-43-G Cost Plus % % COUPLING CTS 246 1"COMP X 1" PVC STR.COUPLING CTS C47-44-G Cost Plus % / �o 247 1.5"COMP X 1.5"PVC STR. C47-66-G Cost Plus % / % COUPLING CTS (7 248 2"COMP X 2" PVC STR. C47-77-G Cost Plus % COUPLING CTS (p i 5/8" MN X 1"COMP STR. CURB 249 B43-444W-G yam/ STOP CTS �� 4 250 1.5"METER FLANGE KIT 251 2" METER FLANGE KIT 252 1"MN X FIP STR CURBSG n NIP 253 2"MIP X FIP STR. CURBSTOP B81-777W 7 257 3/4" MIP X COMP CORP STOP F1 100-3-G y� r 258 1" MIP X FIP CORP STOP FB1700-4 !7 r ! 259 2"X 12"BRASS NIPPLE s w SOLICITATION# 11-014 260 3/4" PRV VALVE 3/4 LF N 45BU 070 M1 261 1-1/4 BRASS COUPLING PACK JOINT PVCxPVC C77-55 Cost Plus % o 291 3/4" BLACK POLY TUBING 292 1 " BLACK POLY TUBING ,1 f 293 1.5 "BLACK POLY TUBING 294 2 " BLACK POLY TUBING 302 4"X 8" FULL CIRCLE CLAMP 303 4"X 12" FULL CIRCLE CLAMP J/ F O.D. 4.47-5.27 307 4"X 12.5'FULL CIRCLE DB REPAIR CLAMP O.D.4.44-5.24 G s 308 4"X 12.5"FULL CIRCLE DB REPAIR CLAMP O.D.4.74-5.57 309 4"X 12.5'FULL CIRCLE REPAIR �, CLAMP O.D.4.74-5.14 ,�� / q � t 310 4"X 7.5"FULL CIRCLE REPAIR 3 CLAMP O.D.4.74-5.14 312 6"X 7.5"FULL CIRCLE REPAIR CLAMP O.D. 6.56-6.96 314 6"X 12"FULL CIRCLE CLAMP JJ 315 6"X 12"FCC O.D.6.56-6.96 316 6"X 15"STAINLESS FULL CIRCLE CLAMP O.D. 6.56-6.96 ODS �i 320 6"X 12"FULL CIRCLE CLAMP O.D. 6.84-7.64 SOLICITATION# 11-014 321 6"X 15"FCC O.D.6.84-7.64 322 6"X 9"PLUS FCC O.D.6.84-7.64 7 L� 323 6"X 7.5"FULL CIRCLE REPAIR F CLAMP O.D. 6.85- 7.25 324 6"X 12"FULL CIRCLE REPAIR 7 CLAMP O.D. 6.85- 7.25 G- 1 325 6"X 15" FULL CIRCLE REPAIR F CLAMP O.D. 6.85- 7.25 7� 332 6"X 7.5"STAINLESS FULL CIRCLE CLAMP O.D. 7.45- 7.85 F 333 6"X 12.5"STAINLESS FULL Zg CIRCLE CLAMP O.D. 7.45-7.85 334 6"X 15"STAINLESS FULL 3 CIRCLE CLAMP O.D. 7.45-7.85 Y`- 337 8"X 12" FULL CIRCLE CLAMP 7 s O.D. 8.60-9.20 C-A 338 8"X 7"FULL CIRCLE REPAIR CLAMP O.D. 7.95-8.35 bq S� �0 339 8"X 12" FULL CIRCLE REPAIR CLAMP O.D. 7.95-8.35 /�A V? t 340 8"X 15" FULL CIRCLE REPAIR 7 CLAMP O.D. 7.95-8.35 h ♦. 341 8"X 7"FULL CIRCLE REPAIR OU CLAMP O.D. 8.54-8.94 o � I 8"X 12"FULL CIRCLE REPAIR b 342 CLAMP 0.D. 8.54-8.94 U 1 C/.j. C SOLICITATION# 11-014 343 8"X 15"FULL CIRCLE REPAIR CLAMP O.D. 8.54-8.94 l 344 8"X 7" FULL CIRCLE REPAIR 5,7 CLAMP O.D. 8.99-9.39 345 8"X 12" FULL CIRCLE REPAIR CLAMP O.D. 8.99-9.39 346 8"X 15"STAINLESS FULL / CIRCLE CLAMP O.D. 8.99-9.39 I^� Ag V-, 347 8"X 12" FULL CIRCLE CLAMP l O.D. 9.27-9.67 '6 6"X 9"FULL CIRCLE CLAMP 349 9 O.D. 9.20-9.80 k 350 8"X 12"FULL CIRCLE CLAMP / O.D. 9.20-9.80 G 351 8"X 15"STAINLESS FULL CIRCLE CLAMP O.D. 9.27-9.67 10"X 10"STAINLESS DB FULL 361 CIRCLE CLAMP O.D. 11.04- J 12.24 ACA 4 10"X 15"STAINLESS DB FULL 362 CIRCLE CLAMP O.D. 11.04- �S 12.24 �AI 10"X 10"STAINLESS DB FULL 363 CIRCLE CLAMP O.D. 11.60- 12.40 10"X 15"STAINLESS DB FULL 364 CIRCLE CLAMP O.D. 11.60- _ 12.40 197 E 10"X 12"STAINLESS FULL 368 CIRCLE CLAMP O.D. 11.75- 3-f 12.15 369 10"X 15"STAINLESS FULL S� CIRCLE CLAMP /7 x Y SOLICITATION# 11-014 12"X 12"STAINLESS FULL 379 CIRCLE CLAMP O.D. 11.85- 12.25 12"X 12"STAINLESS FULL 380 CIRCLE CLAMP O.D. 13.10- S� 13.50 /z19 12-14"X 12.5" STAINLESS 391 FULL CIRCLE CLAMP O.D. 13.70 14.10 12-14"X 15" STAINLESS FULL 392 6 CIRCLE CLAMP o 12-14"X 12.5" STAINLESS 395 FULL CIRCLE CLAMP O.D. 14.00 �p - 14.40 12-14"X 15" STAINLESS FULL 396 CIRCLE CLAMP O.D. 14.00- �p 14.40 402 16"X 15" STAINLESS FULL E CIRCLE CLAMP DOUBLE BAND 403 16"X 20" STAINLESS FULL CIRCLE CLAMP DOUBLE BAND 404 16"X 15" STAINLESS FULL �r CIRCLE CLAMP DOUBLE BAND 405 16-18" X 15" STAINLESS FULL CIRCLE CLAMP DOUBLE BAND �Q 2 r 406 16-18" X 15" STAINLESS FULL CIRCLE CLAMP DOUBLE BAND f- 3 407 16"X 30" FULL CIRCLE REPAIR O.D. 56- 1731 16"FCC . . CLAMP O.D. 16.56- 17.31 '71 n b r /17 ORDER 20-22"" STAINLESS FULL 20-22"" FULL CIRCLE TMS CIRCLE CLAMP (FOR CSC PIPE) CLAMP (CSC PIPE)21.40- 23.40 S 30" X 30" STAINLESS FULL 30" X 30"FULL CIRCLE p7 410 CIRCLE CLAMP O.D. 31.70- CLAMP O.D. 32.90 31.70-32.90 SOLICITATION# 11-014 411 8"- 10" STAINLESS FULL 8"X 12.5" FCC O.D. 9.70- CIRCLE CLAMP O.D. 9.70- 10.10 10.10 /�� 66 412 8"- 10"X 15 FCC O.D. 9.70- 8"-10"X 15 FCC O.D.9.70- 7� 10.10 10.10 6"x 1"TAPPED FULL CIRCLE 447 CLAMP SINGLE BAND O.D. 6.84 7.24 6"x 1"TAPPED FULL CIRCLE _ 448 CLAMP SINGLE BAND O.D. 7.05 �� 5 7.45 6"x 1.5"TAPPING FULL CIRCLE 449 CLAMP O.D. 6.85- 7.25 7O z 450 6"x 1.5"TAPPED FULL CIRCLE CLAMP O.D. 7.05- 7.45 451 6"x 1.5"TAPPED FULL CIRCLE 97 CLAMP O.D. 6.84-7.24 452 6"x 2"TAPPED FULL CIRCLE CLAMP O.D. 7.05-7.45 453 8"x 1"TAPPED FULL CIRCLE b 4� CLAMP O.D. 8.99-9.39 454 8"x 1"TAPPED FULL CIRCLE CLAMP O.D. 9.27-9.67 8"x 1.5"TAPPED FULL CIRCLE 455 5' CLAMP O.D. 8.99-9.39 456 8"x 1.5"TAPPED FULL CIRCLE 19 CLAMP O.D. 9.27-9.67 v 457 8"x 2"TAPPED FULL CIRCLE CLAMP O.D. 8.99-9.39 1-- o/ t 458 8"x 2"TAPPED FULL CIRCLE v2 CLAMP O.D. 9.27-9.67 0�• 462 12"x 1"TAPPED FULL CIRCLE 3� g CLAMP O.D. 13.20- 14.00 LA �3 463 12"x 1.5"TAPPED FULL CIRCLE CLAMP O.D. 13.20- 14.00 t SOLICITATION# 11-014 464 12"x 2"TAPPED FULL CIRCLE 39 CLAMP O.D. 13.20- 14.00 io 487 3/4"STEEL 2-BOLT COUPLINGS 6S 6A 4, 488 1"STEEL 2-BOLT COUPLING J�A �JL 489 1.5" STEEL 2-BOLT DRESSER b� COUPLING 490 2"STEEL 2-BOLT DRESSER 7G COUPLING �(f 7, 494 4"4-BOLT COUPLING O.D. 4.80- 5.10 4 4-BOLT COUPLING O.D. 5.11 - 495 / y 5.45 I 498 6" COUPLING O.D.6.90-7.20 499 6" COUPLING O.D. 6.90- 7.40 Z9 8"4-BOLT COUPLING O.D. 8.63- 500 (jo 9.05 $l 8"4-BOLT COUPLING O.D. 8.99- 501 bio 9.45 505 12"STEEL COUPLING O.D. 12.75 - 13.20 507 12"BOLTED COUPLING O.D. �� f 13.20- 13.50 �37• 508 12"STEEL COUPLING O.D. 13.92 �3 - 14.26 �1 5! 517 3"HY-MAX TRANSITION 69 s COUPLING O.D. 3.46-4.33 Qq 518 4"HY-MAX TRANSITION COUPLING O.D.4.25-5.11 519 4"HY-MAX TRANSITION COUPLING O.D.4.75-5.61 520 6"HY-MAX TRANSITION COUPLING O.D. 6.42-7.68 522 8"HY-MAX TRANSITION COUPLING O.D. 8.54-9.84 SOLICITATION# 11-014 524 12"HY-MAX TRANSITION COUPLING O.D. 12.40- 13.66 nQ�' 12"HY-MAX TRANSITION o l 525 COUPLING O.D. 13.15- 3�O 14.41 12"TRANSITION COUPLING 526 O.D. 13.20-13.50 X 13.90- /1 / 14.20 14"TRANSITION COUPLING L' 536 O.D. 16.73-16.90 X 15.30- 16"X 30"FCC O.D. 16.73-16.90 X 3 15.80 15.30-15.80 557 4"X 1" IP TAPPING SADDLE dZ- O.D.4.50-4.80 558 4"X 1" IP TAPPING SADDLE O.D.4.74-5.63 559 4"X 1" IP TAPPING SADDLE 02- O.D. yO.D.4.75-5.26 514 560 4"X 1.5" IP TAPPING SADDLE pg O.D.4.74-5.63 �/, i 561 4"X 1.5" IP TAPPING SADDLE O.D.5.00-5.63 564 6"X 1" IP TAPPING SADDLE q7 O.D. 6.63-6.90 k7 565 6"X 1" IP TAPPING SADDLE O.D. 6.84- 7.60 r 568 6"X 1.5" IP TAPPING SADDLE O.D. 6.63-7.60 569 6"X 1.5" IP TAPPING SADDLE O( O.D.6.84-7.60 Iq ["�' G 6"X 2"IP TAPPING SADDLE 29 ' 572 O.D. 6.84-7.60 s 573 6"X 2" IP TAPPING SADDLE / n O.D.6.63-7.60 ��A f 4' S SOLICITATION# 11-014 577 8"X 1" IP TAPPING SADDLE O.D. 8.63-9.05 i 578 8"X 1" IP TAPPING SADDLE O.D. 8.84 - 10.10 579 8"X 1" IP TAPPING SADDLE O.D. 8.99-9.79 580 8"X 1" IP TAPPING SADDLE O.D. 9.05-9.63 I/ i I 582 8"X 1.5" IP TAPPING SADDLE �? O.D. 8.63-9.05 G (p! 5 583 8"X 1.5" IP TAPPING SADDLE 1 O.D. 8.99-9.79 a 584 8 X 1.5" IP TAPPING SADDLE a a O.D. 9.05-9.63 586 8"X 2"IP TAPPING SADDLE O.D. 8.53-9.05 r� -71 G 587 8"X 2"IP TAPPING SADDLE O.D. 8.54- 10.10 590 8"X 4" IP TAPPING SADDLE Z O.D. 8.54- 10.10 /A 596 10"X 1.5" IP TAPPING SADDLE ? O.D. 10.64- 12.12 597 10"X 1.5" IP TAPPING SADDLE 7� O.D. 10.75- 11.10 10"X 1.5" IP TAPPING SADDLE 598 O.D. 11.10- 12.12 7v 600 10"X 2" IP TAPPING SADDLE O.D. 10.64- 12.12 CA G 601 10"X 2" IP TAPPING SADDLE O.D. 10.75- 11.10 /] �� x z a i t SOLICITATION# 11-014 602 10"X 2" IP TAPPING SADDLE 6 O.D. 11.10- 12.12 QQ' 605 12"X 1 "IP TAPPING SADDLE O.D. 12.75- 13.50 606 12"X 1 " TAPPING SADDLE 9 O.D. 13.10- 14.38 EA o o, 608 12"X 1.5 " IP TAPPING SADDLE -7 O.D. 12.75 - 13.20 /; b q� 609 12"X 1.5 " IP TAPPING SADDLE J�7 O.D. 12.75- 13.50 l/L !i/1 j3 to 12"X 1.5 " IP TAPPING SADDLE 610 r O.D. 13.10- 14.38 g 612 12"X 2 " IP TAPPING SADDLE O.D. 12.75- 13.20 613 12"X 2" IP TAPPING SADDLE ?! O.D. 13.10- 14.38 Q� 618 16"X 1.5" IP TAPPING SADDLE O.D. 17.30- 18.88 /2// 621 16- 18"X 1" IP TAPPING SADDLE O.D. 19.38- 19.63 7©� 623 AMERICAN DARLING 5- 1/4" jy (WITH 3BURY) (138413) 414 624 AMERICAN DARLING 5- 1/4" (WITH WI LtSS BURY) (B84B) 625 AMERICAN DARLING 5- 1/4" (WI 5- BURY)G684B) c 67 626 AMERICAN DARLING 5- 1/4" i s (WITH 6- BURY) (B84B) fesscc- 1 627 AMERICAN DARLING B84B 2� r TRAFFIC REPAIR KIT 5-1/4" } SOLICITATION# 11-014 628 6"AMERICAN DARLING B84B HYDRANT EXTENSION KIT 629 12"AMERICAN DARLING B84B o HYDRANT EXTENSION KIT 630 18"AMERICAN DARLING B84B HYDRANT EXTENSION KIT 632 AMERICAN DARLING UPPER STEM B84B 5- 1/4" AMERICAN DARLING B84B 633 MAIN VALVE REPAIR KIT 5- 1/4 U l• � AMERICAN DARLING B84B 634 BONNET GASKET& O-RING KIT 5- 1/4" 638 6 AMERICAN DARLING B62B �a HYDRANT EXTENSION KIT 1,q7. 639 12"AMERICAN DARLING B62B HYDRANT EXTENSION KIT L � F 640 18"AMERICAN DARLING B62B HYDRANT EXTENSION KIT v 641 24"AMERICAN DARLING B62B 13 HYDRANT EXTENSION KIT 642 AMERICAN DARLING UPPER STEM B628 643 AMERICAN DARLING B62B dD MAIN VALVE REPAIR KIT b A 644 AMERICAN DARLING B62B Z D BONNET GASKET&O-RING KIT AMERICAN DARLING B62B 645 TRAFFIC REPAIR KIT 5- 1/4", 86 / SQ &NEWER AMERICAN DARLING B62B 646 TRAFFIC REPAIR KIT 85 & 5j OLDER /D t SOLICITATION# 11-014 649 6"MUELLER CENTERION Z 3 HYDRANT EXTENSION KIT 650 12"MUELLER CENTERION l HYDRANT EXTENSION KIT lr� 214 /1 651 18"MUELLER CENTERION 7 HYDRANT EXTENSION KIT 652 24"MUELLER CENTERION J(G HYDRANT EXTENSION KIT 653 MUELLER CENTERION MAIN VALVE REPAIR KIT L G � 654 MUELLER CENTERION Jo BONNET REPAIR KIT g MUELLER CENTERION 655 SAFETY FLANGE Z REPAIR KIT 656 MUELLER CENTERION UPPER STEM A)2, 668 MUELLLER IMPROVED PRE-72 �a , UPPER STEM � .� z' 669 6"MUELLER IMPROVED PRE- A320-00-006 PRE-72 Z 1972 HYDRANT EXTENSION KIT IMPROVED 6"EXTENSION 12"MUELLER IMPROVED PRE- A320-00-006 PRE-72 /L 670 1972 HYDRANT EXTENSION KIT IMPROVED M EXTENSION 671 18" MUELLER IMPROVED PRE- IMPROVED 1971 OR 1972 HYDRANT EXTENSION KIT OLDER 673 MUELLER IMPROVED PRE-1972 IMPROVED 1971 OR BONNET REPAIR KIT OLDER 674 MUELLER IMPROVED PRE-1972 IMPROVED 71 & OLDER "!P6 SAFETY FLANGE REPAIR KIT SAFETY FLANGE Ile KENNEDY COLLISION REPAIR 676 KIT FOR 5-1/4"K81A �% GUARDIAN L } } SOLICITATION# 11-014 677 6" KENNEDY GUARDIAN K81 �9 HYDRANT EXTENSION KIT 678 12" KENNEDY GUARDIAN K81 3 HYDRANT EXTENSION KIT lsf7 J , 679 18" KENNEDY GUARDIAN K81 HYDRANT EXTENSION KIT 680 24" KENNEDY GUARDIAN K81 h HYDRANT EXTENSION KIT 681 KENNEDY GUARDIAN UPEER STEM 5-1/4" �� I t 682 KENNEDY GUARDIAN K81A MANI VALVE REPAIR KIT KENNEDY GUARDIAN GJ s 683 BONNET GASKET&O-RING REPAIR KIT e k: 688 CLOW MEDALLION TRAFFIC z 3 REPAIR KIT 689 6"CLOW MEDAILLION b3 HYDRANT EXTENSION KIT 7 g A 690 12"CLOW MEDAILLION HYDRANT EXTENSION KIT /� Q 691 18"CLOW MEDAILLION HYDRANT EXTENSION KIT J F 692 24"CLOW MEDAILLION r HYDRANT EXTENSION KIT 693 CLOW MEDALLION UPPER y STEM 694 CLOW MEDALLION MAIN VALVE REPAIR KIT CLOW MEDALLION 695 BONNET GASKET&O-RING ,,/ �j REPAIR KIT /V1 i SOLICITATION# 11-014 696 AVK 2780 TRAFFIC REPAIR KIT �i 697 AVK 2780 UPPER STEM 77 319 698 M &H UPPER STEM 929 Z� 699 M &H 129 Z BONNET REPAIR KIT 12"AVK HYDRANT EXTENTION 700 KIT FOR MODEL 2780 5-1/4" 77 HYDRANT 18"AVK HYDRANT EXTENTION 701 KIT FOR MODEL 2780 5-1/4" D� HYDRANT 24"AVK HYDRANT EXTENTION 702 KIT FOR MODEL 2780 5-1/4" n a Q HYDRANT 3 703 AVK 5-1/4"SEAT AND MAIN 2780 G� VALVE RETRO-KIT AVK 5-1/4"BONNET GASKET& (�J { 704 O-RING KIT 2780 V } 713 24"NON-BOLTED MH LID & RING 714 24" BOLTED MH LID & RING 715 24"X 4"MH CONCRETE RING 716 24"X 3" MH CONCRETE RING cm 717 24"X 2" MH CONCRETE RING60 G 719 32" MH LID & RING 720 32"BOLTED MH LID & RING 721 32"X 4" MH CONCRETE RING //vAo 722 32"X 3" MH CONCRETE RING 723 32"X 2" MH CONCRETE RING SOLICITATION# 11-014 726 4"SDR35 PVC PIPE 14'JOINT Cost Plus % % 727 6"SDR35 PVC PIPE 14'JOINT 728 8"SDR35 PVC PIPE 14'JOINT COSt PIuS % 3 % 729 10"SDR35 PVC PIPE 14'JOINT Cost Plus % �? % 730 12"SDR35 PVC PIPE 14'JOINT Cost Plus % 3 % 731 15"SDR35 PVC PIPE 14' JOINT COSI PIUS % % s 734 24"SDR35 PVC PIPE 13'JOINT Cost Plus % % 735 4"COUPLING HXH SDR35 736 6"COUPLING HXHXH SDR35 737 8"COUPLING HXH SDR35 738 8" PVC KICK-ON COUPLING Cost Plus % /� % 739 12"COUPLING HXH SDR35 742 4" MALE ADAPTER SDR35 743 6"MALE ADAPTER SDR35 s 744 4"WYE HXHXH SDR35 3 745 6"WYE HXHXH SDR35 77 l k 746 4"45 HXH (1/8 BEND) SDR35 _. 747 6"45 HXH (1/8 BEND) SDR35 748 8"45 HXH (1/8 BEND) SDR35 �/� 7®' 77 77 A' fr 749 4"45 STR HXS (1/8 BEND) SDR35 , 750 6"45 STR HXS (1/8 BEND) -7f f SDR35 x 751 4"22 HXH (1/8 BEND) SDR35 I' 9 752 6"22 HXH (1/8 BEND) SDR35 �/ SOLICITATION# 11-014 753 4"22 STRE HXS (1/16 BEND) �! SDR35 C,Iq i 754 6"22 STR HXS 1/16 BEND) SDR35 � 755 4"CLEANOUT S X FIP ADAPTER SDR35 756 6"CLEANOUT S X FIP ADAPTER SDR35 757 8"CLEANOUT S X FIP ADAPTER Co SDR35 758 4" PRESSURE RELIEF VALVE GA ' s 759 3" PRESSURE RELIEF VALVE - G� 760 4"CAP HUB SDR35 •- /f 761 6"CAP HUB SDR35 (i I 762 8"CAP HUB SDR35 q1 i fi 763 6"X 6"X 4" HXHXHX WYE SDR35 764 4" DOUBLE WYE HXHXHX ^��� SDR35 /Y 765 6"DOUBLE WYE HXHXHX CI d SDR35 15-A 3j k 766 8"X 8"X 6"WYE HXHXHX SDR35 /� 3 5 767 4" MIP PLUG SDR35 768 6" MIP PLUG SDR35 ���/) 74 , 769 8" MIP PLUG SDR35 6. 8"X 6"SDR35 REDUCER o 770 COUPLING � �, 3/ 771 6"X 4"SDR35 REDUCER Z� COUPLING 6"SDR35 DWV BUSHING 772 COUPLING f 773 4"X 4" SDR35 DWV BUSHING ZD COUPLING J 4" PVC BACKWATER VALVE 774 Cost Plus % o (BACKFLOW PREVENTER) D 3" PVC BACKWATER VALVE 775 o (BACKFLOW PREVENTER) Cost Plus % k x SOLICITATION# 11-014 776 4"TEE TAPPING SADDLE DFW- DFW-4T/C ?/ 777 4"SEWER WYE TAPPING DFW-4Y/C SADDLE DFW-4Y/C !� 778 6"SEWER TEE TAPPING SADDLE DFW-6T/C DFW-6T/C �� f 779 6"SEWER TEE TAPPING SADDLE DFW-6Y/C DFW-6Y/C / � �1� �� f i 780 8"X 8"X 4" SDR35 WYE 8"X 4"WYE 784 4" NON-SHEAR COUPLING CLAY X PVC MR02-44-ARC Cost Pius % t i 785 6"NOW COUPLING CLAY X PVMR02-66-ARC Cost Plus % / y 788 8" NOW SHEAR COUPLING MR02-88-ARC Cost Plus % CLAY X PVC 1 787 10"NOW SHEAR COUPLING MR02-1010-ARC Cost Plus % > CLAY X PVC r 788 12"NOW SHEAR COUPLING MR02-1212-ARC Cost Plus % CLAY X PVC 789 4"NON SHEAR COUPLING MR06-44-ARC Cost Plus % CONCRETE X PVC / J/ 790 6"NON SHEAR COUPLING CONCRETE X PVC MR06-66-ARC Cost Plus % Z 791 8"NON SHEAR COUPLING MR06-88-ARC Cost Plus % 1 L CONCRETE X PVC 792 4 NON SHEAR COUPLING PVC MR56-44-ARC Cost Plus % X PVC 793 6 NON SHEAR COUPLING PVC MR56-66-ARC Cost Plus % f X PVC 8 NON SHEAR COUPLING PVC 794 X PVC MR56-88-ARC Cost Plus % s 795 10"NON SHEAR COUPLING PVC MR56-1010-ARC Cost Plus % l X PVC t' 796 12"NON SHEAR COUPLING PVC X PVMR56-1212-ARC Cost Plus % r 15"NON SHEAR COUPLING PVC 797 X PVC MR56-1515-ARC Cost Plus % 798 18" NON SHEAR COUPLING PVC MR56-1818-ARC Cost Plus % X PVC 801 12"NON SHEAR COUPLING MR06-1212-ARC Cost Plus % ! v CONCRETE X PVC SOLICITATION# 11-014 802 15" NON SHEAR COUPLING o o/ CONCRETE X PVC MR06-1515-ARC Cost Plus /o y o 803 18"NON SHEAR COUPLING Cost Plus % CONCRETE X PVC ` o 805 15"NON SHEAR COUPLING Cost Plus % °/ CLAY X PCV / ?j o 806 18"NONCLAY XSHEAR COUPLING Cost Plus % °/ 1 ° 810 4"SANITARY SEWER TRAFFIC Cost Plus % BOOT o 811 6"SANITARY SEWER TRAFFIC BOOT Cost Plus % % z 1/2"SCH40 PVC COMP 813 COUPLING Cost Plus % % 814 3/4"SCH40 PVC COUPL NG OMP Cost Plus % O % 815 1"SCH40 PVC COMP COUPLING Cost Plus % l % I 0 1 -1/4" SCH40 PVC COMP 816 COUPLING Cost Plus % 817 1 1/2 COUPLPNG VC COMP Cost Plus % 1� 818 2"SCH40 PVC COMP COUPLING Cost Plus % t' } 819 1/2" PVC SCH40 TEE Cost Plus % /Q % f 820 1/2" SCH40 PVC MIP ADAPTER Cost Plus % 821 1/2"SCH40 PVC MIP X FIP ADAPTER Cost PIUS 822 1/2"X 3/4"PVC SCH40 Cost PIUS % REDUCER BUSHING r 823 1/2" PVC SCH40 90 ELL Cost Plus % I k 824 1/2" PVC SCH40 45 ELL Cost Plus % D 825 1/2" PVC SCH40 COUPLING Cost Plus % 826 1/2"PVC SCH40 GLUE CAP Cost Pius % i 1/2"SCH40 PVC FIP X FIP /o 827 COUPLING Cost Plus % /O ° 828 3/4"PVC SCH40 45 Cost Plus % O 829 3/4"PVC SCH40 CROSS TEE Cost Plus % 0 % ti 3 SOLICITATION# 11-014 830 3/4"FIP X GLUE 90 7A '� 831 3/4"PVC SCH40 TEE Cost Plus % % 832 3/4" PVC SCH40 90 Cost Plus % l� % 833 3/4"PVC SCH40 MIP ADAPTER Cost Plus % % E 834 3/4"PVC SCH40 FIP CAP Cost Plus % % /0 r 835 3/4" PVC SCH40 GLUE CAP Cost Plus % /0 % 836 3/4"PVC SCH40 COUPLING Cost Plus % �p % 3/4" PVC SCH40 FIP X GLUE 837 COUPLING Cost Plus % 838 3/4"PVC SCH40 FIP X GLUE Cost Plus % BUSHING 839 3/4"PVC SCH40 FIP X FIP Cost Plus % ° COUPLING Q /0 840 1"PVC SCH40 MIP ADAPTER Cost Plus % iD t 841 1" PVC SCH40 GLUE 90 Cost Plus % /D % 842 1"PVC SCH40 GLUE 45 Cost Plus % O % 843 1"PVC SCH40 GLUE TEE Cost Plus % !D 844 1" PVC SCH40 GLUE COUPLING Cost Plus % 845 1 PVC SCH40 FIP X GLUE Cost Plus % COUPLING 846 1" PVC SCH40 FIP CAP Cost Plus % /D g F 847 1"PVC SCH40 GLUE CAP Cost Plus % 848 1"X 3/4"PVC SCH40 GLUE BUSHING Cost Plus 849 1"X 1/2"PVC SCH40 GLUE Cost Plus % / D % BUSHING 850 1"X 3/4"SCH40 PVC FIP X SLIP Cost Plus % % BUSHING Q 851 1"X 1/4"SCH40 PVC SLIP Cost Plus % J BUSHING ! k 1/2"X 1-1/4"SCH40 PVC SLIP 852 BUSHING Cost Pius % J g r SOLICITATION# 11-014 853 3/4"X 1-1/4"SCH40 PVC SLIP o o/ BUSHING Cost Plus /o J O o 855 1"X 1-1/2"SCH40 PVC SLIP °/Cost Plus % ! BUSHING o 856 3/4"X 1-1/2"SCH40 PVC SLIP COst Plus BUSHING ` D % 857 1/2"X 1-1/2"SCH40 PVC SLIP COStPIuS % °/ BUSHING r Q o 858 1-1/4"SCH40 PVC COUPLING Cost Plus % % l 859 1-1/4"SCH40 PVC 45 ELL Cost Plus % % 860 1-1/4"SCH40 PVC TEE Cost Plus % /p % 861 1-1/4"SCH40 PVC 90 Cost Plus % % I 862 1-1/2"SCH40 PVC COUPLING Cost Plus % /0 863 1-1/2"SCH40 PVC FIP ADAPTER Cost Plus % i, 864 1-1/2"SCH40 PVC CAP Cost Plus % v 865 1-1/2"SCH40 PVC 45 Cost Plus % l0 I � 866 1-1/2"SCH40 PVC MIP ADAPTER Cost Plus % 867 1-1/2"SCH40 PVC TEE Cost Plus % 868 1-1/2"SCH40 PVC 90 Cost Plus % 869 2"SCH40 PVC CAP Cost Plus % 1 870 2"SCH40 PVC COUPLING Cost Plus % 871 2"SCH40 PVC MIP ADAPTER Cost Plus % / 872 2"SCH40 PVC TEE Cost Plus % 873 2"SCH40 PVC 90 Cost Plus % 1 874 2"SCH40 PVC 45 Cost Plus % % . 875 2-1/2"SCH40 PVC COUPLING Cost Plus % O % r 4 876 1-1/4"SCH40 PVC MIP ADAPTER Cost Plus % O i SOLICITATION# 11-014 877 2"SCH40 PVC FIP ADAPTER Cost Plus % r D 991740 6"X 4"DOUBLE WYE Cost Plus % /0 % 991741 10"HYMAX COUPLING Cost Plus % lO % 991742 10" DI MEGA LUG Cost Plus 3 991743 10"C900 PIPE Cost Plus % I l 991744 10" 10 X 6 DI FLANGE TEE Cost Plus % l 2 % 991745 2" BRASS COUPLING Cost Plus % % 991746 2" BRASS ELLS 90* Cost Plus % °/ / v ° 991747 1"AIR RELEASE VALVES Cost Plus % 991748 10"DI MEGA LUG W/GLND Cost Plus % r 991749 10"PVC MEGA LUG W/GLND Cost Plus 1 � 991750 4"x4"SCH40 COUPLING 6 991751 6"X6"SDR35 GSKT X STR 45 46- n /T j 991752 8" 8 X 8 X 6 TEE /s, 77 (o � 991753 8" 22.5 BEND DI 991754 16" SADDLE IP DBL SDL 17.40- G�b 18.88 E 991755 24"AFC B84B EXTENSION KIT 991757 4' SDR26 I` 991758 6"FLG X MJ GATE VALVE /`oq' 991760 1-1/4"SCH40 PVC PIPE Cost Plus % l0 991761 AVK UPPER STEM W/GASKETS 991762 4" DOUBLE WYE C � Nle k 991763 4"BUSHING SPIGIT X HUB ADPTR I k SOLICITATION# 11-014 991764 MUELLER MAIN VALVE KIT IMP i1 , 991765 6"SWR GxGxG DOUBLE WYE 991766 4"x4"SWR x DWV SWR ADPT 5 COUPLING 991767 4"SWR HxH 11-1/4 ELL /� r�✓ i i 991768 6"SWR HxH 11-1/4 ELL 991769 4"SWR HxH ST 11-1/4 ELL 991770 6"SWR HxH ST 11-1/4 ELL 991772 12 X 1-1/2 IP DBL SS SADDLE 12.00- 13.10 991773 M&H 5-1/4 BRZ MAIN V/V PLT F/929 991774 M&H 5-1/4 BRZ MAIN V/V SEAT F/929 C-A f' i 991775 12"CO SWR VLV BX F-7 AUSTIN , � r 991776 4"PVC DWV FEM ADPT Cost Plus % 991777 6"PVC DWV FEM ADPT Cost Plus % !d DELIVERY IN ` DAYS s z 5 d t. S s ROUND ROCK,TEXAS PURPOSE.PASSION.PROSPERITY CITY OF ROUND ROCK, TEXAS INVITATION FOR BID REPAIR AND MAINTENANCE PARTS FOR ' WATER AND WASTEWATER LINES IFB No. 11-014 Addendum No. 1 Date of Addendum: September 30, 2011 Please note the clarifications, revisions or additions to the solicitation referenced above. 1. Q: What is the anticipated Agreement start date? A: The City anticipates an executed Agreement by January 2012. 2. Q: Will the City consider PVC Products as a "cost-plus" item due to the product's price volatility? A: Yes. The bid sheet has been modified to reflect this change. The attached bid 4 sheet shall REPLACE the previous bid sheet. Respondents shall bid their t- percentage to be charged to the City above and beyond the cost of the PVC part. k Part invoices shall be submitted with the invoice as a requirement for payment. i 3. Q: As the City recently awarded a contract for Meter Boxes, does the City still seek a price for Meter Boxes? A: No. The bid sheet has been modified to reflect this change and is herein made a part of this Addendum. 4. Q: What references does the City seek? A: The City seeks end-user references. 5. Q: Does "Piggyback" mean our prices to the City of Round Rock are available to other City's? A: Yes. 6. Q: What quantity of each part should be bid? t A: Only one (1) part shall be bid. Orders will be placed on as-needed basis. 7. Q: Can fire hydrant parts be bid as aftermarket? A: No. All fire hydrant parts shall be new, factory direct parts only. 8. Q: If parts are stored in a vendor's yard and have been weathered due to being outside are they still acceptable? A: No. All parts shall be delivered in like-new condition or they will be rejected. 9. Q: How are fittings, valves, bolts and gaskets to be bid? A: Fittings and valves are to be bid separately as accessories. Bolts and gaskets are to be bid as kits. i f 10. Q: Are the full-circle clamps to be stainless steel? A: Yes. 11. Q: Are the Ford products to be brass? A: Yes. 12. Q: What brand name does the City currently utilize for air release valves and pressure reducing valves? A: The City utilizes ARI brand for air release valves and WATTS brand for pressure reducing valves. 3 i 13. Q: Who at the City will issue the part Purchase Orders? A: The Purchase Orders will be issued by the Water and Wastewater Line Maintenance Department. Approved by Joy Baggett, Purchaser By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED ND Vendor AuthoFizA Sign toe Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. : i i i i SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 DATED:AUGUST 2011 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH11T,,HE'SOLICIITAATION RESPONSE SOLICITATION NUMBER: // r f-rJ ft �S" 1 FL RESPONDENT'S NAME: /,-'d r 1 DATE: Il`' ! t r Provide the name,address, telephone number and point of contact of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service for at least two(2)years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact % E-Mail Address t Present Address City, State, Zip Code Telephone Number (,,;'��. ) , << Fax Number. 2. Company's Name Name of Contact Title of Contact E-Mail Address Present Address ' City, State, Zip Code Z - ` Telephone Number (; �j Fax Number. ( } r 3. Company's Name , Name of Contact Title of Contact ^J � E-Mail Address Present Address City, State,Zip Code f`' ; -- Telephone Number ( r I,? ) 1 =z; Fax Number. FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. s 11 of 11 s v 'f ROUND ROCK,TEXAS City Council Agenda Summary Sheet PURPOSE.PASSION.PROSPERITY. i I Agenda Item No. G9. Consider a resolution authorizing the Mayor to execute a contract with HD Supply Agenda Caption: Waterworks, LTD for repairs and maintenance parts for water and wastewater lines. I Meeting Date: June 14, 2012 Department: Utilities and Environmental Services Staff Person making presentation: Michael Thane, P.E. Director of Utilities Item Summary: This agreement between the City of Round Rock and HD Supply Waterworks, LTD. provides for repair and maintenance parts for the water and wastewater system on an "as needed" basis. Parts include but are not limited to pipe, pipe fittings, fire hydrants, plumbing supplies, and plumbing equipment. HD Supply is considered as one of four providers that the City is contracting with for these specified water and wastewater maintenance parts. The City may, in its sole discretion, elect to seek goods from any one of the four providers. Should the first provider contracted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event, one of the remaining three providers may be considered "best value" and be contacted to provide the maintenance parts as a secondary provider. This process would continue on to the third and fourth provider if necessary. The term of this agreement is for three consecutive twelve-month periods. After that term, the agreement may be extended for two successive terms of twelve months each. Cost: Not to exceed $220,000 per year Source of Funds: Utility Fund Date of Public Hearing(if required): N/A s Recommended Action: Approval l s i F P I': i /h 2- % J Y b t t % ffi f k p E F 1 % fi F E' t' t l 7- f 4 4; 4 i CITY OF ROUND ROCK AGREEMENT FOR PROVISION OF REPAIR AND MAINTENANCE PARTS AND SERVICES FOR WATER LINES AND WASTEWATER LINES FROM HD SUPPLY WATERWORKS,LTD. THE STATE OF TEXAS § § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS This Agreement for provision of repair and maintenance parts and associated services for water lines and wastewater lines, referred to lqerein as the "Agreement," is made and entered into on this the J441day of the month of , 2012, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as "City," and HD SUPPLY WATERWORKS, LTD., whose office address is 1800 Royston Lane, Round Rock, Texas 78664, referred to herein as "HD" or "Vendor." This Agreement supersedes and replaces any previous agreements between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to contract for the provision of repair and maintenance parts and associated services for water lines and wastewater lines, and City desires to purchase same from HD; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and City has selected the bid submitted by HD; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW,THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and HD whereby City is obligated to buy specified goods in a non-guaranteed number/amount and HD is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated IFB 00247078/jkg/3/28/12revision -CV a E x 11-014, Specification Number 11-670 dated August 2011; (b) HD's Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) HD's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial ti disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, r landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. f F. HD means HD Supply Waterworks, Ltd., or any of its corporate structures, z successors or assigns. ' : 2.01 EFFECTIVE DATE, INITIAL TERM,AND ALLOWABLE RENEWALS x A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement shall be for three (3) consecutive twelve-month periods from the effective date hereof. After that term, this Agreement may be extended for F' t successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such } extensions, with such extensions to occur on or before the expiration date of the preceding term, and with such extensions being absolutely predicated upon the express written agreement of both parties. Such extensions are permitted only provided HD has performed each and every contractual obligation specified in this original Agreement. $: C. Prices shall be firm for the duration of this Agreement and for any extension periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. 2 } s A i (1) City may permit "unit price" adjustments upwards not to exceed five h' percent (5%) per year of the original unit price on those items bid as "Per Unit." Such price adjustment shall be only as a result of a cost increase in accordance with the Producers Price Index (PPI) at http://stats.bis. iy/ppi/. Any price increase shall be requested by HD in writing and accompanied by the appropriate documentation (to include the supporting PPI information for that item) to justify the requested increase, and shall conform to allowable percentage changes and to all requirements delineated in this Agreement and in IFB 11-014, Specification Number 11-670 dated August 2011. HD may offer price decreases in excess of the allowable percentage change at any time. (2) For items bid as a"Cost Plus Percentage" a price increase is not applicable or allowable, as the cost of the item is a direct pass-through to City. A copy of the associated manufacturer invoice shall be submitted with invoice to City for said items. No price increase shall be permitted on the mark-up percentage. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. F 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected HD to supply the goods as outlined in IFB 11-014, Specification Number 11-670 dated August 2011, and Response to IFB submitted by HD, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as j offered by HD in its Response to the IFB. The goods which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 INITIAL RESORT TO PROVIDERS, AND SUBSEQUENT RESORT TO SECONDARY PROVIDERS; MANDATES FOR PROVISION OF GOODS A. Initial Resort to Providers, and Subsequent Resort to Secondary Providers. The parties specifically acknowledge and agree as follows: HD shall be considered as one of Y four providers of the specified goods. City may, in its sole and unfettered discretion, elect to seek goods from any one of the four providers. Should the first provider contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event one of the remaining three providers may be considered"best value" and be contacted to provide 4 r the goods as a secondary provider. Should both the first and second providers contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event one of the remaining two providers may be considered "best value" and be contacted to provide the goods as a secondary provider. Should both the first, second, and third providers contacted not be able to fulfill the order in strict accordance with the mandates of this Agreement, then and in that event the last remaining provider may be considered "best value" and be contacted to provide the goods as a secondary provider. k t' 3 t 6 t'. 11 g HD specifically further acknowledges and agrees as follows: This Agreement is not an g` exclusive agreement. City may, in its sole and unfettered discretion, elect to use any of the four providers in whatever order it deems most advantageous to City's purposes. City may, in its sole and unfettered discretion, elect to use any other providers. City is not obligated to use or purchase any estimated annual quantity of goods, and no guarantee is made of any minimum or maximum purchase. B. Mandates for Provision of Goods — Emergency Order and Delivery. HD specifically further acknowledges and agrees as follows: City shall make a notification call to HD by telephone with emergency order and delivery instructions for delivery of goods that City has designated for emergency order and delivery. In the event that HD does not answer the telephone and/or return City's notification voicemail within fifteen (15) minutes of initial placement of call by City, then and in that event City may contact and place the order with any secondary provider as provided above. Non-answer of notification call may result in City declaring HD to be non-compliant with the order and under 4 this Agreement; non-returned voicemail within fifteen (15) minutes may result in City declaring HD to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of"repeated non-compliance" shall mean three (3) incidents, either sequential or F` not, of non-compliance as delineated in this paragraph within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. When City has notified HD of an emergency order and delivery, HD shall have trained personnel on-site within two (2) hours of City's notification, and HD shall fulfill in full the emergency parts orders within two (2) hours of the site visit. Emergency goods, parts, and items shall be delivered to the location specified by City, or at City's election HD shall allow City to pick up said goods on the same day. Driving distance from City's location to HD's parts facility shall not exceed 100 miles. If the ordered goods are not delivered on-site or in-hand to City strictly within the timeframe specified in this Agreement, then and in that event HD may be deemed to be non-compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods elsewhere from the remaining three providers or from a different source. R, Mandates for Provision of Goods — Non-Emergency Order and Delivery. HD specifically further acknowledges and agrees as follows: City shall make a notification call to HD by telephone with non-emergency order and delivery instructions for delivery of goods that City has designated for non-emergency order and delivery. In the event that HD does not answer the telephone and/or return City's notification voicemail within twenty-four (24) hours of initial placement of call by City, then and in that event City may contact and place the order with any secondary provider as provided above. Non-answer of notification call may result in City declaring HD to be non-compliant with the order and under this Agreement; non-returned voicemail within twenty-four (24) hours may result in City declaring HD to be non-compliant with the order and under this Agreement. The legal definition under this Agreement of "repeated non-compliance" shall mean three (3) k Z- 4 P- F F x incidents, either sequential or not, of non-compliance as delineated in this paragraph within a period of six (6) consecutive months. Repeated non-compliance may result, at City's sole discretion, in cancellation of this Agreement in whole or in part. When City has notified has designated for non-emergency order and delivery, HD shall _ fulfill in full the non-emergency parts orders within the dates and times specified by City in the Purchase Order. Driving distance from City's location to HD's parts facility shall not exceed 100 miles. If the ordered goods are not delivered on-site or in-hand to City strictly within the x timeframe specified in this Agreement, then and in that event HD may be deemed to be non- compliant with the order and its "best value" designation suspended as to that order, and City shall be free to procure the goods elsewhere from the remaining three providers or from a different source. R 5.01 ITEMS AWARDED; COSTS Only if, as, and when needed by City, items are awarded to HD in accordance with bid items shown on Exhibit"A." 3 HD specifically acknowledges and agrees that City is not obligated to use or purchase any estimated annual quantity of goods. Only if, as, and when needed by City, the bid costs listed on Exhibit"A" shall be the basis of any charges collected by HD. 6.01 INVOICES i All invoices shall include, at a minimum,the following information: A. Name and address of HD; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. " F 7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another top erform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful f vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of,partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently-negotiated "piggyback"procurements. 5 m 8.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving HD a written notice of termination at the end of its then-current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be ' made by City to HD will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. HD may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in 3 which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City if. A. There is a bona fide dispute between City and HD, a contractor, subcontractor, or supplier about goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between HD and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or C. The terms of a federal contract, grant, regulation, or statute prevent City from 4 making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. k 10.01 GRATUITIES AND BRIBES City may, by written notice to HD, cancel this Agreement without incurring any liability to HD if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by HD or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, HD may be subject to penalties stated in Title 8 of the Texas Penal Code. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in HD's charges. z 12.01 ORDERS PLACED WITH ALTERNATE VENDORS If HD cannot provide the goods as specified, City reserves the right and option to obtain same from another source or supplier(s). s 6 K 13.01 INSURANCE HD shall meet all requirements as stated in the attached Invitation for Bid No. IFB 11- 014 (including all attachments and exhibits), and its bid response. } 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative(s) authorized to act in its behalf with regard to this Agreement: Rick Whisenant, Utility Inventory Specialist City of Round Rock Public Works Department r 910 Luther Peterson Place Round Rock, TX 78664 512-218-5570 r 512-801-4483 cell rwhisenant@round-rock.tx.us 15.01 RIGHT TO ASSURANCE { Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 9; 16.01 DEFAULT If HD abandons or defaults hereunder and is a cause of City purchasing the specified services elsewhere, HD agrees that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of s' work is significantly changed. HD shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations hereunder; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty(30) days' written notice to HD. x, 7 r a Y B. In the event of any default by HD, City has the right to terminate this Agreement for cause, upon ten(10) days' written notice to HD. C. HD has the right to terminate this Agreement only for cause, in the event of material and substantial breach by City, or by written mutual agreement to terminate. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to HD, HD shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after notice of termination, HD shall submit a statement detailing the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay HD that portion of the charges, if undisputed. The parties agree that HD is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. a 18.01 INDEMNIFICATION HD shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of HD, or HD's agents, employees or subcontractors, in the performance of HD's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to u limit the rights of City or HD (including, but not limited to the right to seek contribution) against t any third party who may be liable for an indemnified claim. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES HD, its agents, employees and subcontractors shall use best efforts to comply with all federal and state laws, City's Charter and Ordinances, as amended, and with all applicable rules is and regulations promulgated by local, state and national boards, bureaus and agencies. E 20.01 ASSIGNMENT AND DELEGATION The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. 8 r r; } i Notice to HD: HD Supply Waterworks, Ltd. 1800 Royston Lane Round Rock, TX 78664 Notice to City: Assistant City Manager Stephen L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and HD. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between City and HD. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 24.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior a management. If the parties cannot reach a mutually satisfactory resolution,then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected x mediator. If the parties cannot agree on a mediator, City and HD shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and HD hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. 25.01 SEVERABILITY a The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any such void provision shall be deemed severed from this Agreement, and the balance of this s; 9 k t Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions hereof shall not prevent this entire Agreement from Y being void should a provision that is of the essence of this Agreement be determined to be void. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. HD represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. P Time is of the Essence. HD understands and agrees that time is of the essence and that any failure of HD to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. HD shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to HD's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. ' IN WITNESS WHEREOF, City and HD have executed this Agreement on the dates indicated. City of Round Rock, Texas HD Supply Waterworks,Ltd. f By: By: Printed Name:JAIA vL Printed N za,•� Title: Title: (7(sRtcl /1')ANA� Date Signed: Z Date Signed: q// r For City,Attest: For City,A proved as t Form: r By: - By: Aj Sara L. White, City Clerk Stepharl L. Sheets, City Attorney l; 10