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R-12-06-14-G10 - 6/14/2012 RESOLUTION NO. R-12-06-14-G10 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 2 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 t Code Section 252.022(a)(2) regarding procurements necessary to preserve or protect the public health r 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 WHEREAS, Ferguson Enterprises, Inc. dba Ferguson Waterworks, has submitted its proposal 2 to provide selected parts at reasonable pricing, and WHEREAS, the City Council wishes to contract with Ferguson Enterprises, Inc. dba Ferguson Waterworks Now Therefore E 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\SCC1nts\0112\1204\MUNICIPAL\00251708.DOC 6' e C 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 Ferguson Enterprises, Inc. dba Ferguson Waterworks, 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. F 5 RESOLVED this 14th day of June, 2012. r— ALAN MCGRAW, Mayor ' City of Round Rock, Texas ATTEST: • i SARA L. WHITE, City Clerk f: t 1 2 t' EXHIBIT „A» CITY OF ROUND ROCK AGREEMENT FOR PROVISION OF REPAIR AND MAINTENANCE PARTS AND SERVICES FOR WATER LINE,S AND WASTE,WATER LINES FROM FERGUSON ENTERPRISES.INC. dba FE,RGUSON WATERWORKS THE STATE OF TEAS § CITY OF ROUND ROCK § ,1UNOW ALL.BY TITESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS This Agreement for provision of repair and maintenance parts and associated services for water lilies 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 FERGUSON ENTERPRISES, INC. dba FERGUSON WATERWORKS, whose office address is 200 Park Central, Georgetown, Texas 78626, referred to herein as "Ferguson" oi- "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. RE,CITALS: 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 Ferguson;and WHEREAS, City has issued its "Invitation:lor Bid"for the provision of said goods, and City has selected the bid submitted by Ferguson; and r WHEREAS, the parties desire to enter into this agreement to se: forth .in writing their respective rights,duties,and obligations; NOW,, i IIEREFL/RE, IT1YESSE E: 7 That for and Iii coIlsideration of the nititual Promises contained herein and other good and valuable consideration,the receipt and sufficiency of•,,Mich are hereby ackno ledged,the parties mutually agree as follows: x 1.01 DEFINITIONS i i A. Agreement rnearis the binding legal contract between City and.Fere usoil vVliereby City is obligmed to bl',y spec.ifled goods i a ,:on-guaranteetd 17iirnbertan:ount t'•.nd L er ltscli.i is obligated to sell sanit. The Agreement ircludcs the aoliowing• faCity's invitation for Bid F 0ij2:7066!)kd=i2$i12rt vision 5 i designated IFB 11-014, Specification Number 11-670 dated August 2011; (b) Ferguson'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) Ferguson'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. i 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 anv 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 vAthin the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, rnaterials, commodities,or equipment. E ; F. Ferguson means Ferguson Enterprises, Inc. dba Ferguson Waterworks, or any of =. its corporate structures, successors or assigns. i 2:01 Erq+aCTIVE DATE,INITIAL TER-114,AND ALLOWABLE RENS WALS € 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 i terin stated herein,or until terminated or extended as provided herein. B. the term of this :-kgreellrent shali be for three (3) consecutive twelve-month periods fioni the effective date hereof.. ,Ifter that tern, this .Agreement may be extended for successive terms of-twelve (12) months each, not to exceed in the aggregate two (2) sue], } extensions, with such extensions to occur on or before the expiration date of the preceding terns, and with such extensions being absolutely predicated upon_the express written agreement of both'. i parties. Stich extensions are permitted only provided Ferguson has performed each and every f contractual obligation specified in this original Agreenhent. C. Prices Shall be firm. for the dttrat;on of t1iis Agreement ajad for any extension periods. No separate line, helm Charges shall lbe perinitted for invoicing pus poses, including but not limited Lit equipment-ental,dcmilrl ;e, costs associated ti,`.itlh obtaining, Pei-Bills, or any Caller >:tlarieo_Is ch?.ryes. i i S [f f F; t (1) City may pen-nit "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://st its.bis,Qiv/opii. Any price increase shall be requested by Ferguson in writing and accompanied by the appropriate documentation (to include the supporting PPI in 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 11713 11-014, Specification Number 11-670 dated August 2011, Ferguson 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 pennitted on the mark-up percentage. D. City reserves the right to review the relationship at any tune, and may elect to terminate this Agreement with or without cause or may elect to continue. -3.01 CONTRACT DOCi7MINI TS AND EXHIBITS City selected Ferguson to supply the goods as outlined in IFS 11-014, Specification Number 11-670 dated August 2011,. and Response to IFB submitted by.Ferguson,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 1F13 and as offered by Ferguson in its Response to the IFB. The goods which are the subject matter of this Agreement are described in Exhibit 'W' and, together with this Agreement, comprise the total.Agreement and they are fully a part of this Agreement as if repeated herein.in hill. 4.01 ItNITL-ky— RESORT TO PROVIDERS, AND SUBSEQUENT I,2ESOR-l' TO SECONDARY PROVIDERS;tllANDATES FOR PROVISION OF GOODS A. Initial Resort to Providers. Pr.d Subse��uent Resort to ,SeeandazlProviders. The parties specifically ackno-wledge and agree as follows: Ferguson shall be considered as one offour providers o'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 vvitli the mandates of this Agreement, then and in that event one of the reinaining three providers may be considered"best value"and be contacted to provide the goods as a s:,r.ondary provider. Should both the first and second providers contacted not be able to fulfill the order in strict accordance. ith the mandates ofthis 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, Enid third providers conlacted not be able to `dfill the order il.l strict accord-, 2cc ivittZ the rnandates of '11=1s :Agreement, 'then and ir! !11clt r�Verlt the last remainilig provider Ella`.' be oonsider`-d "'best ,'^ > " and ;be contacted to Provide the Roods as,l secolldarry 3 I t 1 i Ferguson 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 maximum purchase. B. N gradates for Provision of Goods — Emergency Order and Delivery. Ferguson specifically fiirther acknowledges and agrees as follows: City shall make a notification call to Ferguson by telephone with emergency order and delivery instructions for delivery of goods that City has designated for emergency order and deliverv. In the event that Ferguson does not answer the telephone and/or return City's notification voicemail within fifteen(15)minutes of initial placement of call by City, then acid 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 Ferguson to be non-compliant with the order and under this Agreement; non-returned voicemail within fifteen (15) minutes may result in City declaring Ferguson 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 (G) consecutive months. Repeated non-compliance may result, at City's sole discretion,in cancellation of this Agreement in whole or in part. VvIlier_ City has notified Ferguson of an e7r1e1:,ency order and delivery, Ferguson shall have trained personnel on-site within two (2) hours of City's notification, and Ferguson shall fidfill_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 Ferguson shall allow Cih;to pickup said goods on the same day. Driving distance from City's Iocation to Ferguson'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 tirnelTame specified in this Agreement, Then and in that event Ferguson 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. t Mandates for Provision of Goods —bion-Emergency Order and Deliverv. Ferguson specifically further acknowledges and agrees as follows: k City shall make a notification call to Ferguson by telephone with non-emergency order and delivery instructions for delivery of goods that City has designated for non-enierdencv order �7nd cleliverv. In the event that Ferguson 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 HI that event City may Contact and place the order with T.iy secondary provider as ilrovidea above. Non-answer UI notiticatian call ivay result in City declaring Ferolse.n to be non- compliant with the order and under this Agreement; noji-returned voicemail within t,.veiity-foil!. (2-0 hours n?ay result in Citv declaring 1'erg , .1 t0 l?4.nULa CGiruplralrt ih£ ,order 'cii'd ts2aCler tlhl_+ r(:.Cir1Ci?t. _lie legal t1 lrnitIon Pilder this Agree-nitnt.of"rep.-tared I?��la•• U2??C�l a,^_G Sl?Fill z , i ! l mean three (3) incidents, either sequential or not, of non-covnpliance as delineated in this paragraph within a period of six (b) consecutive months. Repeated non-compliance may result, at City's sole discretion,in cancellation of this Agreement in whole or in pail. When City has notified has designated for non-emergency order and de.iverv, Ferguson shall fulfill in hill the non-emergency parts Orders within the dates and times specified by City in the Purchase Order. Driving distance from City's location to Ferguson's parts facility shall not exceed 100 miles.Tf the ordered goods are not delivered on-site or in-hared to City strictly within the timeframe specified in this Agreement,then and in that event Ferguson 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 frons a different source. 5.01 ITEMS AWARDED;COSTS Only if, as, and when needed by City, items are awarded to Ferguson in accordance with bid items shown on Exhibit"A." f Ferguson specifically acknowledges and agrees that City is not obligated to use or l purchase any estimated annual quantity of goods. Only if, as, and when needed by City,the bid costs listed or.Exhibit"A"shall be the basis of any charges collected by Ferguson. 5.01 iNrVOICES ' F All invoices shall include,at a minimum,the folio ling information: r A. Name and address of Ferguson; t` B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 7.01. INTERLOCAL C'OOPERAT11VE CONTRACTENIG!PLTCHASING 6 Authority for local go,relfunents to contract :vith one another to perform certain goveixinnentaI functions and seniices; including but not limited to purchasingfunctions, is granted under Government Code, Title 7, Chapter 791, .Interlocal Cooperation Contracts, Subchapter B rind Subchapter C, and.Local Government Ct de,Title S, Chapter 271, Subchapter F. Section 271.101 and Section,271.1.02. i Other governmental entities within the State of Texas inay 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.Lor the Vendor from l' 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 aIn agerzt of.partner tU, or r8(}resC1]tati'Ve 0`4-hose Outside agencies or entities and that the City of R ound Rock Is not ob iga ori )1 ! a i n or 1.,�..t� or lia;.le f,�r a_n_ �t.a.. debts that may arise out o such ttiClcY)CI1fI�i:il}'-nF.nUtl ltyCl `<_i��,r'O�iCk" 7rociui'emeats. f[ 5.01 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 Ferguson a written notice of termination at the end or its then-current fiscal year. 9.01 PROMPT PAYAIENT POLICY In accordance with Chapter 2251,V.T.C.A., Texas Government Code, any payment to be made by City to Ferguson 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. Ferguson 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.Ferguson,a contractor. subcontractor, or supplier about goods delivered or the service performed that causes the payment to be late; or B. "dere is a bona fide dispute between Ferguson and a subcontractor or bet v;een 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, gmnt, regulation, or statute pre ent City from malting a timely payment with federal funds;or D. The invoice is not mailed to City in suet accurdarice with any instruction on th. purchase order relating to tri:,payment. 3.0.01 GRATUITIES AND BRIBES City ray, by written notice to Ferguson, cancel this Agreement without incurring any liability to Ferguson if it .is determined by City 'that gratuities or bribes in the form of entertainnient; gifts, or otlierwise were offered or given by Ferguson or its agenTS or s representatives to any City off, employee or �IcCted repreS'n'tatiYe ;;lath respect 't0 the performance of this Agreement. in addition,Ferguson nnay be subject to penalties stated.In Title 8 offhe Texas Penal Code. i 1:1.01 TAX' S 3 L.it',' is i:xeIl1pt ti'C?ili redt-ral l�Xi;lac }it%CC S'tile Sci1vS I'm; 'thcrt,f71,C, vt?:ill not be ir3clude,:l in Fer5?ison's --.Barges. i f S 1 3E Y i 12.01 DRIERS PLACE,D WITH ALTERMATE VE NDORS If Ferguson cannot provide the goods as specified, City reserves the right and option to obtain same from another source or supplier(s). 13.01 INSURANCE Ferguson shall meet all r•equiremeiits as stated in the attached Invitation for Bid No. IFB 11-014(including all attaciunents and exhibits),and its bid response. 14.01 CITY S REPRESENTATIVE City hereby designates the follolving representative(s) authorized to act in its behalf with regard to this Agreement: t Rick'hUsenant,Utility Inventory,Specialist City of Rotund Rock Public Works Department 914 Luther Peterson Place Round Rock,TX 78664 512-218-5570 512-801-4483 ceCl rwhisenant round-rock.tx.us 15.01 MGHT 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 tirne specified when demand is made, then and in that event the demanding party may F S treat such failure as air anticipatory repudiation of this Agre�nnent. 16.01, .DEFAULT r If Ferguson abarrdo__s or defaults hereunder and is a cause of City purchasing the E specified services elsewhere, Ferguson agrees That it will not be considered in the re- advertisenrent 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. Fergusonshall.be declared in default of s this Agreement if it does any of the following: A, .Fails to.ma.ke any paymenl in full when dile; F B. Fails to fully, timely and faith-n IN perform any of its material obligations hereunder; C, -F a—Us to provide a d=quate ?ssweano i)f :hrionnanCe ur dor i w '`tight to Assurance, S'LCti7I1 her?lr? 01' E D, Ccc Ones it s le:> � • re_' ,P u..lrer-the b ic.i_!,t:cz, laws o_ n< �:-;.ited Staves. l f t' 17.01 TER VRNATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in pad, for convenience and without cause,at any time upon thirty(30)days' written notice to Ferguson. B. In the event of any default by Ferguson, City has the right to terminate this Agreement for cause,,upon ten(10)days' written notice to Ferguson. C. Ferguson 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 (13) of this section, the following shall apply: upon City's delivery of the referenced notice to Ferguson,Ferguson 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, Ferguson shall submit a statement detailing the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Ferguson,that portion of the charges,if undisputed. The parties agree that Ferguson is not entitled to compensation for services it would have performed under the remaining teal//of the Agreement except as provided herein. 13.01 INDEMNIFICATION Ferguson shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials handless from and against all suits, actions, legal proceedings, claims, demands, dunnages, 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 Ferguson, or Ferguson's agents, employees or subcontractors, in the performance of Ferguson's obligations tinder this Agreement, no matter how, or to whoin, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Ferguson (including, but not limited to the right to seek contribution)against any third patty who niay be liable for all indemnified claim. 19.01 C11'3 "LIANCE NVIYR LAWS,CHARTERAINED ORDEW.ANCES Ferguson, .its agents, employees and subcontractors shill use best extorts to comply with all federal errd state lmvs, City's Charterand Ordinances. as amended, and with all applicable rules and regulations promulgated by local,stale and naiioilal boards,bureaus and agencies. 20.01 ASSIGNMENT AND DELECA.T10N, The parties hereby bixid 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 ally interest in this Agreement v ithotlt prior written authorization oi'the other i All notices l 1 1 ' %,i' t it �U' s_ r: ,�. i_ :,is a y,,,r t gal; I)e 1 t :t S a i (`I Ci)rlliIi't,li( 1 ,iiie 10.: t i. ' ._ ;��rc(1:.. .1_ St_"" :. isl "x1iting alit, Shall b--coilsi- u gi--R as i s 3 s €i€ 3 A. V,71len 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. Notice to Ferguson; Ferguson Enterprises,Inc. dba Ferguson Waterworks 200 Park Central Georgetown,TX 78626 Notice to City: Assistant City Manager Stephen L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock,TX 78661 Round Rock,TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Ferguson. 22.01 APPLICABLE LAIN; Et NF ORCENAENT AND"VIENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party lvith 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 collstnled in accordance with the lwNs 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 :Ferguson. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in-writing;duly authorized by action of the City'Nianager or City Council. 214.01 DIS1'ITTE RESOLttTION If a dispute or claim arises under this Agreement, the parties agree to tryst try to resolve. tine dispute or claim by appropriate internal ineans, including referral to each party's senior management. If the parties cannot reach a rnutaally satis_actory resolution, then and in that even: any such dispute or claim will be sought to be resolved with the help of a mutually selected rrtediator. If the parties cannot agree on a r_iediato.r, City. and Ferguson shall each select a mediator and the two Mediators shall agree upon a third mediator. r"\rry costs and fees, other-than attorney fees,associated with the mediation shall be shared equallt,by flie parties. Gity and ;'-rgE1son hereby expressly agree that Aro i'i?ii?iS for disputes bert een the Ilitrt:%5 arising out ufor:reladlig to this Agreenient or o breach thc-YeoCsh-all b,- deeded li,-'.uiY a?'CttreltiCi J prGi;eedin( II?olE'IiZl� iti10 t Ili itatioll. any proceed-in, :1rlder Lk- 1"ccleral Arblin:tioll Act `9 1LJSC Section l-14)or any apI.?iicable state afthitra tion stallit£. l 25,01 SEVERABILITY 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 �f this 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. 26.411 MISCELLANEOUS US I'T ONUSI(i N8 Standard of Care. Ferguson 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. Ferguson understands and agrees that time is of the essence and that any faii_ure of Ferguson to fu filt obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Ferguson shall be filly 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 Ferguson's failure to perform in these circumstances. City may pursue any remedy available without waiver of any of City's additional t. legal rights or remedies. x Multiple Counterparts. This Agreement may be executed in multipie 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 7,1111'NESS WULREEUF, City acid Ferguson have executed this Agreement on the davJs indicated. g City of Round Reek,Texas Ferguson:Enterprises,Inc. dba Fer';rtsora NVater-works By: Printed Nanle: Printed Ranre: Title: Title: Date Signed:_ Date Signed: For City,Aftest, x o?'Cil?',Z'xppr'o:'ed kis to 0'or al: 1 Sara L. While'. City Clerk Steph—all L. Sheets, Cav Attot-ne F' 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.roundrocktexas.gov/home/index.asi)?t)aae=463. 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?paqe=463. 4. CLARIFICATION: For questions or clarification of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 ibaggett(a)-round-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 4 alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Division. R 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 x 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 references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 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 EXHIBIT b 'o 1of11 D "All r 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. Purchase price and terms; 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. 3 Y 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 x 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 theagreement 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 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: 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 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 a. I, 2of11 g 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/homerindex.asp?pa_qe=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 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 T 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 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. L 3of11 SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 DATED:AUGUST 2011 2.4. Late responses will be returned to Respondent unopened if return address is provided. 2.5. Bids will not be read aloud due to the volume of items. Responses will be tabulated and posted to the City's website at http://www.roundrocktexas.-gov/home/index.asp?paqe=462. 3. PRE-SOLICITATION MEETING: The City will conduct a pre-solicitation meeting to allow Respondents an opportunity to ask questions they may have concerning the solicitation. 3.1. Meeting date,time and location: September 13,20112:00 PM WLM and WWLM Warehouse 901 Luther Peterson Place Round Rock,TX 78665 Attendance by teleconferencing is available by calling the number below at the appointed meeting time CST 661-673-8600 Access Code: 329457# 4. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 4.1. Schedule preventative maintenance quarterly service time frames. 4.2. Schedule annual maintenance and load test service time frames. 4.3. Provide City contact(s) information. 4.4. Agreement terms, renewals, and extensions. PART III SPECIFICATIONS 1. SCOPE OF WORK: To provide repair and maintenance parts for municipal water and wastewater Fines on an"as needed"basis. Parts include but are not limited to pipe, pipe fittings,fire hydrants, plumbing supplies and plumbing equipment. 2. PRODUCT STANDARDS: Any product line shown is listed to indicate type,class and minimum critical requirements of the product desired. Product lines shown are readily easy to obtain or easily interchangeable. Respondents are cautioned that any material specified or delivered which does not meet specifications in every aspect will not be accepted. 2.1. The repair products and items currently in use by the City include: 2.1.1. Smith-Blair 2.1.2. Romac 2.1.3. Ford 2.1.4. JCM 4of11 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 !bag gett0round-rockAx.us 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. ' i 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 x equipment may be purchased elsewhere and the vendor may be charged full increase, if any, in g cost and handling. i 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 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. 5of11 i 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: f t 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. s 14.7. Exception to specifications 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. i i r I 4 s e 4 7of11 t i 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 s Telephone Number ( ) Fax Number: ( ) t 2. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City, State,Zip Code Telephone Number ( ) Fax Number: ( ) s 3. Company's Name Name of Contact Title of Contact E-Mail Address Present Address City, State,Zip Code z Telephone Number ( ) Fax Number: ( ) I FAILURE TO PROVIDE THE REQUIRED INFORMATION.WITH THE SOLICITATION RESPONSE MAY c AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. �I I" i; 11 of 11 i f c y U ATTACHMENT B Q 3 a 9' TYPICAL WATER MAIN ASSIGNMENT I DIA. Lc cl CONNECTIONS MAY VARY (SEE NOTE 1) V (.n,P) FIRE HYDRANT.TO 66' MAX. LENGTH OF BE SET PLUMB FIRE HYDRANT ASSEMBLY I� 1-4 W DIA. 0 CONNECTION I a (SEE NOTE J1) CONCRETE AROUND I VALVE CAN .UD (SEE VALVE BOX I ASSEMBLY DETAIL CONCRETE CURB 18" MI DRAWING NO. WT-06) 4" MAX -WEWINOSURFACE 2" MIN. on MAX. I I �C3 ICITY OF ROUND ROCK � B" MJ x STANDARD VALVE BOX mFLANGED. VALVE. ASSEMBLY (SEE ` CONCRETE BLOCKING WITH A (SEE NOTE2) SEPARATE DETAIL) MIN 1 x SQ FT BEARING AREA CLAS "A" CONCRETE '• ''.:;.• _.:, : .•. DO NOT BLOCK DRAIN HOLES _ fi• DUCTILE :•;� IRON PIPE 4"x12 x12" CONCRETE_ BLOCK CLASS "A" CONCRETE ' b MAIN UNE SIZE 6" TEE r 2'-0" (SEE 'NOTE #2) I I 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 s LEAST 12" AND EXTENDING AT LEAST 12" ABOVE THE OUTLET DO NOT BLOCK DRAIN HOLES M4IES:: 1. THREADS ON OUTLET NOZZLES SHALL 8E NATIONAL STANDARD THREAD. 2. TEE MAY HAVE FLANGED. OUTLET POR M.J. X FLANGED. GATE VALVE-OR. ANCHOR (SWIVEL) TEE MAY BE USED WITH M.J. X M.J. GATE VALVE. I A OWE REFLECTIVE DELINEATOR OF TYPE APPROVED BY THE ENGINEER SHALL BE PLACED 2 TO 3 FEET I OFFSET FROM THE CENTERLINE.OF PAVED STREETS .OR PAVED ACCESS WAYS. ON THE'SIDE OF AND IN LINE z WITH. ALL NEWLY INSTALLED FIRE HYDRANTS, b RECORD SIGNED COPYIT DF ROUND R DRAWING N0: ON FILE AT PUBLIC AOR&S APPRQVID: WT—O5 04-01-10 4 DATE .FIRE 'HYDRANT ASSEMBLY DETAIL TSS AACHITSCl/ENGINBBB b98QHB9 OCK.TEXAS Ifl1V.L1Ui0\'flpllt Uli 'RSMPON9I8II1'17 FORTSS APPROPItiATE LIME OF THIB IIETAII,: (NUT TO Sam) 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(IFB). 1.2 Solicitations shall be submitted on Solicitation Sheet Each response shall be placed in a separate envelope completely and properly identified. Responses must be in the Purchasing Department before the hour and dale 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 specified 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 govem. Responses subject to unlimited price increase will not be considered. 1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. "Discount from Lisr 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. z 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 titre and authority to bind signatories firm in an agreement Finn name should appear on each page in the block provided in the upper right comer. Business Entity shall be 3 one(1)of the following:Individual,Partnership,Sole Proprietorship,Estatefrrust,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 i 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. I 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 i awards may be made at the sole discretion of the City. 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, i incomplete,or otherwise non-responsive. 2. SPECIFICATION: 2.1 Any catalog,brand name or manufacturers reference used in the solicitation is descriptive only(not restrictive),and is used to Indicate type and quality desired. 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 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. f 2.5 Manufacturers standard warranty shall apply unless otherwise stated in the solicitation. €' 3. TIE RESPONSES: In case of tie responses,the award will 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 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 y 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. 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. S. INSPECTION AND TESTS: AN 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 Vendors 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 s: 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 k purchase orders are subject to the approval of the City Council or Manager. x 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 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 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. 10A Neither the respondent nor the firth,corporation,partnership,or any entity,represented by the respondent,or anyone acting for such firm,corporation,or entity has violated the antitrust laws of this Slate codified in Section 15.01 at Seq.Texas Business and Commercial Code,or the Federal Antitrust Laws,nor communicated directly 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 form. 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 form may result in disqualification of your response. 12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number,codes,and opening date. 10 of 11 a o- '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? F 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. 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. 5• Q: Does"Piggyback" mean our prices to the City of Round Rock are available to other City's? A: Yes. A' S S r 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. 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? s 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. g f 10. Q: Are the full-circle clamps to be stainless steel? t 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 By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED 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. ATTACHMENT A CITY OF ROUND ROCK INSURANCE REQUIREMENTS 1. INSURANCE:The Vendor shall krocure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for irnunes topersons or damages to property 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 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. 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 t 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 each occurrence. 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 I 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 4 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: f E' i E 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 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 r 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. 3 6.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,to: i 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 requirements of Texas Labor Code,Section 401.011(44)for all its employees providing services on the project,for the duration of the project; i 6.10.2. provide to the CONTRACTOR,prior to that person beginning work on the i 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; t 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: s 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 y 1 S z- 3 g 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 entitles 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. i i 4 r f Y d t i I z z fi b C K f: e b i x �I 4 SOLICITATION NUMBER 11-014 SPECIFICATION NUMBER 11-670 DATED:AUGUST 2011 INVITATION FOR BID(IFB) 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: 3:00pm Response 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 10/11/2011 ROUND ROCK,TEXAS 78664-5299 r�'1J"` �/L� Authorized Signature Date Tom Ellis Print Name Respond F.O.B.Destination,Freight prepaid and allowed unless otherwise specified below SEE 1.7 OF SOLICITATION INSTRUCTIONS DESTINATION: TAX ID NO.: S4-1211771 + CITY OF ROUND ROCK LEGAL BUSINESS NAME: Ferguson Enterprises, Inc. 910 LUTHER PETERSON PLACE ROUND ROCK,TEXAS 78665 ADDRESS:200 Park Central, Georgetown,Tx 78626 CONTACT: Tom Ellis or James Green "By the signature hereon affixed,the respondent 512-930-2262 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: Wholesale Distributor State,codified in Section 15.01 et seq.,Texas E-MAIL: tom.ellis@ferguson.com com ;James.green@fergus n.co I Business and Commerce Code,or the Federal t antitrust laws,nor communicated directly or indirectly, m t 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. r BID SHEET CITY DESCRIPTION MODEL# (IF APPLICABLE) UNIT UNIT PRICE a ITEM # m 1 1/2"SCH40 PVC PIPE COSIPIUS % 5 1 t 2 3/4"SCH40 PVC PIPECost PIUS % 5 3 1"SCH40 PVC PIPE Cost PIUS % 5 ° /o 4 1.5'SCH40 PVC PIPE COSI PIUS % 5 8of10 SOLICITATION# 11-014 5 2"SCH40 PVC PIPE COSI PIUS % 5 % 6 3"SCH40 PVC PIPE COSI Plus % 5 % 7 4"SCH40 PVC PIPE COSI PIUS % 5 % 4"SCH40 FEMALE 8 $2.16 ADAPTER-C/O 9 3"SCH40 PVC PIPE Cost Plus % 5 12 8"C900 PVC PIPE COSI PIUS % 4 13 12"C900 PVC PIPE COSI PIUS % 4 14 14"C900 PVC PIPE 20'JOINT Cost PIUS % 10 15 16"C900 PVC PIPE COSI PIUS % 5 16 4" DUCTILE IRON PIPE $13.20/FT 17 6" DUCTILE IRON PIPE $12.87/FT 18 8"DUCTILE IRON PIPE $16.06/FT 19 12"DUCTILE IRON PIPE $26.46/FT 20 16" DUCTILE IRON PIPE $39.60/FT r a 21 20"DUCTILE IRON PIPE $54.34/FT 22 24" DUCTILE IRON PIPE $68.20/FT s 3 23 30" DUCTILE IRON PIPE $93.61/FT i 24 4" DI SLEEVE MJ X MJ $24.64 25 6"DI SLEEVE MJ X MJ $44.59 26 8" DI SLEEVE MJ X MJ $73.89 s 1 27 12"DI SLEEVE MJ X MJ $119.40 28 16"DI SLEEVE MJ X MJ $231.48 i $359.55 29 20"DI SLEEVE MJ X MJ yY I C g f SOLICITATION# 11-014 30 24"DI SLEEVE MJ X MJ $461.45 31 30"DI SLEEVE MJ X MJ $976.77 32 4" DI 45 MJ X MJ $24.44 33 6" DI 45 MJ X MJ $40.62 34 8"DI 45 MJ X MJ $57.98 35 12"DI 45 MJ X MJ $126.98 37 20"DI 45 MJ X MJ $376.15 39 30"DI 45 MJ X MJ $1158.63 40 4" DI 90 MJ X MJ $29.71 41 6" DI 90 MJ X MJ $48.88 42 8" DI 90 MJ X MJ $71.88 43 12"DI 90 MJ X MJ $153.33 s 6"FOSTER ADAPTER 45 $88.89 W/ACCESSORIES 8"FOSTER ADAPTER 46 MACCESSORIES $130.11 47 12" FOSTER ADAPTER $197.34 W/ACCESSORIES g' 48 4"DI FLANGE X MJ ADAPTER $28.27 49 6"DI FLANGE X MJ ADAPTER $39.29 50 8"DI FLANGE X MJ ADAPTER $59.90 g i i G 51 12"DI FLANGE X MJ ADAPTER $133.21 53 4"X 6" DI MJ X MJ ADAPTER $28.27 54 6"X 8"DI MJ X MJ ADAPTER $41.21 Y. 55 8"X 12"DI MJ X MJ ADAPTER $72.35 56 6"DI MJ TEE $71.40 f SOLICITATION#11-014 57 8"x 6" MJ DUCTILE IRON s CROSS $107.81 58 8" MJ DUCTILE IRON TREE $106.85 x- 59 4"MJ END CAP $11.02 F 60 6" MJ END CAP $19.65 61 8"MJ END CAP $32.10 62 12" MJ END CAP $61.33 z 63 8"X 6" MJ TEE $88.65 ` 70 4" MJ ACCESSORY $10.65 71 6" MJ ACCESSORY $14.53 72 8"MJ ACCESSORY $16.46 4 73 12" MJ ACCESSORY $24.69 I 75 16"MJ ACCESSORY $40.67 i 76 20" MJ ACCESSORY $76.02 77 24" MJ ACCESSORY $106.53 78 30"MJ ACCESSORY $190.29 80 4" DI MEGA LUG ACCESSORY $12.66 FOR DI PIPE I 81 4" PVC MEGA LUG ACCESSORY Cost Plus % 10 % 82 6"DI MEGA LUG ACCESSORY $14.62 83 611 C900 MEGA LUG $18.48 ACCESSORY 84 8" DI MEGA LUG ACCESSORY $22.69 a 85 8"C900 MEGA LUG $27.59 ACCESSORY I 86 12"DI MEGA LUG ACCESSORY $48.33 x 12"C900 MEGA LUG 87 $54.81 ? ACCESSORY I SOLICITATION# 11-014 88 14"MEGA LUG ACCESSORY $89.06 C900 89 16" DI MEGA LUG ACCESSORY $88.51 90 20"DI MEGA LUG ACCESSORY $156.04 91 24"DI MEGA LUG ACCESSORY $182.84 92 30"DI MEGA LUG ACCESSORY $545.33 16"MEGA LUG ACCESSORY 93 C900 $118.36 141 3/4"HAMMONDS IB 645 GATE $30.60 VALVE 142 1"HAMMONDS IB645 GATE VALVE $38.75 143 1 1/2" HAMMONDS IB645 GATE $68.66 I VALVE 2„HAMMONDS IB645 GATE 144 VALVE $89.74 I 145 2”MIP AIR RELIER VALVE $296.60 146 2"SQUARE NUT RESILIENT $187.52 WEDGE GATE VALVE FIP X FIP 147 4"AWWA MJ X MJ GATE VALVE $307.27 f 148 6"AWWA MJ X MJ GATE VALVE $392.36 149 8"AWWA MJ X MJ GATE VALVE $624.53 12"AWWA MJ X MJ GATE 150 VALVE $1232.24 s 151 14"AWWA MJ GATE VALVE $3943.22 152 16"AWWA MJ X MJ GATE VALVE $3906.25 I 153 6"AUSTIN PROPERTY OWNER $6.52 LID 154 AUSTIN SPEC VALVE CAN $40.64 BOOT 155 AUSTIN SPEC GRADE RING C6 $14.99 s f 156 6"AUSTIN SPEC VAN CAN LID $9.62 is 157 AUSTIN SPEC C-8 COLLAR $11.79 6 SOLICITATION # 11-014 158 3/4"Cl COMP X 3/4"COMP_ NO BID COUPLING CTS 165 3/4" FLARE X COMP 45 CTS $11.34 166 3/4"FLARE X COMP 90 CTS $12.66 167 3/4"COMPRESSION COUPLING C44-33-G $10.16 CTS 168 1"COMPRESSION COUPLING C44-44-G $11.58 CTS 169 1.5"COMPRESSION COUPLING C44-66-G $35.42 CTS 170 2"COMPRESSION COUPLING C44-77-G $47.91 CTS 171 3/4"X 1"COMP COUPLING CTS C44-34-G $11.82 172 1"x 1.5"COMP COUPLING CTS C44-46-G $25.39 i 173 1.5"X 2"COMP COUPLING CTS C44-67-G $38.64 6 174 3/4"MIP X COMP COUPLING CTS C84-33-G $8.41 175 3/4"FIP X COMP COUPLING CTS C 14-33-G $8.81 t f 176 1"MIP X COMP COUPLING CTS C84-44-G $9.89 s 177 1"FIP X COMP COUPLING CTS C14-44-G $11.90 r 178 1.5"MIP X COMP COUPLING C84-66-G $24.73 CTS 179 1.5"FIP X COMP COUPLING C16-66-IDR7 $31.66 CTS 180 2"MIP X COMP COUPLING CTS C84-77-G $35.96 181 2" FIP X COMP COUPLING CTS C14-77-G $37.54 E I 182 3/4"COMP 90 CTS L44-33-G $13.22 g S 183 1"COMP 90 CTS L44-44-G $16.96 t 184 1.5"COMP 90 CTS L44-66-G $49.43 185 2"COMP 90 CTS L44-77-G $99.91 186 3/4"FLARE X COMP STR. C04-33-G $9.51 COUPLING CTS f SOLICITATION# 11-014 187 1"FLARE X COMP STR.COUPLING CTS C04-44-G $13.96 188 1.5 FLARE X COMP STR. C04-66-G $29.46 COUPLING CTS 189 211 FLARE X COMP STR. C04-77-G $46.18 COUPLING CTS 190 1"FLARE X COMP 90 CTS L04-44-G $19.22 191 1.5"FLARE X COMP 90 CTS L04-66-G $53.66 192 2"FLARE X COMP 90 CTS L04-77-G $89.92 193 1"FLARE X COMP 45 CTS LA04-44-G $17.71 194 1.5 FLARE X COMP 45 CTS LA-4-66-G $40.14 195 2"FLARE X COMP 45 CTS LA04-77-G $61.23 196 3/4"COMP TEE CTS T444-333-G $24.62 i 197 1"COMP TEE CTS T444-444—G $26.27 198 1"FLARE X MIP COUPLING C28-44 $10.63 f f 200 3/4"MIP X 1"COS P COUPLING C84-34-G $9.27 201 3/4" FIP X 1"COMP COUPLING C14-34-G $10.33 I 202 1.5"X 1 "COMP WYE CTS Y44-264-G $46.51 s 203 2"X 1"COMP WYE CTS Y44-274-G $53.77 204 1"FLARE X 1.5" MIP WYE Y28-246 $45.13 205 2"MIP X 1"COMP WYE CTS Y28-247 $43.50 3/4"MIP X 1"COMP STR. U- 206 BRANCH CTS U48-43-G $25.17 207 3/4"MIP X 1"FLARE U-BRANCH U28-43-G $24.34 208 3/4"MIP X 1 "MIP U-BRANCH U88-43 $20.80 g 209 3/4"MIP X 1"COMP U-BRANCH U48-43-G $25.17 CTS 210 3/4"MIP X 1-1/2"COMP U- Y-48-63-G $41.29 ' BRANCH CTS h } SOLICITATION# 11-014 211 5/8"MN X 1"COMP ANGLESTOP KV43-342W-G $24.50 CTS 212 3/4"FIP X FIP STIR. CURB STOP B11-333W $29.73 213 3/4"COMP X 5/8"MN $22.11 ANGLESTOP CTS 214 3/4"COMP X 5/8"MN STIR. g43-342W—G $38.34 CURBSTOP CTS 215 5/8"MN X 3/4"FIP STIR. STOP -232W $20.83 216 5/8"MN X 3/4"ANGLESTOP KV13-332W $17.30 217 1"MN X 1"FIP ANGLESTOP KV13-444W $26.56 218 1"MN X COMP ANGLESTOP KV43-444W—G $30.26 219 1"MN X 1"COMP STR. STOP CTS g43-444W—G $56.51 220 1.5"FIP X METER FLANGE FV-13-666W $77.00 ANGELSTOP 2"COMP X FLANGE 221 ANGLESTOP CTS FV43-777W—G $122.84 z 222 2"FIP X METER FLANGE FV13-777W $107.45 ANGLESTOP 223 2"FIP STR. CURBSTOP 811-777 $131.03 W/HANDLE C 224 2"FIP CURBSTOP B11-777W $123.08 a 225 1.5"FIP CURBSTOP B11-666W $84.79 226 3/4"MIP X FLARE CORP STOP F700-3 $17.30 F700-3 227 1"MIP X FLARE CORP STOP F700-4 $26.66 s 228 1-1/2"MIP X FLARE CORP STOPF6700-6 $72.65 229 2"MIP X FLARE CORP STOP FB700-7 $126.51 230 5/8"MN X 3/4"MIP X 2"METER C38-23-2 $5.44 COUPLING 231 5/8" X 3/4" MIP X 2.5" METER C38-23-2.5 $5.43 COUPLING w 232 5/8"MN X 3/4" MIP X 2.75" C38-23-2.75 $6.03 METER COUPLING 233 1"MN X 1"MIP X 2.5"METER C38-44-2.5 $8.36 COUPLING SOLICITATION#11-014 234 1"MN X 1" MIP X 3.5"METER C38-44-3.5 COUPLING $11.00 235 1"MN X 1"MIP X 8.5" METER $18.94 COUPLING C38-44-8.5 236 5/8"MN X 3/4"MIP X 8.5"METER $13.95 COUPLING C38-23-8.5 237 1/2"PACK JOINT STR. COUPLING FOR PVC C77-11 Cost Plus % 8 o 238 3/4" PACK JOINT COMP C77-33 Cost PIUS % 8 COUPLING FOR PVC 239 3/4 X 1" PACK JOINT STR.:6 COSI PIUS % 8 0/ COUPLING FOR PVC o 240 1."PACK JOINT STR. COUPLING C77-44 Cost PIUS % 8 FOR PVC 241 1.5"PACK JOINT STR. C77-66 Cost Plus % 8 COUPLING FOR PVC 242 2"PACK JOINT STR. COUPLING C77-77 Cost Plus % 8 0 FOR PVC /o s 243 3/4"COMP X 3/4"PVC STR. C47-33-G Cost PIUS % 8 0/ COUPLING CTS ° 244 3/4'.'COMP X 1"PVC STR. C47-34-G Cost Plus % 8 COUPLING CTS 245 1"COMP X 3/4"PVC STR. C47-43-G COSI PIUS % 8 ° 1 COUPLING CTS /0 246 1"COMP X 1" PVC STR. C47-44-G COSI PIUS % 8 COUPLING CTS 247 1.5"COMP X 1.5"PVC STR. C47-66-G COSI Plus % 8 ° COUPLING CTS /0 248 2"COMP X 2" PVC STR. C47-77—G COSI PIUS % 8 ° COUPLING CTS % 1 t 249 5/8"MN X 1"COMP STR. CURB g43-444W-G STOP CTS $41.44 250 1.5"METER FLANGE KIT $38.98 251 2" METER FLANGE KIT $40.61 252 1"MN X FIP STR CURBSTOP $50.96 253 2"MIP X FIP STR. CURBSTOP B81-777W $145.18 257 3/4"MIP X COMP CORP STOP F1 100-3-G $18.78 258 1"MIP X FIP CORP STOP FB1700-4 $29.86 259 2"X 12"BRASS NIPPLE $46.18 { r SOLICITATION#11-014 260 3/4"PRV VALVE 3/4 LF N 45BU 070 M1 261 1-1/4 BRASS COUPLING PACK C77-55 Cost Plus % l0 0� JOINT PVCxPVC ° 291 3/4"BLACK POLY TUBING $0.20/FT 292 1 "BLACK POLY TUBING $0.32/FT 293 1.5 "BLACK POLY TUBING $0.71/FT 294 2 "BLACK POLY TUBING $1.15/FT 302 4"X 8" FULL CIRCLE CLAMP $62.48 303 4"X 12"FULL CIRCLE CLAMP $97.67 O.D. 4.47-5.27 307 4"X 12.5"FULL CIRCLE DB $97.67 REPAIR CLAMP O.D.4.44-5.24 308 4"X 12.5"FULL CIRCLE DB $96.26 REPAIR CLAMP O.D.4.74-5.57 309 4"X 12.5"FULL CIRCLE REPAIR $63.48 CLAMP O.D.4.74-5.14 a a 310 4"X 7.5"FULL CIRCLE REPAIR $38.90 CLAMP O.D.4.74-5.14 312 6"X 7.5"FULL CIRCLE REPAIR $44.92 CLAMP O.D.6.56-6.96 314 6"X 12"FULL CIRCLE CLAMP $72.14 i 4 315 6"X 12"FCC O.D.6.56-6.96 $72.14 I 316 6"X 15"STAINLESS FULL CIRCLE $80.84 CLAMP O.D.6.56-6.96 320 6"X 12"FULL CIRCLE CLAMP O.D. $94.78 6.84-7.64 i f SOLICITATION# 11-014 321 6"X 15"FCC O.D.6.84-7.64 $122.41 322 6"X 9"PLUS FCC O.D.6.84-7.64 $81.18 323 6"X 7.5"FULL CIRCLE REPAIR CLAMP O.D. 6.85-7.25 $45.67 324 6"X 12"FULL CIRCLE REPAIR $73.35 CLAMP O.D.6.85-7.25 325 6"X 15"FULL CIRCLE REPAIR $84 97 CLAMP O.D. 6.85-7.25 332 6"X 7.5"STAINLESS FULL $47.49 CIRCLE CLAMP O.D.7.45-7.85 333 6"X 12.5"STAINLESS FULL $76.50 CIRCLE CLAMP O.D.7.45-7.85 f i f F 334 6"X 15"STAINLESS FULL $88.37 CIRCLE CLAMP O.D. 7.45-7.85 c 337 8"X 12"FULL CIRCLE CLAMP $107.31 F O.D. 8.60-9.20 F 8"X 7"FULL CIRCLE REPAIR 338 $50.63 CLAMP O.D. 7.95-8.35 339 8"X 12"FULL CIRCLE REPAIR $80 92 CLAMP O.D. 7.95-8.35 a 340 8"X 15"FULL CIRCLE REPAIR $94.02 CLAMP O.D. 7.95-8.35 k 341 8"X 7"FULL CIRCLE REPAIR $53.00 CLAMP O.D. 8.54-8.94 t is 342 8"X 12"FULL CIRCLE REPAIR $84.97 CLAMP O.D. 8.54-8.94 s; A SOLICITATION# 11-014 343 8"X 15" FULL CIRCLE REPAIR $101.45 CLAMP O.D. 8.54-8.94 344 8"X 7"FULL CIRCLE REPAIR $54.69 CLAMP O.D. 8.99-9.39 345 8"X 12"FULL CIRCLE REPAIR $87.66 CLAMP O.D. 8.99-9.39 346 8"X 15"STAINLESS FULL $104.58 CIRCLE CLAMP O.D. 8.99-9.39 347 8"X 12"FULL CIRCLE CLAMP $137.88 O.D. 9.27-9.67 f 349 6"X 9"FULL CIRCLE CLAMP $95.64 O.D. 9.20-9.80 E f 350 8"X 12"FULL CIRCLE CLAMP $121.04 O.D. 9.20-9.80 I 351 8"X 15"STAINLESS FULL $105.52 CIRCLE CLAMP O.D. 9.27-9.67 10"X 10"STAINLESS DB FULL 361 CIRCLE CLAMP O.D. 11.04- $119.96 12.24 10"X 15"STAINLESS DB FULL 362 CIRCLE CLAMP O.D. 11.04- $180.35 12.24 10"X 10"STAINLESS DB FULL 363 CIRCLE CLAMP O.D. 11.60- $126.25 12.40 10"X 15"STAINLESS DB FULL E 364 CIRCLE CLAMP O.D. 11.60- $187.69 12.40 ' R t 10"X12"STAINLESS FULL g 368 CIRCLE CLAMP O.D. 11.75- $110.01 I 12.15 369 10"X15"STAINLESS FULL CIRCLE CLAMP $138.24 s SOLICITATION # 11-014 12"X 12"STAINLESS FULL 379 CIRCLE CLAMP O.D. 11.85- $125.69 12.25 12"X 12"STAINLESS FULL 380 CIRCLE CLAMP O.D. 13.10- $120.71 13.50 _ 12-14"X 12.5" STAINLESS 391 FULL CIRCLE CLAMP O.D. 13.70 $123.94 14.10 I 392 12-14"X 15" STAINLESS FULL $155.43 CIRCLE CLAMP 12-14"X 12.5" STAINLESS 395 FULL CIRCLE CLAMP O.D. 14.00 $125.67 - 14.40 12-14"X 15" STAINLESSFULL 396 CIRCLE CLAMP O.D. 14.00- $157.38 14.40 1 402 16"X 15" STAINLESS FULL $311.03 CIRCLE CLAMP DOUBLE BAND F i 403 16"X 20" STAINLESS FULL y CIRCLE CLAMP DOUBLE BAND $423.58 i Y 404 16"X 15" STAINLESS FULL $317.18 CIRCLE CLAMP DOUBLE BAND Y 4" 405 16-18" X 15" STAINLESS FULL $323.73 CIRCLE CLAMP DOUBLE BAND t' t 406 16-18" X 15" STAINLESS FULL $323.73 CIRCLE CLAMP DOUBLE BAND t t 407 16"X 30" FULL CIRCLE REPAIR 16" FCC O.D. 16.56- 17.31 CLAMP O.D. 16.56- 17.31 $623.71 a s 20-22"" FULL CIRCLE I ORDER 20-22"" STAINLESS FULL y, TMS CIRCLE CLAMP (FOR CSC PIPE) CLAMP (CSC PIPE)21.40- NO BID 23.40 30" X 30 " STAINLESS FULL 30" X 30"FULL CIRCLE 410 CIRCLE CLAMP O.D. 31.70- CLAMP O.D. $1067.42 32.90 31.70-32.90 e k SOLICITATION #11-014 411 8"- 10" STAINLESS FULL 8"X 12.5" FCC O.D.9.70- $97 25 CIRCLE CLAMP O.D. 9.70- 10.10 10.10 412 8"- 10"X 15 FCC O.D. 9.70- 8"-10"X 15 FCC O.D.9.70- $118.72 10.10 10.10 6"x 1"TAPPED FULL CIRCLE 447 CLAMP SINGLE BAND O.D. 6.84 $64.22 7.24 6"x 1"TAPPED FULL CIRCLE 448 CLAMP SINGLE BAND O.D. 7.05 $64.84 7.45 449 6"x 1.5"TAPPING FULL CIRCLE $70.31 CLAMP O.D. 6.85-7.25 i i 450 6"x 1.5"TAPPED FULL CIRCLE $73.13 CLAMP O.D. 7.05-7.45 3 451 6"x 1.5"TAPPED FULL CIRCLE $76.41 CLAMP O.D. 6.84-7.24 I a 452 6"x 2"TAPPED FULL CIRCLE $76.77 CLAMP O.D.7.05-7.45 E 453 8"x 1"TAPPED FULL CIRCLE $73.13 CLAMP O.D. 8.99-9.39 8"x 1"TAPPED FULL CIRCLE 454 CLAMP O.D. 9.27-9.67 $74.40 8"x 1.5"TAPPED FULL CIRCLE 455 CLAMP O.D. 8.99-9.39 $79.28 456 8"x 1.5"TAPPED FULL CIRCLE ;$92.46 CLAMP O.D. 9.27-9.67 457 8"x 2"TAPPED FULL CIRCLE CLAMP O.D. 8.99-9.39 5.05 458 8"x 2"TAPPED FULL CIRCLE CLAMP O.D. 9.27-9.67 $85.45 462 12"x 1"TAPPED FULL CIRCLE $93.01 CLAMP O.D. 13.20- 14.00 a 463 12"x 1.5"TAPPED FULL CIRCLE $99.44 CLAMP O.D. 13.20- 14.00 SOLICITATION# 11-014 464 12"x 2"TAPPED FULL CIRCLE CLAMP O.D. 13.20- 14.00 $105.17 487 3/4"STEEL 2-BOLT COUPLINGS $16.99 488 1"STEEL 2-BOLT COUPLING $17.59 489 1.5 " STEEL 2-BOLT DRESSER $21.81 COUPLING s 2"STEEL 2-BOLT DRESSER 490 COUPLING $24.85 494 4"4-BOLT COUPLING O.D. 4.80- $50.15 5.10 4"4-BOLT COUPLING O.D. 5.11 - 495 s 5.45 $49.63 498 6" COUPLING O.D.6.90-7.20 $64.18 F 499 6" COUPLING O.D. 6.90-7.40 $64.11 500 8"4-BOLT COUPLING O.D. 8.63- 9.05 $80.87 501 8"4-BOLT COUPLING O.D. 8.99- 9.45 $81.13 r 505 12"STEEL COUPLING O.D. 12.75 - 13.20 NO BID 12"BOLTED COUPLING O.D. 507 13.20- 13.50 $135.48 508 12"STEEL COUPLING O.D. 13.92 - 14.26 $135.48 517 3"HY-MAX TRANSITION $99.88 COUPLING O.D.3.46-4.33 518 4"HY-MAX TRANSITION $130.77 COUPLING O.D.4.25-5.11 519 4"HY-MAX TRANSITION $130.77 G. COUPLING O.D.4.75-5.61 520 6"HY-MAX TRANSITION COUPLING O.D.6.42-7.68 $172.84 522 8"HY-MAX TRANSITION $193.50 COUPLING O.D. 8.54-9.84 3 SOLICITATION# 11-014 524 12"HY-MAX TRANSITION $295.66 COUPLING O.D. 12.40- 13.66 12"HY-MAX TRANSITION 525 COUPLING O.D. 13.15- $360.03 14.41 12"TRANSITION COUPLING 526 O.D. 13.20-13.50 X 13.90- $360.03 14.20 14"TRANSITION COUPLING 536 O.D. 16.73-16.90 X 15.30- 16"X 30"FCC O.D.16.73-16.90 X $754.73 15.30-15.80 15.80 557 4"X 1"IP TAPPING SADDLE O.D.4.50-4.80 $42.28 i 558 4"X 1" IP TAPPING SADDLE O.D.4.74-5.63 $43.38 f 559 4"X 1" IP TAPPING SADDLE $43.38 O.D.4.75-5.26 I 560 4"X 1.5"IP TAPPING SADDLE $47.03 O.D.4.74-5.63 F 561 4"X 1.5"IP TAPPING SADDLE $47.03 O.D.5.00-5.63 6"X 1"IP TAPPING SADDLE 564 O.D.6.63-6.90 $49.53 565 6"X 1" IP TAPPING SADDLE $48.57 O.D.6.84-7.60 s, 568 6"X 1.5" IP TAPPING SADDLE $53.90 O.D.6.63-7.60 569 6"X 1.5" IP TAPPING SADDLE $52.74 O.D.6.84-7.60 572 6"X 2" IP TAPPING SADDLE O.D.6.84-7.60 $58.20 573 6"X 2" IP TAPPING SADDLE O.D.6.63-7.60 $58.55 SOLICITATION# 11-014 577 8"X 1" IP TAPPING SADDLE O.D. 8.63-9.05 $57.53 578 8"X 1"IP TAPPING SADDLE O.D. 8.84- 10.10 $57.39 579 8"X 1"IP TAPPING SADDLE O.D. 8.99-9.79 $57.39 580 8"X 1"IP TAPPING SADDLE O.D. 9.05-9.63 $57.39 582 8"X 1.5" IP TAPPING SADDLE O.D. 8.63-9.05 $62.10 583 8"X 1.5" IP TAPPING SADDLE O.D. 8.99-9.79 $62.10 8"X 1.5" IP TAPPING SADDLE 584 $62.10 O.D. 9.05-9.63 I 586 8"X 2" IP TAPPING SADDLE O.D. 8.53-9.05 $67.76 587 8"X 2"IP TAPPING SADDLE $67.76 O.D. 8.54- 10.10 590 8"X 4" IP TAPPING SADDLE $158.08 O.D. 8.54- 10.10 k 10"X 1.5"IP TAPPING SADDLE 596 O.D. 10.64- 12.12 $73.38 t 597 10"X 1.5 " IP TAPPING SADDLE $73.38 O.D. 10.75 - 11.10 598 10"X 1.5"IP TAPPING SADDLE F O.D. 11.10- 12.12 $73.38 600 10"X 2"IP TAPPING SADDLE O.D. 10.64- 12.12 $79.11 :601] 10"X 2" IP TAPPING SADDLE $79.11 O.D. 10.75- 11.10 z I a' SOLICITATION# 11-014 602 10"X 2" IP TAPPING SADDLE $79.11 O.D. 11.10 - 12.12 605 12"X 1 " IP TAPPING SADDLE O.D. 12.75- 13.50 $79.38 606 12"X 1 " TAPPING SADDLE $79.38 O.D. 13.10- 14.38 608 12"X 1.5 "IP TAPPING SADDLE $85.01 O.D. 12.75- 13.20 609 12"X 1.5 "IP TAPPING SADDLE $85.01 O.D. 12.75- 13.50 610 12"X 1.5 " IP TAPPING SADDLE $85.01 O.D. 13.10- 14.38 612 12"X 2" IP TAPPING SADDLE O.D. 12.75- 13.20 $90.94 613 12"X 2" IP TAPPING SADDLE $90.94 O.D. 13.10- 14.38 618 16"X 1.5" IP TAPPING SADDLE $122.09 O.D. 17.30- 18.88 621 16- 18"X 1"IP TAPPING $150.01 SADDLE O.D. 19.38- 19.63 623 AMERICAN DARLING 5- 1/4" $1350.00 (WITH 3' BURY) (B84B) I s 624 AMERICAN DARLING 5- 1/4" $1410.00 (WITH 4'BURY) (B84B) 625 AMERICAN DARLING 5- 1/4" $1474.00 (WITH 5' BURY)(B84B) 626 AMERICAN DARLING 5- 1/4" $1535.00 (WITH 6' BURY) (B84B) AMERICAN DARLING B84B 627 TRAFFIC REPAIR KIT 5-1/4' $85.59 E SOLICITATION# 11-014 628 6"AMERICAN DARLING B84B $126.30 HYDRANT EXTENSION KIT 629 12"AMERICAN DARLING B84B $145.27 HYDRANT EXTENSION KIT 630 18"AMERICAN DARLING B84B $164.45 HYDRANT EXTENSION KIT 632 AMERICAN DARLING UPPER $107.48 STEM B84B 5- 1/4" 633 AMERICAN DARLING B84B $218.27 MAIN VALVE REPAIR KIT 5- 1/4" AMERICAN DARLING B84B 634 BONNET GASKET&O-RING KIT $35.69 5- 1/4" 638 6, AMERICAN DARLING B62B $139.94 HYDRANT EXTENSION KIT 639 12"AMERICAN DARLING B62B $164.18 HYDRANT EXTENSION KIT 640 18"AMERICAN DARLING B62B $187.01 HYDRANT EXTENSION KIT 641 24"AMERICAN DARLING B62B $214.17 HYDRANT EXTENSION KIT 642 AMERICAN DARLING UPPER $128.42 STEM B62B 643 AMERICAN DARLING B62B $212.80 3 MAIN VALVE REPAIR KIT 644 AMERICAN DARLING B62B $35.78 BONNET GASKET & O-RING KIT AMERICAN DARLING B62B 645 TRAFFIC REPAIR KIT 5- 1/4", 86 $92.54 & NEWER AMERICAN DARLING B62B 646 TRAFFIC REPAIR KIT 85 & $92.54 OLDER SOLICITATION# 11-014 649 6"MUELLER CENTERION $208.77 HYDRANT EXTENSION KIT 650 12"MUELLER CENTERION HYDRANT EXTENSION KIT $245.05 651 18"MUELLER CENTERION HYDRANT EXTENSION KIT $280.76 652 24"MUELLER CENTERION HYDRANT EXTENSION KIT $312.95 653 MUELLER CENTERION MAIN VALVE REPAIR KIT $248.52 654 MUELLER CENTERION $37.89 BONNET REPAIR KIT MUELLER CENTERION 655 SAFETY FLANGE $112.51 REPAIR KIT MUELLER CENTERION UPPER 656 STEM $97.76 668 MUELLLER IMPROVED PRE-72 UPPER STEM $97.76 669 6"MUELLER IMPROVED PRE- A320-00-006 PRE-72 $207.68 1972 HYDRANT EXTENSION KIT IMPROVED 6"EXTENSION 12"MUELLER IMPROVED PRE- A320-00-006 PRE-72 670 1972 HYDRANT EXTENSION KIT IMPROVED 12" $241.03 t EXTENSION 671 18"MUELLER IMPROVED PRE- IMPROVED 1971 OR 1972 HYDRANT EXTENSION KIT OLDER $275.83 673 MUELLER IMPROVED PRE-1972 IMPROVED 1971 OR $36.07 BONNET REPAIR KIT OLDER MUELLER IMPROVED PRE-1972 IMPROVED 71 & OLDER 674 SAFETY FLANGE REPAIR KIT SAFETY FLANGE $110.18 F KENNEDY COLLISION REPAIR 4 676 KIT FOR 5-1/4"K81A $115.33 GUARDIAN g k F SOLICITATION # 11-014 677 6"KENNEDY GUARDIAN K81 HYDRANT EXTENSION KIT $262.67 678 12" KENNEDY GUARDIAN K81 HYDRANT EXTENSION KIT $306.67 679 18" KENNEDY GUARDIAN K81 $348.00 HYDRANT EXTENSION KIT 680 24" KENNEDY GUARDIAN K81 $378.00 HYDRANT EXTENSION KIT 681 KENNEDY GUARDIAN UPEER $104.47 STEM 5-1/4" 682 KENNEDY GUARDIAN K81A $239.46 MANI VALVE REPAIR KIT KENNEDY GUARDIAN 683 BONNET GASKET&O-RING NO BID REPAIR KIT 688 CLOW MEDALLION TRAFFIC REPAIR KIT NO BID r i 689 6"CLOW MEDAILLION NO BID HYDRANT EXTENSION KIT 690 12"CLOW MEDAILLION NO BID HYDRANT EXTENSION KIT 691 18"CLOW MEDAILLION NO BID HYDRANT EXTENSION KIT 692 24"CLOW MEDAILLION NO BID HYDRANT EXTENSION KIT 693 CLOW MEDALLION UPPER NO BID STEM 694 CLOW MEDALLION MAIN VALVE NO BID REPAIR KIT CLOW MEDALLION 695 BONNET GASKET&O-RING NO BID REPAIR KIT f SOLICITATION# 11-014 696 AVK 2780 TRAFFIC REPAIR KIT NO BID 697 AVK 2780 UPPER STEM NO BID 698 M & H UPPER STEM 929 NO BID 699 M & H 129 NO BID BONNET REPAIR KIT 12"AVK HYDRANT EXTENTION 700 KIT FOR MODEL 2780 5-1/4" NO BID HYDRANT 18"AVK HYDRANT EXTENTION 701 KIT FOR MODEL 2780 5-1/4" NO BID HYDRANT 24"AVK HYDRANT EXTENTION 702 KIT FOR MODEL 2780 5-1/4" NO BID HYDRANT 703 AVK 5-1/4"SEAT AND MAIN 2780 NO BID VALVE RETRO-KIT 704 AVK 5-1/4"BONNET GASKET& 2780 NO BID O-RING KIT 713 24"NON-BOLTED MH LID & $159.74 RING 714 24"BOLTED MH LID & RING $174.42 715 24"X 4" MH CONCRETE RING $20.87 716 24"X 3"MH CONCRETE RING $17.87 717 24"X 2"MH CONCRETE RING $12.75 719 32"MH LID & RING $254.00 720 32" BOLTED MH LID & RING $350.00 721 32"X 4"MH CONCRETE RING $24.58 722 32"X 3" MH CONCRETE RING $14.98 723 32"X 2" MH CONCRETE RING $14.98 SOLICITATION# 11-014 726 4"SDR35 PVC PIPE 14'JOINT COSI PIUS % 4 727 6"SDR35 PVC PIPE 14'JOINT Cost Plus % 4 728 8"SDR35 PVC PIPE 14'JOINT Cost PIUS % 4 729 10"SDR35 PVC PIPE 14'JOINT Cost PIUS % 4 % 730 12"SDR35 PVC PIPE 14'JOINT Cost Plus % 4 % 731 15"SDR35 PVC PIPE 14'JOINT Cost PIUS % 4 % 734 24"SDR35 PVC PIPE 13'JOINT COSI PIUS % 4 735 4"COUPLING HXH SDR35 $1.16 t 736 6"COUPLING HXHXH SDR35 $4.24 737 8"COUPLING HXH SDR35 $13.23 738 8"PVC KICK-ON COUPLING Cost PIUS % 10 0/ 0 739 12"COUPLING HXH SDR35 $63.82 742 4"MALE ADAPTER SDR35 $6.93 743 6"MALE ADAPTER SDR35 $32.47 s 744 4"WYE HXHXH SDR35 $3.21 745 6"WYE HXHXH SDR35 $13.62 B 746 4"45 HXH (1/8 BEND) SDR35 $1.76 z 747 6"45 HXH (1/8 BEND) SDR35 $6.93 4 x 748 8"45 HXH (1/8 BEND) SDR35 $18.88 ¢' f 749 4„45 STR HXS (1/8 BEND) $2.38 SDR35 611 45 STR HXS (1/8 BEND) 750 SDR35 $8.85 751 4”22 HXH (1/8 BEND) SDR35 $1.94 z x 752 6"22 HXH (1/8 BEND) SDR35 $8.45 s SOLICITATION# 11-014 753 4"22 STRE HXS (1/16 BEND) SDR35 $2.38 754 6"22 STRE HXS (1/16 BEND) $9 86 SDR35 755 411 CLEANOUT S X FIP ADAPTER $2.31 SDR35 756 6"CLEANOUT S X FIP ADAPTER $10.93 SDR35 757 8"CLEANOUT S X FIP ADAPTER $36.37 SDR35 758 4" PRESSURE RELIEF VALVE $4.15 759 3"PRESSURE RELIEF VALVE $3.00 760 4"CAP HUB SDR35 $1.02 761 6"CAP HUB SDR35 $3.73 4 762 8"CAP HUB SDR35 $12.20 t } 763 6"X 6"X 4"HXHXHX WYE $11.87 SDR35 I 764 4"DOUBLE WYE HXHXHX SDR35 $28.44 6 DOUBLE WYE HXHXHX 765 " SDR35 $30.86 766 8"X 8"X 6"WYE HXHXHX $30.45 4 SDR35 767 4" MIP PLUG SDR35 $1.40 768 6" MIP PLUG SDR35 $7.07 769 8" MIP PLUG SDR35 $25.55 s 770 8"X 6"SDR35 REDUCER $23.90 COUPLING t 771 6"X 4"SDR35 REDUCER $5.65 COUPLING 772 6 SDR35 DWV BUSHING $12.88 COUPLING 773 4"X 4" SDR35 DWV BUSHING $5.65 COUPLING 774 4"PVC BACKWATER VALVE COSI Plus % 10 (BACKFLOW PREVENTER) 775 3 PVC BACKWATER VALVE COSt Plus % 10 (BACKFLOW PREVENTER) k s f SOLICITATION# 11-014 3 4 TEE TAPPING SADDLE DFW- 776 DFW-4T/C $27.39 " 4T/C 4"SEWER WYE TAPPING 777 DFW-4Y/C $32.28 SADDLE DFW-4Y/C f 778 6"SEWER TEE TAPPING DFW-6T/C $36.19 SADDLE DFW-6T/C 779 6"SEWER TEE TAPPING DFW-6Y/C $42.36 SADDLE DFW-6Y/C s 780 8"X 8"X 4" SDR35 WYE 8"X 4"WYE $25.58 784 4 NON-SHEAR COUPLING MR02-44-ARC Cost Plus % 4 % CLAY X PVC 785 6"NON-SHEAR COUPLING MR02-66-ARC COSI PIUS % 4 CLAY X PVC 786 8"NON-SHEAR COUPLING MR02-88-ARC COSI PIUS % 4 % CLAY X PVC 787 10"NON-SHEAR COUPLING MR02-1010-ARC Cost PIUS % 4 % CLAY X PVC 788 12"NON-SHEAR COUPLING MR02-1212-ARC COSI PIUS % 4 % CLAY X PVC 789 411 NON SHEAR COUPLING MR06-44-ARC Cost PIUS % 4 % CONCRETE X PVC 790 6"NON SHEAR COUPLING MR06-66-ARC COSI PIUS % 4 % CONCRETE X PVC 791 811 NON SHEAR COUPLING MR06-88-ARC Cost Plus % 4 % CONCRETE X PVC 792 . 4"NON SHEAR COUPLING PVC MR56-44-ARC COSI PIUS % 4 % X PVC 793 6"NON SHEAR COUPLING PVC MR56-66-ARC Cost PIUS % 4 % X PVC 794 8"NON SHEAR COUPLING PVC MR56-88-ARC COSI PIUS % 4 % X PVC 795 10" NON SHEAR COUPLING PVC X PVC MR56-1010-ARC Cost Plus % 4 796 12"NON SHEAR COUPLING PVC MR56-1212-ARC Cost Plus % 4 % X PVC 797 1511 NON SHEAR COUPLING PVC MR56-1515-ARC COSI PIUS % 5 % X PVC 798 18" NON SHEAR COUPLING PVC MR56-1818-ARC Cost PIUS % 5 % X PVC 801 12„NON SHEAR COUPLING MR06-1212-ARC COSI Plus % 4 % CONCRETE X PVC SOLICITATION# 11-014 802 15" NON SHEAR COUPLING MR06-1515-ARC COSI Plus % 5 0/ CONCRETE X PVC ° 803 18"NON SHEAR COUPLING Cost Plus % 5 CONCRETE X PVC F 805 15"NON SHEAR COUPLING COSI PIUS % 5 % E CLAY X PCV 806 18" NON SHEAR COUPLING COSI PIUS % 5 CLAY X PCV 4 SANITARY SEWER TRAFFIC Cost PIUS % 4 810 11 BOOT 811 6"SANITARY SEWER TRAFFIC COSI PIUS % 4 0/ BOOT ° 813 1/2"SCH40 PVC COMP Cost PIUS % 5 % ± COUPLING 814 3/4"SCH40 PVC COMP COSI PIUS % 5 COUPLING 815 1"SCH40 PVC COMP COUPLING COSI PIUS % 5 816 1 -1/4"SCH40 PVC COMP COSI PIUS % 5 % £ COUPLING 817 1- 1/2"SCH40 PVC COMP COSI PIUS % 5 COUPLING 818 2"SCH40 PVC COMP COUPLING COSI PIUS % 5 819 1/2" PVC SCH40 TEE Cost Pius % 5 820 1/2"SCH40 PVC MIP ADAPTER COSI PIUS % 5 t: 821 1/2"SCH40 PVC MIP X FIP COSI PIUS % 5 ADAPTER 822 1/2"X 3/4"PVC SCH40 COSI PIUS % 5 REDUCER BUSHING 823 1/2"PVC SCH40 90 ELL COSI PIUS % 5 824 1/2"PVC SCH40 45 ELL Cost Plus % 5 825 1/2"PVC SCH40 COUPLING COSI Plus % 5 826 1/2"PVC SCH40 GLUE CAP Cost Plus % 5 827 1/2"SCH40 PVC FIP X FIP Cost Plus % 5 COUPLING 828 3/4"PVC SCH40 45 COSI PIUS % 5 N 829 5 3/4"PVC SCH40 CROSS TEE Cost PIUS % t SOLICITATION# 11-014 830 3/4"FIP X GLUE 90 $0.20 831 3/4"PVC SCH40 TEE Cost PIUS % 5 % 832 3/4" PVC SCH40 90 COSI PIUS % 5 833 3/4"PVC SCH40 MIP ADAPTER COSI PIUS % 5 834 3/4"PVC SCH40 FIP CAP COSI PIUS % 5 835 3/4" PVC SCH40 GLUE CAP COSI PIUS % 5 836 3/4" PVC SCH40 COUPLING COSI PIUS % 5 % 837 3/4"PVC SCH40 FIP X GLUE COSI PIUS % 5 0/ COUPLING ° 838 3/4" PVC SCH40 FIP X GLUE COSI PIUS % 5 °/ BUSHING ° 839 3/4"PVC SCH40 FIP X FIP Cost PIUS % 5 % COUPLING 840 1"PVC SCH40 MIP ADAPTER Cost Plus % 5 % 841 1"PVC SCH40 GLUE 90 COSI Plus % 5 % 842 1" PVC SCH40 GLUE 45 COSI PIUS % 5 % 843 1"PVC SCH40 GLUE TEE COSI PIUS % 5 % 844 1"PVC SCH40 GLUE COUPLING COSI PIUS % 5 % 845 1"PVC SCH40 FIP X GLUE Cost Plus % 5 % COUPLING 846 1"PVC SCH40 FIP CAP COSI PIUS % 5 847 1"PVC SCH40 GLUE CAP COSI PIUS % 5 % 848 1"X 3/4" PVC SCH40 GLUE Cost PIUS % 5 % BUSHING 849 1"X 1/2"PVC SCH40 GLUE COSI PIUS % 5 BUSHING 850 1"X 3/4"SCH40 PVC FIP X SLIP Cost PIUS % 5 BUSHING 851 1"X 1/4"SCH40 PVC SLIP COSI PIUS % 5 BUSHING i 852 1/2"X 1-1/4"SCH40 PVC SLIP COSI PIUS % 5 BUSHING SOLICITATION# 11-014 853 3/4"X 1-1/4"SCH40 PVC SLIP COSI PIUS % 5 BUSHING °/° 855 1"X 1-1/2"SCH40 PVC SLIP Cost PIUS % 5 °/ BUSHING ° 856 3/4"X 1-1/2"SCH40 PVC SLIP COSI PIUS % 5 BUSHING 0/° 857 1/2"X 1-1/2"SCH40 PVC SLIP Cost Plus % 5 BUSHING 0/o 858 1-1/4"SCH40 PVC COUPLING COSI PIUS % 5 % 859 1-1/4"SCH40 PVC 45 ELL COSI PIUS % 5 % 860 1-1/4"SCH40 PVC TEE Cost PIUS % 5 % 861 1-1/4"SCH40 PVC 90 COSI Plus % 5 % 862 1-1/2"SCH40 PVC COUPLING Cost PIUS % 5 % 863 1-1/2"SCH40 PVC FIP ADAPTER Cost PIUS % 5 % 864 1-1/2"SCH40 PVC CAP COSI PIUS % 5 865 1-1/2"SCH40 PVC 45 Cost PIUS % 5 866 1-1/2"SCH40 PVC MIP ADAPTER COSI PIUS % 5 t 867 1-1/2"SCH40 PVC TEE COSI Plus % 5 868 1-1/2"SCH40 PVC 90 COSI Plus % 5 869 2"SCH40 PVC CAP Cost Plus % 5 870 2"SCH40 PVC COUPLING COSI PIUS % 5 s 871 2"SCH40 PVC MIP ADAPTER COSI PIUS % 5 872 2"SCH40 PVC TEE COSI Plus % 5 873 2"SCH40 PVC 90 COSI Plus % 5 Y 874 2"SCH40 PVC 45 Cost PIUS % 5 875 2-1/2"SCH40 PVC COUPLING COSI PIUS % 5 876 1-1/4"SCH40 PVC MIP ADAPTER Cost Plus % 5 SOLICITATION# 11-014 877 2"SCH40 PVC FIP ADAPTER COSI Plus % 5 % 991740 6"X 4"DOUBLE WYE COSI PIUS % 5 % 991741 10"HYMAX COUPLING Cost Plus % 10 % 991742 10" DI MEGA LUG Cost PIUS % 9 % 991743 10"C900 PIPE Cost PIUS % 5 % 991744 10" 10 X 6 DI FLANGE TEE Cost PIUS % 10 991745 2"BRASS COUPLING Cost PIUS % 5 s 991746 2"BRASS ELLS 90* Cost PIUS % 5 % 991747 1"AIR RELEASE VALVES Cost Plus % 9 991748 10"DI MEGA LUG W/GLND COSI PIUS % 9 % } k 991749 10"PVC MEGA LUG W/GLND COSI Plus % F 991750 4"x4"SCH40 COUPLING $2.42 R 991751 6"X6"SDR36 GSKT X STR 45 $8.67 991752 8" 8 X 8 X 6 TEE $88.65 x i X 991753 8" 22.5 BEND DI $56.54 991754 16" SADDLE IP DBL SDL 17.40- NO BID 18.88 991755 24"AFC B84B EXTENSION KIT $184.66 991757 4"SDR26 $1.50/FT 991758 6"FLG X MJ GATE VALVE $400.45 t 991760 1-1/4"SCH40 PVC PIPE Cost PIUS % 5 991761 AVK UPPER STEM W/GASKETS NO BID 991762 4"DOUBLE WYE $46.95 i 991763 4 BUSHING SPIGIT X Hto $1.82 „ ADPTR it k 1, 5: j n SOLICITATION# 11-014 991764 MUELLER MAIN VALVE KIT IMP $362.98 991765 6"SWR GxGxG DOUBLE WYE $45.43 991766 4"x4"SWR x DWV SWR ADPT $2 95 COUPLING 991767 4"SWR HxH 11-1/4 ELL $12.64 991768 6"SWR HxH 11-1/4 ELL $16.07 991769 4"SWR HxH ST 11-1/4 ELL $12.95 991770 6"SWR HxH ST 11-1/4 ELL $16.47 991772 12 X 1-1/2 IP DBL SS SADDLE NO BID 12.00- 13.10 991773 M&H 5-1/4 BRZ MAIN VN PLT F/929 NO BID 991774 M&H 5-1/4 BRZ MAIN VN SEAT E F/929 NO BID 991775 12"CO SWR VLV BX F-7 AUSTIN $43.34 991776 4"PVC DWV FEM ADPT Cost Pius % 5 991777 6"PVC DWV FEM ADPT Cost Plus % 5 DELIVERY IN 5 DAYS I s 4 { t t f 1 f. k f Supplier Agreement FERGUSON ENTERPRISES,INC.("Seller")and CITY OF ROUND ROCK,TEXAS("Buyer") The terms and conditions stated herein("Terms")shall apply to all orders placed and/or purchases made by or through the Buyer from the Seller on or after the first date indicated below. 1. SCOPE: The parties acknowledge that standard business forms may be used to facilitate processing orders including, but not limited to, quotations, acknowledgements, invoices,purchase orders, and delivery tickets jointly referred to as "Standard Form". All terms and conditions on such Standard Form other than product description, quantity, price, payment terms, and FOB point are stricken and declared null and void;the Terms of this Agreement shall exclusively control. 2. LIENS: To the extent payment is received by Seller, Seller warrants there are no liens or encumbrances on the supplied materials. Seller shall execute appropriate lien waivers upon request of Buyer; lien waivers shall be conditioned upon payment to Seller. 3. COMPLIANCE WITH LAWS/REGULATIONS: Seller shall abide by workplace safety regulations, including OSHA regulations as applicable. MSDS shall be made available upon request of Buyer. Seller certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments and that it does not permit and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Seller certifies further that its services are performed in compliance with the Fair Labor Standards Act of 1938,as amended. 4. INSURANCE: Seller shall maintain all insurance as required by law and shall not allow such coverage to lapse. Seller agrees to maintain 1) Worker's Compensation coverage as required by applicable state law, 2) $4 million in general liability insurance, and 3) $5 million in automobile liability coverage. Certificate of insurance indicating coverage in effect is available upon Buyer's request. 5. INDEMNIFICATION: Seller shall indemnify Buyer from any loss, damage, claim, suit, liability, judgment or expense proximately caused by Seller's negligence. 6. WARRANTY: Manufacturers warranty and service obligations are for the benefit of and shall be made available to Buyer and/or end user. In the unlikely event of a warranty claim, Seller shall assist Buyer by presenting Buyer's warranty claim to the respective manufacturer. Product warranties are from the respective manufacturer; THE BUYER'S SOLE AND EXCLUSIVE WARRANTY IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. SELLER HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL SELLER BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO THE UNDERLYING PRODUCTS UNLESS AND TO THE EXTENT PROXIMATELY CAUSED BY SELLER'S ACTIVE NEGLIGENCE. 7. PAYMENT TO SELLER: Buyer agrees to pay for the products according to the Seller's payment terms. There shall be no retainage. All past due amounts are subject to service charges at the rate agreed upon by the parties,otherwise at f the maximum contract rate permitted by law. Seller reserves the right to rescind the extension of credit to Buyer should Buyer's account become delinquent or should there be a change in the Buyer's creditworthiness(Seller to be the sole determiner of creditworthiness of Buyer). Should Seller pursue collection due to non-payment by Buyer, Buyer does hereby agree to reimburse Seller all costs of collection, including attorney fees, in both direct actions against the Buyer and in indirect actions pursuant to mechanic/materialman lien,bond,or similar statutes. k 8. FORCE MAJEURE/DELIVERY: Seller shall not be liable for any delays in delivery which are outside of the control of the Seller, including, but not limited to, delayed or non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes beyond the direct control of Seller. ti Page 1 Supplier Agreement version 1/3/2006 Supplier Agreement 9. RETURNS: Buyer may return any product which Seller stocks with no restocking charge if. (i)it is in new condition, suitable for resale in its undamaged original packaging and with all its original parts,(ii)it has not been used,installed, modified,rebuilt,reconditioned,repaired,altered or damaged,and(iii)will not cause an overstock condition at Seller's servicing facility. Buyer's surplus job returns, and those not meeting the above conditions, will be evaluated on an individual basis after Buyer has contacted Seller. Special orders or non-stock items may be returned if the manufacturer will accept the return,subject to restock,shipping,and handling fees. 10. TAXES: The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the Buyer's invoice as a distinct line item and shall be paid by Buyer unless Buyer provides Seller with an exemption certificate acceptable to the taxing authorities. 11. SEVERABILITY: These terms and conditions of sale shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and conditions of sale and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance herefrom. 12. ENTIRE AGREEMENT: This document along with Buyer's Credit Application with Seller constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the facility manager of the Seller's servicing location. All transactions shall be governed solely by the terms and conditions contained herein. 13. GOVERNING LAW: This transaction shall be governed in all respects by the laws of state where delivery occurred or was scheduled to occur(excluding choice of law provisions). 14. AGREED: The parties have read, understood, and agree to the terms and conditions herein as evidenced by the signature of their authorized representatives below. City of Round Rock,Texas FERGUSON ENTERPRISES,INC. By. By. V Printed Name: Printed Name: 1 Ll C S Title: Title: r ' Date: Date: C-4 i .Z 0 1 1 4 E Page 2 Supplier Agreement version 1/3/2006 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: 11-014 RESPONDENT'S NAME: Ferguson Waterworks DATE: 10/11/2011 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 City of Austin Name of Contact James Perez Title of Contact Material P1 annpr E-Mail Address iames.perez@ci.austin.tx.us Present Address 2600 WPbbervi 1 1 e Rd . City, State,Zip Code Austin, tx 78702 Telephone Number ( 512 ) 703-6621 Fax Number: ( 512 ) 702-6620 pager 512-802-8752 2. Company's Name City of Cedar Park Name of Contact Joe Spiking Title of Contact Water Distribution E-Mail Address spikinq@cedarparktx.us Present Address 2401 183A Toll Rd. City, State,Zip Code Cedar Park, Tx 78613 Telephone Number ( 51 ) 401 -5572 Fax Number: ( ) 3. Company's Name City of Hutto Name of Contact James Devereaux Title of Contact Utility Superintendent E-Mail Address james.devereaux@huttotx.gov Present Address 401 A West Front St. City, State, Zip Code Hutto, Texas 78634 Telephone Number ( 512) 759-4020 Fax Number: ( 512 ) 759-4017 FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 11 of 11 '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 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. 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. 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? 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. 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 By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED Ferguson Waterworks 10/11/2011 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. r s 1prROUND ROCK,TEXAS Ci council A enda Summar Sheet PURPOSE.PASSION.PROSPERITY. 1;. F k Agenda Item No. G10. Consider a resolution authorizing the Mayor to execute a contract with Ferguson Enterprises, Inc. dba Ferguson Waterworks for repairs and maintenance parts for water Agenda Caption: and wastewater lines. Meeting Date: June 14, 2012 Department: Utilities and Environmental Services Staff Person making presentation: Michael Thane, P.E. z Utilities Director Item Summary: This agreement between the City of Round Rock and Ferguson Enterprise, Inc. 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 s fittings, fire hydrants, plumbing supplies, and plumbing equipment. Ferguson 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 z. 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 } Recommended Action: Approval Y, _ aa� t F 4 i E C { 3 3 1 S E i CITY Off'ROUND ROCK AGREEMENT FOR PROVISION OF REPAIR AND MAINTENANCE PARTS AND SERVICE'S FOR 'ATER LINES AND WASTEWATER EINES FROM FERGUSON ENTERPRISES.INC.dba FERGUSON WATERWORKS HE STATE OF TEXAS CITY OF ROUND ROCK § ,.KN(,) ,,AI, , Y TIIES ;PRESEN'rS: COUNTY OF WILLIAMSON § COUJUNTY OF TRAVIS o- z 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 =` can this the 14&day of t `he month of�J(�.Q� 01 1, try and between the CITY CF � ROUND ROCK, TEXAS, a home-rifle municipality whose offices are located at 221 East Adair£ ' Street, Round Rock, Texas 78664, referred to herein as "City," and FERGUSON ENTERPRISES, 1NC. dbp F:ER(IUS(:N 1VATE �ORKS, whose office address is 200 Park Central, Georgetown, "Texas 78626, referred to herein as 'Ttrguson" or "Vendrin" This Agreement supersedes and replaces any previous agreements bet-.peen thk n rrned parties, whether oral oT lmrittet;,and,v hether or not established by custom and praotirwe. i RECTI AES: A'1z1 RE..AS, City desires to ctltuact for the provision +fit iepuir will maintenance parts { and associated serv" Ices for water line, and waS-`tes4 Ater lines, and City desires to_fi3 1;'+y;lr!`C; S:.xn t �. l"ronl'Fergi':son; and f1:tEREL11lkS; 'Cit'y 11 is issued its "Is vltation 601-l'iiCt ti r til r,' ov"sion o sills ,goods, and Cit.v fleas, select-ld flaid bid s+ubt .It•4 by Fc ruson- 1Ct 4 f-EREEA?, the oa`tics dewire o enter no ".f?tti ')'g e e nenr To s f vll {n tivLl-t {ng :iti.'ir { St3FC'Lll;erigl,ls, dutiesandtJt1hga11t�IiS; t ltt1{"rc.-und il< �U1"5_ ti. tti i11r.1 Ilii'I tl.E:Li r 3:?wG lit 3_a1+ 61 _ 3 F;1 s.3_ fi :,..' ..nd a 1ib1c consid-,-rat on,the res ipt i aid,51'.i�;. .e Fl+.�' o -"1;hkJ-' art Ll-- tl t=;ilt t�rCe,3` t ll1.f�L�'s: LO 1),F{.INI` -13'0 NS i f {A C y 3 l: i t: �R,-c2-- designated IFFB 111-01,4, Spccificatioi. Number 1-11-6710 dated z\uoist 203,11; (b) Ferguson-s Response to IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendinents thereto. Any inconsistencies or conflicts in the contract 63(-'UrnentS shall be resolved by giving prcfcrenci: the following order: "I This Agr-eeratnt, (2) Fergusons Response to IFF; (3) City's Irivitation for.8i0s,itxhibitz,, andattachnients. & City means the City of Round Rock..IWilliamsopand Travis Counties,Texas. C. it Date means the date, upon ,vhich the binding signatures of both parries to-this Agreernent are affixed. D. Force Majeure means acts of Giod, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind ftom. the government of the United ,States or the State of Texas or any ci-vil or military authority, ins-unrectious, riots, epidcrnics, landslides, lightnin,,, earthquakes, fires., hurricanes, stones, Doods... rcstraint of the govern.M-en't and the people, civil disturbane-es, explosio.P.-S, Or(,'�fhcr causes not reasonably within the control of the party clairning such inability, E, Goods and serlices niean the se-o'.,ices, sqpr-lies, ,onnnodities,or equijon-.tent, F, Ferguson ineans Fagason Fraerpr0eq W. Aa Fergmw,., AVatz.n,;o,r]ksUr anyoff tis coq)oratc su,uctures, succ,ssors or assigus, 101 ITFECIIVE DATE,INITT AL T,Mfel,_k N1) A L.L(J".VABLE rLE NE WAI—S k This Agnwnmi shaH he efkcti,,,e i",r, fl- ditc it ili,.s ken Agmd by NO paK�� hortu, a MR i-emodi in full 1156,Tce anT Wxt imOss and W! it expires by olieration of the sun stated had,or Wil tcirrnfilawd or cxt:nded as pirovidcd hcrein, it the min of this AlVeement shall bo for Oure (3) conswcwive IsvivennoMn puRds hvm th Make dMe humA Wer tdihai tliis `tigfeemont nn y be exWed Wr successivc off -_-%Vefve (12) nwnths each, rwA to exceed in flh,, 12) such cxterisions, withi suc.1 extensions to oumir wi or beRme W, -Kpiraxloo, ,late of the prm-eifiig ten-,,, and m such extensions bc�ing absolLuely Prclicrani d upor;The expr�ss writ' n ofbxotl. yvardes. Stsh extensions an. pern-.iacd oily provided Ft!rSusoin,has (erfornied, ea,,-A) and every s ,pecired ir1x1.0 his crigina". Ch Pykes shall! loa -io " 1% , ,i -1-1 1 d', --, ini,- -. c�lh�2rgm KIM W perwAnd An Welig pupony KNIg but lirnilc,'] c6mF PAS"bod nit OwAnk; PUMN 01 MA UM" (1) City may permit "'unh p',,ioe" adjus'u-nents. upwarris not to exce", live percent pa year of the ohWnal unit price o.ri those items bid as "Per Unit."' Such price adjustnicnt shall be only as a result of a cost increasc, in accordance witin 'the Producers Price Index (PPI" at Eg'p Any price horease shall be requested by Ferguson in -,,witing and accompanied by the appropriate documentation (to include be supporting PP[ information for that iteiT,,) to justify the reqLI,'w'StCJ irlCreaSe, and Shall cwIfOMI to allowable percentage dhanlgres and -to all requirenaents delineated in this Agreemiva and in lFB 111-014, Specification Number 11-670 dated August 201 L Ferguson may oMer price decreases in excess of the allloNv'able percentage change at any time, For hems bid as a"Cot flus Pemenw,a price inuene is not applicable or allonrable, as the cat of be hem is a direct pass-throug), to City. A coppy of the associated manufacturer in-voice shall be submitted with invoice to City for said items. No price increasa, shall be permitted on the mark-up percentage, D. ChY reserves the rigl'it to review the relationship at any, time. and may elect to tcrminaie this Agreement with or without caul,,-or may elect to conti-,,yr, 3.01 CONTRAC'T DOCUIVIENI'S AND EXHIMI'S City stedectcd 1"erguson '0 supply the goods as outlined in 'IFT.3 11-014, Specification Nlurnber 1 1-670 dated August 201 11,and lasponsc towIF19 Submitted by Ferguson, aO as specified ir. ExhJbi-: "A" attached licreto and made a pan haeof W all purpowMe iz-,'crut oi'thes- ciocurr!'ents is to fturmulate an Agmernma Mg the responsibilities of bc)th parties as udhed I by Ferg-,isorj in As Rcsporjsci,,-,�-1he 1-17r,", the 1 FB and as a0bred be goods Mich care the su"Dject nm% of Wis &Vumrdf' -14suribed in 11�xhibft "A" and, together with ibis Agreeintei-lt' cofilpris� t1he W"tal a"dl they at-' fully .i part ofhis Agree nnea, as if repeated herein in fAL 101 INITIAL. RESORT TO PROVIDVIRS, AND SUBSEQUENT WORI M, SECONDARYPRO'VIDERY MANDATES FOR PROVISION 011GOODS ,A- WWI 'Resort to Proyjdeysnud Subs-Lonent Resort jio Seeondar,� Provft p, I --1 ecii- Hy acknowledge and agree as fbIlows: Ferguson shall be coiisid red as one rr ties 8 , -�oal e ,iff'o-o" p'rovidlers of the specified good, City rna- -re 'I yii- its sol., atn-d "'Int'et"e, -d ckct C") zk goods fron" ajrv"' )ne -.)f the lbur pro S"hould th-",1.*ust provdor not be able t�'-,, fulfill thee order io strict accon'Ln(-e "he rn"in'A-at'-'s .A nia -�iog three Imoviders may be considered"but and be ccwracted to,provide :Ineufcherez --n -lie goods as a sumWay providej% ShoWd hmh 4w fitst riaid secclncl pnuvi6crs con'tacted not b,,, awe to Adfill t1fle Order "'I-st,.-ict the mandates of flats Agrenn3u, Wn wo in jenl cote of vthe pro'viders amy be cwWew-,J PWVWe 01C providen shoubdi vancetit rot be it 0, WAI We (odor V) nuk rouurdanm wAs rho ramidaws CA, Air, -t-ild 04 M �Xwd die last romak, Mg noy hr Ferguson specifically filiqlael,acknowledges and agre��s as folfloxi-s: This Agreenient is MY1 an exclusive agreement, City may, in its site and Lint"ettered discretion, elQct to -as,e any of the four providers inw-hatever order it deers most advantageous to City's purposes. City may.in its �ole and unfettered discr,etiion, elect to. u^e �,,jj Q e th r V providers. Citv is not obligated to us-, or ourchase any estimate-C-1 anniial quantiV,, of On"'XIS, and no guarante,� 5 rnad-, of arty n1bihnIjin or maximurn.purchase. Mandates for Provision of Goods — Entergencv Order and Delivery. k erguson specifically,further aciciowledges and aorces as follow-s: City shall make a notilication call to Ferguson by telephone with emergency order and delivery instructions for delivery of goods that City has designated for jZ de 1;ver In the event that Ferguson does not ans,%ver the telephone and./Or return City's not'fication voicemail within fifteen (15)minutes of initial placement of cal.1 by City, then and in, i that event City may contact and place the order with any secondary provider as provided above, N T oa-apswer of notification Call may result in City declaring Ferguson to be non-coarnpliant with die order and under this Agreement,- non-retuiTted voicemail within fifteen (15" ininutes Tnav result in City declaring Fergasor,to be non-conipliant with (fie order anti Lulder this Agreement. The legal definition under this Agreernent of"'repeated non-compliance" shall mean three (3)) incidents, Dither sequential or r:!7C I Olt non-compliarce as delineated in this paragraph within a period of six (6) consecutmnioriths, Repeated non-compliance i-ruty resvP, at City's discretion, in cancellation ofthis Ag-jeerrient In Aholc OT;fl rM171- !Vhen CAy li& nwit'ied I­'erguson of a'a gLiier� i1ehyer1 _Ferguson sT a"' Z have- trained perFon-net or,-Site Withif NVO (2) 11OUS of C.R/s iwlifiicado, , and __Fer:g-u..son shall fulfill In ftill-the eiriergencparts orders within, c 01 die site roenlcy g('ods, parts, and iteins shall be delivored to th,.t location specified by City, or at City)s ele, tion Fer to pick- iii} sc,,id goods on dic sarric dayl guson shall allow C., 'I, plaTis faoilitv shall not 100 n-lilcs, 11 1.1c, ordCred ao,ods ?rte not defiv(;red Cin-sfte or in,,AlanIi to t-"ify strictl,; -within the UITtafrarne specrrjt;dl iin this Ageenactna, ilien and ;n UM,! Fergtison inay be deenied to 11,_11_1',. rion-coiripliant �,Jffi [lie order and- its '"best value" desiopation suspc-ndcd as, that order, and Clity, �hedl fret !o pj,ocw,& th,­ ZP � S eiscvviwrt�Afrorn the r inainflig dyfee prcrvidefs of frorn a 'SOur Mitodates 'for Pro�jsion of Goods No.r.4',niergei,it'i, Ordtr i.,usd Del fiery, i City Shall IK)611,�afion call by u"llp-,ph and delivery instractions Rer d(:Iiv�_-rof`Grid's that C has ksi-.nxed for I,-, deliven In J-i'3 evz-l'i-1, that Fera"ISOR 00e's 1101 an swe,r dhe r-airr, citv's cif 6fication Vc,"ceni l=l G-ith In:Wentv-null ('414) 1.r:urs of initial placer­--n.t o by, Ci at';' r e, 1-4 tha. -Vt-l"t (_'itvz= co'raact )nd rhc- ordcr -,vith < si,,,­,)ndary, pir-1-1,11".- (),11 n0n,` ca' LO mcan three (3) incidents, either sequential or not,, of iion-compliance a � .,ti{pit d in this paragraph within a period of six (6) consecuti-ve months. Opeated non-compliance may result, at My's sole cliscredon, in cancellaiian oft lis Agreement inwhole or in pan, When City has notified has designated fbi order an �Je4ljVerj, I f'ergUS,j_, shAl RdEU in RAI the non-emergency parts ordCTS WiTiuin the dates and 'times specified by City in the P'urehasc 03der. UNNg dishme from Ciy's locat-ion to Ft-rguson's parts facility Shall, I'lot exceed 100 miles.if the ordered goods are not de;livQfed on-site or in-hand to City strictly 1.vithin the timeftame specified in this Agreement,then and in that everv .Ferguson may b,- doeined to b�: non-compliat-it with the or&r and its "best value" designation suspended as to that order, and City shall be free to procure the goods else-where fiorn the remaining tree providers or from a different source. 5.01 'ITEMS AW.A.RDED; COSTS Only if, as, and vvhen needed by ('_'ily, items are awarded to Fer(Y usor. in accoirdance with g bid itefrisshowTi on Exhibit"A." Ferguson spe6fically acknowledges and agT. es that City ;s not obligated to use oi, purchase any estimated ammial qumvhy of gooi:ls. Only if, a�, and wl-ten needed by Ciiy, the Ibic", costs listed on Fxhibit'"A"shall be tlie basis of any(_tharges collected by F',_�rtguson, 6,01 JNVOICES Ail invoices shall jaciude,at a rnirinn-um, the f'okoving intbr-maTion: ,V Name 27 d addn'ss of Ferg-uson,; B. F*urchasc Order iNlurnber; Description and qwandty ofitc-`lits edtied D Delivory M INTERLOCAT COOPEJRkTIVE :Z�uthority for local o-vernanents to Goninioz .i It? ancffii2i to pc_­66ni-, cert do -Functions and sef-victs, bw am Wted to furictions, i: a ad -.iovL Fitk� 7, Chapter 791, Cooperatioii Contmots, ranted w ,�r ( -rnmetit 4Uode, ] a a i Subehapv,n-B and Subdmpwr and Local _odt, Tidt 8, f.,1aptt-r 271, SuOhchaptol' 271A01 0-hei gove7nmenia.11,Wks ME Ic .'SLlk oc l7exas may be v:"-_tendluxl tlw, to purch,-_is: offo-FUM Coy of Round Ro�Ys bid, with -111-it an'd vcndor(s) and Round RocL Such agrc�-.-nnit ..halt I", conclusively th, ,c-"tdor fnioni ac of excepdom to this clause hi The vandW, resparaw, -Ifl P�Irdts lhoreby exprcssly agme Amt oil MY of Found Pack is nui xi agenocf�1pairuri.,,f it, Dr represenwive of thosc misidt n0s or undies and ohs Ku QI of Paind R=:,,, i,�. n� t"c'.". ion or dehly Oat may win w nFod-, !wInTeMONS, 8J)l NON-APPROPPIATION AND FISCAL FUNDING This Agreement is a conirnitment of City's current revenues only. it is understood an agreed that C.'ity shall have*he right to terltninate this areemelrt at the end c::l'any Crit; Eiwal ;,ct:r if the goveming body of Ci' does I of appropriate turYds s'uficienL to pjlrch Se -the services as determined by Cita.''s budget for the 11s',Eft year it' question, City may effect such terinination 'C-y zGYVlY2 x"BrFlICIia . tltteri l lytic of?Lin2inatlO?Y at t it ris, ..its tllexl-cur rt Escal `r -aT, 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251,V.T.CA., Texas Goveniment Code, any payment to be made by Cite to Ferguson will be made within, thirty (30) days of thin date City receives goods t under this AgreenYent, the (late the perfbrrnaiacc of the service's Ynder this _ greeinent are completed, or the dale City receives a correct invoice for the goods or services, whichever is later. Ferguson may charge interest lin an overdue payinent at the "rate in effect"lin September I of the fiscal year in which the payment becomes overdue, in accordance with V.T.C,A., Texas Government Code, Section 22-51.025(b). This Prollipt Payment Policy dies not apply to payments made by,t iii if; 1 ,lirre is a bona fide;dispute between{_;ity arid] 1'e.r-tis m a con victor. Subcontractor, -'r�sllp?lier about goods deli erect or the set-vice t.aLlscs t! e pk3yIT,eYIi t'ti t) tat'u; o". B (here is a bona i;ttr; ` isouto bet Y e_! } :rl.,loll a'nd, a or ;ielwt.r;n ;llbcont-ract`)I and its sL?'A.wile about the eo?ds delivered of. 1,k: st„,,Vice (`tnt`).t`ned that causes ,lc payment to tin (r ,,)r R i.... .lel=� t.,:;.t<Ys �;3x 4t t`::e.tale .�ct. {.virii i.i; riarlt, r<�G�.1.2t1Jrii; cir yii tuli.: Y..✓r Yarn rfia-king a,'in,el; par rnunt x.vi2'_�I IYderal funds, or IJ luu 12±. i'y :s not 21'_ul> d ,`r ,,.t;' .t it E:' se i;!r u.lajr r to the 3 7Tzer.i , !tla', by wn[tc'I. notic;, ct) t'ZI t G.i, ,:1_:1c_ ahis wit1ou", ;Ilei; +Iasi, „9I2y ha,bdity to i c Li .l'. 't.t it ,s tdiatermine.:l ,)y Cith.,tt �rsli';ilt, i i 1xibes III t?t j)r'IT4 of 'rlt5, OT Otl t vs)..._ k,ten:, o tereLf. (, ...t�._. „ 3i .4itl_ 'tib t:l I) rib raia!ice i.t :ht. Agrc'.,n.acnt. `._n la!"1... :?ti >t!?;':cr iTi)eb`t t,°Cii3itiu :2:} i .., { #Ie: t i t 1211 RDERS PLACED WI a H A t_:' 'I:'NATE VENDORS If F,-rguson cnraaot provide the goods as spec i:Gd, City reserves, the '7g'.+?t and option to obtan sarne fiona another source or upplier(s). B&I INSURANCE _Fergon And Inlet ail I"eq1uir Inenis as ;dated II_ h,_ attachod havit3'ti n 11r 13iid Nc i'R t 1-014(including all attachments and exhibits),and its bid re:s:ponse, 14.01, CITYS REPRESENTATIVE City hereby designates the fbilowing representative(s) authorized to act in its belga:f with regard to this Agreement: Rick�hisenarit,Utility Inventory Specialist City ofRon&mock Public Works Department ent 910 Luther Peterson Place Round Rock,'CX 78664 512-218-5570 512-801-4483 ech rt��1.;s�vnazgt,i�Fr o �atd-.c�cls._,x,�.:s r 15.01 RIGHTTOASSURANCE Wtaenc.:,_ eitlik,�,jxxty w this A recuieT1t in good f:al;i;; has ,.,ason to quit stion t1a, €:)tfif' ?artys intent to ?perform f?+erewWi.i, dren dpi!and may Ilk made 1: the ):tae"t .arty tbl.t, v: riIten assurance of the intent '_i perforin. In the event ent that no written assurwice :i Qvx'.21 'Vialin the ;easollable time ETecihed . len demand is made, `hen and in Tri. ? , „n-` shy ni [ :?eat 1LC.li; lltCtl .cSaal'lafl?llil�lit''?4' Mie?ldacilt '_Gf' _1iS- YYftiSt2 3t. 1601 DEFAULT if Ferguson eb .d _s or jLWts hereunder nc-, <a ttie L_ t t itL farsh«st1I 4-a; T'i.ITSG:I :Scl"tiut.S ie:::..-wlivlc; i'ut°ciSa'tri agrees that: it MH not be ; c''ISett,tc-Ci in the rt;- atfvt'rt_>t'ment of the and that it may not be€,,oinMered?.ii t-.}-:t.trc bids tbr t}y-.. sande type of rM liakh,ss the s'uCt tid, ofvvvYk is I. ?wtitt .I.tlt'do saY?: Jiblltt,:%i';fiy A. F&A to ,ta,.k 1 tl na ti , F in W when tdut, q _ 'v i Vii. .;a:.Is lo f.,3s1 . thnely aid 4...zt _. 1l P-�r ,,,ii. a 3.t�.'rC.t:i _da' .. '7 k k. f 17.01 TERIVIENATION AND SUSPENSION A. City has the right to terminate tais Agrecinent, in v,,hole or in part. 3or converiic:nce and wiffi-cut cause, at any tirne upon thirty(30' da S' Written T,,-)tiQe to Fergu-son, B. jr, the event of any, 4jefault by FerjUsori, City has trjolji Pzj-jiij- A g,ccrl-1 oM fOrill-N , uooj! k-,i I (10) days ;;,;riL'tcn jjot-'--tc,J'k-,-g�j 11, sc C Ferguson has the right to terminate this Agreement only for cailse, in the evcn-1 of -material and substantial breach by City, or by written mutual aggfcenitnt to tainipate. D. in the event City terminates under stibsections (A) or (B) ofl this section, the ['0110 wing shall apply: Upon City's delivery of the referenced notice to Ferguson,Ferguson shall discontinue all services in connection with the perforniance oft his Agreernent and shall proceed to cancel promptly all existing orders and contracts lnsof�rr as such orders and contracts are chargeable to this Agreernerxt, Within thirty(3)0) days after notice of termination, Ferguson shall submit a staterrien, detailing the goods audlor services satisfactorijY perarmedtinder this Agreement to the date ofterinination, City shall then pay, Fer- ison that portion of the charges, if undisputed. The parties agree that Ferguson is riot tntitle.d to conyi o 'ji I perisall -i ff r s it-,,-o,, have performed under`the reniatinin"g"ta:rm i,-,f tl-?,{, A""yeeineuit exc; pt as nrov ided heroin I.S.01 INDEMNIFICATION l"ergusoll si-iall 1,11 ti--r-Aid (at the Option of n- lica , ;J Ad ('itv, ifs, suci--,- Sors- zIssigns, officels� empio,"'ecs and elected official; hainnIess fi-orn and against all .;`6t4, ?:tit ns, legal proc,--edixigs, clahn , derjiancls� damalves, il,,osts., eexpenses,, attorneys and any and all other costs or fees arising out of, or �oncerrang-- or reswI11110 fi-orn the fault of F-Irglison, or Fcrguson's agents, eiriployees t--,r subcot-aractors, in the P;:rromnallce of E'Oigusc-)11's no to who."r), lo's: A?Ic;:y £?C.GlS' Nothiviu- shali be iimit :he -n g ht s G 1"C I'v i,g t f I i .ill°:.°i1ig, but not limited "o the" igizt -K 'l-ity, -,rl) n-a- an �nde,11.11'fie 3 ibtmt to sk'e! co N, 10 19,011 CO-AIPLIANC.1t,; W11'P, LAIAVS, ANI) ()MI )INANCES AS agcnas7 mpjbye-es and S ilse N-St efbrs-u) cainifly, W"01 ;I:j l derad 'Ind Sial- 1� %v - r`tv's Ch'a-U-i, and aIIIc!*.zall'1 with all it e-S arld aro.,;I-a ularL ID IM- rt"IUS, 20,01 ASSR3NNIVNT AiND I he part,es hoNei.-,v birld 'h - ,> i's arldi i eI)T S;T"livi�'s a j. L UU Oa--I of ,-3 is — t SL, Usi, A. When deli-v rt d }Ne2 st),.ially to redpi a's _dduss as stateCi in this _gre :?t,nt, or 3. "l iaree (3) jays after Bing de;pashed in the United States mail, 'rviil) postage prepaid to the recipient's address as stated in t'ns Ari' t nent, Notice to IPerguson; Ferguson Enterprises, Inc. Iba Feggusoij ; ,t.'.`"i'r"foI'ks 200 Park Central Georgetc-mi,TX 78626 otiec to City: Assistant City Manager Stephein L. beets, City- F,ttorneyT 221 East '`lain`street A t4ID TO: 309F.,asi Main Street Round Rock,TX 7866; Round Rock,`r'X 78664 T�f 7 l e ,NotA`Ang ecntained herein shall be con traed to restricyt th, tva,tnn7lSwi(3I1 of f.Ji?tlil: ';o.nununications between representatives c ,"i.ty and Ferguson. 22.01 APPLICABLE Lik.W; ENFORCENII.X1 .NTD VENUE This :mcnt shat" be .YtC:Leabl=, iRotund 7Cii, Y ._ 4�In>1 if legal ivtlC)S'i 15 necessary by cithec}`a y . I.i_ respeci to rhe i:nI`brc,-nvcnt of any or all of th-,tern.. a.'consdons l orcin,LXclusi v. `df;nuu for safn;; shall B;:in MAl?l Ln n ., t A j', 1 ee.`as. '!'his,='g roctnc--nit.,hall E governedby, aind construed tta utxi)iC:ance 4b i tiw laws,:nd court decisions of the St--l4i )j" t xa5. 23.01. I4,XCIAfSIVP'—LkGjZF , ENI CNI This C1LsctCellmq and -11 Iil)peaded documwQ u:;t_.thutc-s thff entiIC Agrcc ficin betv,ecn Ci�v and Ferguson. 'I his .g, .,i"i't ??a> .;I?,; he xnendo-'r s.-PpACIS"lilli:{I y .ilitltual i- ' agreemenu a:t. Ir paries ."ertto ivwrRhig, duly nu aln iSred l,, aJon ch Ow Chy iab,.?: e ;C'` is I if a d1pule or {1 rim maxims under did r b;ire£C..i.n4 50 PaKeS aVVI Pa . ..._ Wti✓ iG t 1 ti-y d: nit ;,!'_1 ;,t.ie of claill'I b 1 -�E>CS[:r.i.i.C„. ill'i -ri.:.1_' means,s, i 'i: u da..:._-; s„..11'?_ _f.; :iL '- .- art cnnnor reach a s,utially'3itiskx �1 �.�4�t�lL'sti{�€ r..,�_:A.:t;�in .h_.13 .'Vei1i (»_ � i iso' 3(!l}i �€5�.1£*.�- A.... cl�3il}a W bebesf7Ugl�t it' i; a�.._,.< ..� -.T1i tltc h.wtl., of a dklixLl.,.S—y ;tIia%ctQii C!"L-dlZltoi. ?° ihc r::;1z 't, „I! ;3 :lgc..4 :;I1 c. ( �taSd Ferguson shall each st.y el'i ,. ?C'i 1aT.}I .::.5:..d le two ,.T1CC?.;�to s;-ball agree upon is tli' d T'w.#3wor. Any cogs and Ams. .}tl.i,:.. that onto nee G.r'i, ?.,SW...Wed „'i L th,-,ni _Leatjo s._a._ lb !,,arcdl cctuall- h� panics, z_.,,, .)o ..x 1 '- t y 4 m WAY&L MYjymet0v Wer To 1£ t t- f! l` E '5.01 SEVERABILITY The ;invalidity, illegality, or anen.1"Orceability of any provision of this Agri merit or the occurrence of any event renderinany portion or provision of this Agreement void sl all it, no 9 way affect the vtj]id;tV or enfor ca-H� th, td-ity of any 01 --1 P-011"Orl or pmvision of this Agr�-'emierlt, Anv Such void provision shall be deemed s-,vcred ftora this Agreenae-pt, And th-1 balance of th" Is Ax-rcornent sha"I be conslrwd and enforced as if alis Agre=eflt did r.011 OO Main the pa-mcuia" Portion or provision held to be void. The parties fill-ther agree to amend this Agreement to replace any stricken provision vvith<I valid provision that comes as close as possible to the intern of the stricken provision- The provisions hereof shall not prevent this ttmire Agreement from being void should a provision that is of the essence of this Agreeirient be determined to be void. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Fergusoo represents that it employs trained, experienced and competent persons to per-Ponn all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shah be P :Tfornied ','I a nifty ler according to generally accepted i ticlustry practices, Time is of ille Essence. Ferguism Lmderstand's and a-rces that fim-- is of fl e esstjlCe and i. that any failure of 1`e"5"Llson to fu fill obligations 1"or each portio.n )f fli's Agreement -wiffiin iiii-, tinaefframes %vill constivate a material breach of this Agit�errleut, Fi��rgwson s.h,-,-tl be fully r�sponsible for its deiays or 'for failtires to se Oest k�'iflh -tile 'enras oThis Agreement. Wi-.re damage �auscd to City J11- to, T� .Z' , I I I 01;("MSCIA's fallu're. to, perform In these elfCAlfristances, City may p-lirsue. anov�renlel",avaj tab!-- w3ithout vvaivt-,,ofa.,ly,)f C,;ty,s a�,iejiti)jj,,j 1 e ga I I-I ghts or:'-rnedios Multiplt:C-4-ju11ferpl-11-ti. Thils Ac�reeunent illy y be enecutt;d W, m CounTeIrparts, any oi.ie c)f which shall be :onsid- erl-ed yin original of th-IS am, jJ? W, "vihich, whu-11 mlk('�Il A.- A tog ediel-I s1hail'i Constitwe of 'and NIO fi-a-ve th-'s reeint tn.t Clty of Ribund A'k"NW5 Fel-ouz;wl Ei1l:t:rprjse5' file, By:, .......... I al