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
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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
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Code Section 252.022(a)(2) regarding procurements necessary to preserve or protect the public health
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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
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to provide selected parts at reasonable pricing, and
WHEREAS, the City Council wishes to contract with Ferguson Enterprises, Inc. dba Ferguson
Waterworks Now Therefore
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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
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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.
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RESOLVED this 14th day of June, 2012.
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ALAN MCGRAW, Mayor '
City of Round Rock, Texas
ATTEST:
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SARA L. WHITE, City Clerk
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EXHIBIT
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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
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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:
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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:
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1.01 DEFINITIONS
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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
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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.
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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
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F. Ferguson means Ferguson Enterprises, Inc. dba Ferguson Waterworks, or any of =.
its corporate structures, successors or assigns.
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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.
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(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
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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
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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."
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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 '
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All invoices shall include,at a minimum,the folio ling information:
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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
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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.
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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
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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.
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1:1.01 TAX' S
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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.
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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
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treat such failure as air anticipatory repudiation of this Agre�nnent.
16.01, .DEFAULT
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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.
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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
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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
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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£.
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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.
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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.
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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:
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Sara L. While'. City Clerk Steph—all L. Sheets, Cav Attot-ne
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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.
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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
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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.
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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.
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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
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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.
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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
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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. '
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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.
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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
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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
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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.
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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: ( )
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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: ( )
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FAILURE TO PROVIDE THE REQUIRED INFORMATION.WITH THE SOLICITATION RESPONSE MAY c
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
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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
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MAIN UNE SIZE 6" TEE r
2'-0" (SEE 'NOTE #2) I
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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
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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,
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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
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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,
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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
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'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?
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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'
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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
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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:
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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:
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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;
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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;
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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
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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.
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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.
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BID SHEET
CITY DESCRIPTION MODEL# (IF APPLICABLE) UNIT UNIT PRICE a
ITEM #
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1 1/2"SCH40 PVC PIPE COSIPIUS % 5
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2 3/4"SCH40 PVC PIPECost PIUS % 5
3 1"SCH40 PVC PIPE Cost PIUS % 5 °
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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
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21 20"DUCTILE IRON PIPE $54.34/FT
22 24" DUCTILE IRON PIPE $68.20/FT
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23 30" DUCTILE IRON PIPE $93.61/FT
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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
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27 12"DI SLEEVE MJ X MJ $119.40
28 16"DI SLEEVE MJ X MJ $231.48
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$359.55
29 20"DI SLEEVE MJ X MJ
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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
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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
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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
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SOLICITATION#11-014
57 8"x 6" MJ DUCTILE IRON s
CROSS $107.81
58 8" MJ DUCTILE IRON TREE $106.85
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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
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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
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73 12" MJ ACCESSORY $24.69
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75 16"MJ ACCESSORY $40.67
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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
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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
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85 8"C900 MEGA LUG $27.59
ACCESSORY I
86 12"DI MEGA LUG ACCESSORY $48.33
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12"C900 MEGA LUG
87 $54.81 ?
ACCESSORY
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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
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151 14"AWWA MJ GATE VALVE $3943.22
152 16"AWWA MJ X MJ GATE
VALVE $3906.25
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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
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156 6"AUSTIN SPEC VAN CAN LID $9.62
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157 AUSTIN SPEC C-8 COLLAR $11.79
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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
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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
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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
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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
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182 3/4"COMP 90 CTS L44-33-G $13.22 g
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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
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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
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197 1"COMP TEE CTS T444-444—G $26.27
198 1"FLARE X MIP COUPLING C28-44 $10.63 f
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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
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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
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}
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
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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 {
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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
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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
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340 8"X 15"FULL CIRCLE REPAIR $94.02
CLAMP O.D. 7.95-8.35
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341 8"X 7"FULL CIRCLE REPAIR $53.00
CLAMP O.D. 8.54-8.94
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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 '
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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
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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
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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
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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
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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
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I
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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
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}
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
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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 % }
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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
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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
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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
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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.
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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.
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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
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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.
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1prROUND ROCK,TEXAS Ci council A enda Summar Sheet
PURPOSE.PASSION.PROSPERITY.
1;.
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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
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Recommended Action: Approval
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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
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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
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y
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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
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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' ..
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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