BID SPECIFICATIONS

Transcription

1 HARLINGEN WATERWORKS SYSTEMS BID SPECIFICATIONS FOR A TWELVE (12) MONTH SERVICE CONTRACT FOR THE: REPAIR OF GEAR BOX / MIXER DRIVES AT THE DOWNTOWN & M.F. RUNNION WATER TREATMENT PLANTS AND WASTEWATER TREATMENT PLANT NO. 2 Bid Due Date: MONDAY, JUNE 18, 2018 at 2:00PM Bid Opening Date: WEDNESDAY, JUNE 20, 2018 at 2:30 PM

2 TABLE OF CONTENTS INVITATION TO BID... 3 INSTRUCTIONS TO BIDDERS ACKNOWLEDGEMENT OF ADDENDUM ETHICS STATEMENT REQUIREMENT FOR DISCLOSURE OF CONFLICT OF INTEREST CONFLICT OF INTEREST QUESTIONNAIRE FORM W-9 FORM W-8 FORM BID SHEET CERTIFICATION AND AUTHORIZATION OF BID VENDOR AGREEMENT SPECIFICATIONS of 27

3 INVITATION TO BID Date: May 23, 2018 Dear Bidder: The Harlingen Waterworks System (Waterworks) invites you to submit a bid for the Twelve (12) Month Service Contract for the REPAIR OF GEAR BOX / MIXER DRIVES. Detailed specifications and bid forms may be obtained on the Harlingen Waterworks System Website at The Harlingen Waterworks System will receive Sealed Bids addressed to the Purchasing Managers Office until 2:00 P.M., on MONDAY, JUNE 18, No Late Bids will be accepted. The Bids will be publicly opened and read aloud. All Bidders are invited to attend the opening. We request that you carefully read the Instructions to Bidders which are enclosed. Questions concerning this Bid Packet may be directed via , phone, or fax to: Name: Sanjuana Garcia Title: Purchasing Manager sjgarcia@hwws.com Phone: (956) The Harlingen Waterworks System reserves the right to refuse and reject any or all bids, waive any or all formalities or technicalities, hold bids for a period of 60 days without taking action, and accept the bid to be the best and most advantageous to the Harlingen Waterworks System. Sincerely, Sanjuana Garcia Purchasing Manager 3 of 27

4 BID INFORMATION INSTRUCTIONS TO BIDDERS 1. THE BID a. Competitive formal bids will be received for: A Twelve (12) Month Service Contract for the REPAIR OF GEAR BOX / MIXER DRIVES in the Office of the Purchasing Manager at 114 North L Street Harlingen, Texas until: 2:00 P.M., on MONDAY, JUNE 18, No late bids will be accepted. b. Please read the specifications thoroughly and be sure that the REPAIR OF GEAR BOX / MIXER DRIVES offered comply with all requirements. Any variation from the specifications must be clearly stated on a separate sheet, attached to, and made a part of your bid. If there are no exceptions, and you are the successful bidder, it will be required that the item bid be provided as specified. c. Where in this bid package REPAIR OF GEAR BOX / MIXER DRIVES is used, its meaning shall refer to the establishment of a Twelve (12) Month Service Contract for the REPAIR OF GEAR BOX / MIXER DRIVES, as specified. 2. DESCRIPTION The Request for Bid consists of providing a Twelve (12) Month Service Contract for the REPAIR OF GEAR BOX / MIXER DRIVES. The REPAIR OF GEAR BOX / MIXER DRIVES to be furnished under this proposal shall be the type specified. All specifications shown are at minimum. There is no intention to disqualify any bidder who can meet the specifications. 3. BID DOCUMENTS a. Detailed specifications and bid forms may be obtained on the Harlingen Waterworks System Website at b. All bids must be submitted on the forms provided and are subject to all requirements of the Bid Documents. c. All bids must be regular in every respect and no interlineations; excisions or special conditions may be made or included by the bidder. 4. BIDDER S RESPONSIBILITIES a. Bids must be submitted on the attached Bid Sheet. All the requested information must be filled in clearly and completely to avoid possible disqualification of the bid submitted. b. Bidders must include with bid, two (2) executed (signed) originals of the Vendor Agreement. c. Bidders will be required to hold their prices firm for the contract period. d. The bid price quoted must include all items requested and remain firm until payment. Price shall include shipping costs. No partial bids will be accepted. 4 of 27

5 e. The quoted date of service, if applicable, is an important part of the bid. It, in many cases, may be the deciding factor in the award of bid. f. Bidder shall carefully examine all documents in the Bid Packet for the Twelve (12) Month Service Contract of REPAIR OF GEAR BOX / MIXER DRIVES. Should the bidder find discrepancies in, or omissions from bid forms, specifications or other documents, or should he/she be in doubt as to their meaning, he/she shall immediately notify the Waterworks Bid Administrator and obtain clarification by addendum prior to submitting any bid. g. The Bidder shall verify the service requirements prior to submittal of bids and ensure ability to pick up and deliver the proposed material or equipment in a vehicle, which is compatible with the existing loading and unloading system. h. The Bidder shall pay all royalties and charges which are legal and equitable for or on account of the use of patented appliances, products, or processes. Evidence of such payment or satisfaction shall be submitted upon request of the Waterworks as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products, or processes are used. 5. EXCEPTIONS OR CHANGES a. No bid may be altered or amended after the bid date, although any bid may be withdrawn and resubmitted before that date. Any bids received after the bid date and time specified in the bid packet will be returned unopened. b. No changes or alterations will be allowed to the bidder s instructions and specifications unless specifically changed by an addendum. 6. THE WATERWORKS RESERVATIONS a. The Harlingen Waterworks reserves the right to hold all bids for a period of sixty (60) days without taking any action. Bidders are required to hold their bids firm for same period of time. If no action is taken within sixty (60) days all bids and bid deposits will be rejected and returned to owners. b. The Harlingen Waterworks System reserves the right to reject any or all bids, to waive defects and formalities in such bids, and to award the contract to the bidder which it considers has submitted the best and most advantageous bid. c. The Bid Award may be based on, but not necessarily limited to, the following factors: i. Conformity to specifications. ii. The purchase price, including payment discount terms. iii. The reputation of the bidder and of the bidder s goods or services. iv. The quality of the bidder s goods or services. v. The extent to which the goods or services meet the Waterworks needs. vi. The bidder s past relationship with the Waterworks. vii. Delivery terms. viii. Payment terms. ix. Availability of product or service. x. The total long-term cost to the Waterworks to acquire the bidder s goods or services. xi. Any relevant criteria specifically listed in this request for bid. xii. Vendor s safety record. d. The Waterworks reserves the right to waive or take exception to any part of these specifications when in the best interest of the Waterworks. 5 of 27

6 7. SUBMISSION OF BID a. Bids must be delivered or mailed to the Harlingen Waterworks System, Attn.: Purchasing Manager 114 North L Street, Harlingen, Texas in a sealed envelope on or before the bid opening date and time. No late bids will be accepted. b. The sealed Bid Envelope must include the following Bid Documents: i. Acknowledgement of Addendum ii. Ethics Statement iii. Conflict of Interest iv. W9 or W8 Tax Identification Form v. Bid Sheet vi. Certification and Authorization of Bid vii. Two (2) executed (signed) originals of the Vendor Agreement c. The sealed Bid Envelope must be clearly marked as follows: SEALED BID Bid Name: REPAIR OF GEAR BOX / MIXER DRIVES Bid Due Date & Time: MONDAY, JUNE 18, 2018 at 2:00 P.M. Bid Opening Date & Time: WEDNESDAY, JUNE 20, 2018 at 2:30 P.M. d. The Harlingen Waterworks System may consider as irregular, any bid on which there is an alternation of or departure from the Bid Sheet and Certification and Authorization of Bid and, at its option, may reject any irregular bid. 8. MINIMUM REQUIREMENTS These are the minimum requirements that will be acceptable to the Harlingen Waterworks System. Any bid that does not meet the minimum requirements specified will be rejected. 9. SPECIAL NOTE TO BIDDER Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer, the term or equal if not inserted shall be implied. The specified article or material shall be understood as descriptive, not restrictive: it is intended to indicate type and quality desired. The Harlingen Waterworks System reserves the right to judge the quality of any substitution. Bids on brand of like nature and quality will be considered. If bidding on other than referenced specifications, bid must show manufacturer, brand, model, etc., of article covered. 10. INTERPRETATIONS OR ADDENDA No oral interpretations will be made to any bidder. Each request for an interpretation shall be made in writing no less than seventy-two (72) hours prior to the bid opening. Each interpretation made will be in the form of an Addendum to the bid documents and will be distributed to all parties holding bid documents no less than twenty-four (24) hours prior to the bid opening. It is, however, the bidder s responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the bid documents and all bidders shall be bound by such addenda, whether or not received by the bidders. 6 of 27

7 11. UNIT PRICE Bidders must ensure that all calculations are correct. Calculation errors may be cause to reject a bid. Quote prices F.O.B. (Free on Board) in this project. Bid in units of hourly rate, as specified, extend and show total (as requested). The equipment stated in the Bid Sheet is based upon existing equipment and is for reference only and does not bind Waterworks to a specific piece of equipment being serviced. In the event of discrepancies in extension, unit prices will govern. Bids subject to unlimited price increase will not be considered. Waterworks shall honor only the unit prices stated on the Bid Sheet Form. Therefore, it should incorporate any and all costs at time of submittal. 12. TAXES The Harlingen Waterworks System is exempt from Federal Excise Tax, State Tax, and Local Taxes. Do not include tax in the bid. If it is determined that tax was included in the bid it will not be included in the tabulation of any awards. Tax exemption certificates will be furnished upon request. 13. TAX IDENTIFICATION NUMBER (TIN) In accordance with IRA Publication 1220, a W-9 Form, or a W-8BEN Form, in cases of a foreign vendor, will be required of all vendors doing business with the Harlingen Waterworks System. If a W9 or W8 form is not made available to Waterworks, the first payment will be subject to income tax withholding at a rate of 28% or 30% depending on the U.S. status and the source of income as per IRS Publication The W9 or W8 form must be included with the Bid. Attached are sample forms. 14. CORRECTIONS Erasures or other corrections in the bid must be noted over the signature of the bidder. 15. BIDDER S FACILITY LOCATION The geographical location(s) of bidder's facilities will be given due consideration in the evaluation and award of bid. All items (applicable if more than one) will be evaluated and awarded individually or in any combination thereof. 16. TIME FOR RECEIVING BIDS Bids received prior to the advertised hour of opening shall be securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered. 17. OPENING OF BIDS The Harlingen Waterworks System shall, at the time and place fixed for the opening of bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present. 18. WITHDRAWAL OF BIDS Bids may be withdrawn by written request dispatched for delivery in the normal course of business prior to the bid opening. 7 of 27

8 TERMS & CONDITIONS 19. PROVIDER PERFORMANCE Waterworks require(s) Supplier(s)/Contractor(s) of these services to meet all specifications. In the event the Supplier/contractor is unable to meet all specified obligations of this Contract, Waterworks may award contract to the Bidder whose bid is considered to be the next best and advantageous to the Waterworks. Supplier/Contractor must also provide proper training, acceptable to Harlingen Waterworks System, in the operation of equipment. 20. TIME IS OF THE ESSENCE a. Having operable equipment is critical to the mission of Waterworks. When a piece of equipment becomes inoperable it puts a strain on the remaining equipment and Waterworks will not be able to operate at maximum efficiency to meet the needs of its customers. During the time between removal and receipt of the repaired equipment Waterworks is vulnerable to having a shut down if other remaining equipment fails. b. Therefore time is of the essence that the repair of equipment occurs in a timely manner. Supplier shall work with due diligence to quote Waterworks the cost and time frame it will take to repair the equipment within 48 hours of receipt of the inoperable equipment. Once a PO has been issued due diligence must occur to repair it and return to Waterworks as soon as feasibly possible. 21. CONTRACT PERIOD The Twelve (12) Month Supply Contract of REPAIR OF GEAR BOX / MIXER DRIVES shall commence on October 1, 2018 and expire on September 30, The terms of the Agreement shall be for a ONE (1) year period with the option to extend the Agreement for an additional TWO (2) years. 22. ORDERING, SHIPPING, HANDLING AND DELIVERY OF PRODUCT a. REPAIR OF GEAR BOX / MIXER DRIVES shall be procured on an as needed basis and invoiced accordingly. The Supplier/Contractor is required to provide the Waterworks with a Scope of Work before any work is done. The Scope of Work needs to include a schedule of service and delivery time frame. b. A Purchase Order Number must accompany all orders at time of order. The Supplier/Contractor agrees to make deliveries only upon receipt of duly signed and approved Purchase Order(s) issued by the Waterworks. Deliveries without such Purchase Order(s) shall be at Supplier s/contractor s risk and shall leave the Waterworks the option of cancelling any Contract implied or expressed herein. c. It is emphasized that the Waterworks does not guarantee to procure any specific quantity of work listed during the period of this contract; rather, the quantities may vary depending upon the actual needs of the Waterworks. d. The Supplier/Contractor agrees to ensure that his/her carrier has all appropriate equipment such as tools, hoses, valves and suitable hydraulic or electrical devices capable of insuring a timely loading and unloading as not to interrupt the normal operation of the Waterworks. 8 of 27

9 e. If delay can be foreseen, Supplier/Contractor shall give prior notice to Waterworks. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the Waterworks to acquire service for REPAIR OF GEAR BOX / MIXER DRIVES elsewhere and charge increase in cost and handling to defaulting bidder. f. Acceptable reasons for delayed delivery times are as follows: Acts of God, (floods, tornadoes, hurricanes, etc.), acts of government, fire, strikes, and war, (actions beyond the control of the successful bidder). g. All deliveries shall be coordinated by the supplier/contractor to the locations designated by the ordering Waterworks personnel at time of order. h. Pick up and Deliveries will only be accepted Monday through Friday, between the hours of 8:00 a.m. to 3:00 p.m. i. All delivery tickets must be signed by the receiving Waterworks employee and have a description of the equipment delivered. 23. INVOICING All invoices must be submitted itemized as to the time worked, service description, and applicable discount (if any). In addition, invoices must show the Location Address to which the material was delivered, and the Waterworks Purchase Order Number. 24. PAYMENT Payment shall be made after the Waterworks has approved the invoice or after Waterworks has accepted the goods, whichever occurs later. Waterworks agrees that the terms of this Contract and all rights otherwise reserved by law, shall constitute the sole, controlling contract terms. 25. INDEMNIFICATION Supplier/Contractor shall indemnify, defend and hold harmless Waterworks, its affiliates and subsidiaries, from and against any and all claims, liabilities, losses, damages, cost or expense (including but not limited to reasonable attorney s fees) arising out of, resulting from or occurring in connection with the performance of the contract and/or supplies that is (I) attributable to any bodily or personal injury, sickness, diseases or death of any person or any damage or injury to or destruction of real or personal property including the loss of use thereof; and (II) caused in whole or in part by any negligent, strict liability or other act or omission of their respective agents or employees or any other party for whom any of them may be liable regardless of whether such is caused in part by the negligent, strict liability or other act or omission of a party or parties indemnified hereunder. This indemnification shall extend to claims occurring after any contract is terminated as well as while it is in force. 26. EEOC GUIDELINES During the performance of this Contract, the Supplier/Contractor agrees not to discriminate against any employee or applicant for employment because of race, national origin, age, religion, gender, marital or veteran status, or physically challenging condition. 27. TERMINATION OF AGREEMENT The contract may be terminated by the Waterworks, at its option, upon thirty (30) days written notice. If the services furnished do not conform to the standard set forth herein, or if the deliveries and servicing of this Contract do not conform to the requirements detailed herein, the Waterworks has the right to terminate this contract by giving the Supplier/Contractor five (5) calendar days written notice. The Supplier/Contractor shall be compensated for the goods or services satisfactorily provided/performed prior to the termination date. 9 of 27

10 ACKNOWLEDGEMENT OF ADDENDUM TWELVE (12) MONTH SERVICE CONTRACT FOR REPAIR OF GEAR BOX / MIXER DRIVES BID NO Any interpretation, correction, or change to the invitation to bid will be made by ADDENDUM. Changes or corrections will be issued by the Harlingen Waterworks System. It is the responsibility of the bidders to visit the Harlingen Waterworks System Website, at to ascertain if any addenda have been issued and to obtain, execute, and include them with the bid. Bidder acknowledges receipt of the following addendum or addenda. No.1 No.2 No.3 No.4 No.5 Respectfully Submitted By: Signature of Duly Authorized Representative Printed Name: Title: Company Name: Address: Date: 10 of 27

11 ETHICS STATEMENT The undersigned bidder, by signing and executing this bid, certifies and represents to the Harlingen Waterworks System that bidder has not offered, conferred or agreed to confer any pecuniary benefit, as defined by (1.07 (a) (6) of the Texas Penal Code, or any other thing of value as consideration for the receipt of information or any special treatment or advantage relating to this bid. The bidder certifies and represents that the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value as consideration for the recipient s decision, opinion, recommendation, vote or other exercise of discretion concerning this bid, the bidder certifies and represents that bidder has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of the Harlingen Waterworks System concerning this bid on the basis of any consideration not authorized by law. The bidder also certifies and represents that bidder has not received any information not available to other bidders so as to give the undersigned a preferential advantage with respect to this bid. The bidder further certifies and represents that bidder has not violated any state, federal, or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like, and that bidder will not in the future offer, confer, or agree to confer any pecuniary benefit or other thing of value of any officer, trustee, agent or employee of the Harlingen Waterworks System in return for the person having exercised their official discretion, power or duty with respect to this bid. The bidder certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent, or employee of the Harlingen Waterworks System in connection with information regarding this bid, the submission of this bid, the award of this bid or the performance, delivery or sale pursuant to this bid. The vendor shall defend, indemnify, and hold harmless the Harlingen Waterworks System, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, arising out of, connected with, or resulting from any acts or omissions of contractor or any agent, employee, subcontractor, or Supplier of contractor in the execution or performance of this bid. I have read all of the specifications and general bid requirements and do hereby certify that all items submitted meet specifications. FIRM S REPRESENTATIVE: TYPE/PRINT NAME: TITLE: COMPANY NAME: MAILING ADDRESS: CITY, STATE, & ZIP CODE: (Signature) TELEPHONE NO.: .: FEDERAL ID# AND/OR S/S #: DATE: 11 of 27

12 REQUIREMENT FOR DISCLOSURE OF CONFLICT OF INTEREST In accordance with Chapter 176 of the Texas Local Government Code, Respondent shall submit a Conflict of Interest Questionnaire as detailed below: 1. The CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ) is required to be filed within 7 business days of: i. Beginning contract discussions or negotiations with Waterworks; or ii. Responding to a Request for Proposal, Invitation to Bid, or a correspondence or other writing related to a potential agreement with Waterworks. 2. A person required to file a conflict of interest must file an updated questionnaire not later than September 1 st of each year that a contractual relationship or negotiation is pending with Waterworks. The CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ) is to be completed and submitted to Waterworks Office, located at 134 E. Van Buren, Attn: General Manager s Office, Harlingen, Texas COMPLETION AND SUBMISSION OF FORM CIQ ARE THE SOLE RESPONSIBILITY OF THE PROSPECTIVE RESPONDENT. 12 of 27

13 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor of other person doing business with local government entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the government entity. By Law this questionnaire must be filled with the records administrator of the local government not later than the 7 th business day after the date the person becomes aware of facts that require the statement to be filed. See Section , Local Government Code. A person commits an offense if the person violates Section , Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of Person doing business with local government entity. OFFICE USE ONLY Date Received 2 Check this box if you are filing an update to a previous questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section (a), Local Government Code, is pending and not later that the 7 th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local government entity who makes recommendations to a local government officer of the local government entity with respect to the Expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local government entity that is the subject of this questionnaire. 13 of 27

14 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor of other person doing business with local government entity PAGE 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C, & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to the Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? Yes No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10% or more? Yes No D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 7 Signature of person doing business with the government entity Date 14 of 27

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17 BID SHEET TWELVE (12) MONTH SERVICE CONTRACT FOR REPAIR OF GEAR BOX / MIXER DRIVES BID No GENERAL All bids must be in strict accordance with all terms, conditions and specifications within this Bid Request. To be accepted, bidders must thoroughly complete all blanks in this section. (Please type or write legibly in ink). Bidders must ensure that all calculations are correct. Quantities indicated in the Bid are estimated based upon the best available information. The Harlingen Waterworks System reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the unit bid price. ITEM NO. 1 DESCRIPTION REPAIR OF GEAR BOX / MIXER DRIVES Manufacturers include but are not limited to Line-O-Power, Philadelphia, and Morse. UNIT PRICE Straight Time Rate Per Hr. Overtime Rate Per Hr. Parts (+/- Cost) % PER ATTACHED SPECIFICATIONS The Service for REPAIR OF GEAR BOX / MIXER DRIVES will be applicable on an as needed basis to the following location(s): Downtown Water Treatment Plant, 412 N. 3 rd Street, Harlingen, Texas M.F. Runnion Water Treatment Plant, 2525 Dixieland Road, Harlingen, Texas Wastewater Treatment Plant No. 2, 4736 E. Harrison Ave., Harlingen, Texas Pick up or Deliveries shall be made Monday through Friday, between the hours of 8:00 a.m. to 3:00 p.m., unless otherwise requested. Respectfully submitted this day of, 2018 Company Name: Representative s Signature: Address: 17 of 27

18 CERTIFICATION AND AUTHORIZATION OF BID FOR TWELVE (12) MONTH SERVICE CONTRACT FOR REPAIR OF GEAR BOX / MIXER DRIVES The undersigned hereby certifies that he/she has fully read and understands this Request for Bid and has full knowledge of the scope, quantity, and quality of the services and materials to be furnished, including the careful examination of the Vendor Agreement, Instructions to Bidders, Specifications, and Bid Sheet and intends to adhere to the provisions described herein. It is further agreed that the quantities of materials to be furnished may be increased or decreased as may be considered necessary, at the unit price set forth on the Bid Sheet. The undersigned also affirms that they are duly authorized to submit the Bid Sheet, that the Bid Sheet has not been prepared in collusion with any other vendor, and that the contents of the Bid Sheet have not been communicated to any other Vendor prior to the official opening of this Bid. I have read and agree to comply with all of these requirements. FIRM S REPRESENTATIVE: TYPE/PRINT NAME: TITLE: COMPANY NAME: MAILING ADDRESS: CITY, STATE, & ZIP CODE: TELEPHONE NO.: FAX NO.: ADDRESS: DATE: (Signature) 18 of 27

19 HARLINGEN WATERWORKS SYSTEM MAINTENANCE AGREEMENT FOR REPAIR OF GEAR BOX / MIXER DRIVES THIS AGREEMENT by and between the City of Harlingen Waterworks System, hereinafter referred to as "Waterworks," and "Vendor," evidences the following:, hereinafter referred to as 1.01 PARTIES - The parties to this Agreement are: (a) Harlingen Waterworks System, Physical Address: Address Mail To: 134 E. Van Buren P.O. Box 1950 Harlingen, Texas Harlingen, Texas Phone: (956) (b) (c) Waterworks Authorized Representative: Timothy E. Skoglund, P.E. Title: General Manager Phone: (956) Address tskoglund@hwws.com Vendor Name and Address: Address (d) Subject of Agreement: Twelve (12) Month Service Contract for The REPAIR OF GEAR BOX / MIXER DRIVES (e) (f) (g) Vendor Authorized Representative: Title: Phone Number: Address: The Vendor s complete name is required (above). A street address is required (above). Vendor may designate a post office box for mailing purposes only Vendor, including his employees and suppliers, will at all times remain independent contractors and will not be considered representatives or agents of Waterworks. The method and manner of performance of Vendor's undertaking under this Agreement will be under the exclusive control of Vendor Vendor agrees to furnish Waterworks with the materials or equipment described as follows: 19 of 27

20 (a) (b) (c) (d) According to Specifications attached hereto as Exhibit A; and The Bid Sheet, Certification and Authorization of Bid, Quotes and Special Conditions, if any. This Vendor Agreement, Bid Sheet, Certification and Authorization of Bid Form and all documents in the Bid Packet, if any, are the contract documents. At Waterworks ' request, Vendor will provide: 2.01 CONTRACT DATES (a) (1) Factual information as to the existence and financial stability of Vendor; (2) A list of other municipalities being served by Vendor; and (3) If applicable, a laboratory test report, at Vendor's expense, from an accredited laboratory showing the quality of the materials or work provided under this Agreement. This Agreement shall commence on October 1, 2018 and expire on September 30, (b) The terms of the Agreement shall be for a ONE (1) year period with the option to extend the Agreement for an additional TWO (2) years PAYMENT TO VENDOR (a) Contract Sum - Vendor will be paid the unit price of as established in the Bid Sheet for the Vendor's performance of this Agreement subject to additions and deductions agreed by Waterworks and Vendor. If applicable, payments will be made monthly based on the amount of materials or equipment serviced and invoiced by Vendor. The equipment stated in the Bid Sheet is based upon existing equipment and is for reference only and does not bind Waterworks to a specific piece of equipment being serviced. (b) (c) Request for Payment - Vendor will send an invoice to Waterworks for materials, equipment or services rendered. Submission of an invoice by Vendor is a representation that the materials or equipment invoiced have been delivered in accord with the terms of this Agreement and that the materials or equipment delivered meet the specifications for the service of materials or equipment delivered. Payment by Waterworks does not imply that the materials, equipment or services rendered - invoiced meet applicable specifications or that the amount of materials, equipment or services rendered invoiced has been received by Waterworks. Waterworks reserves the right to test the materials or equipment received for specification compliance. 20 of 27

21 4.01 INSURANCE REQUIREMENTS - Vendor is responsible for procuring and maintaining insurance coverage for the following claims: (a) (b) (c) (d) (e) (f) (g) Claims for workers' compensation, which will be in the amount required by the laws of the State of Texas; Claims by Vendor's employees for bodily injury, sickness, disease, or death; Claims by any person other than Vendor's employees for bodily injury, sickness, disease, or death; Claims for personal injury sustained by any person as a direct or indirect result of Vendor's employment of the person or sustained by any other person; Claims for damage to property (other than the work) because of injury to or destruction of tangible property, including loss of use; Claims for damages for personal injury, death, or property damage resulting from Vendor's use and/or maintenance of any motor vehicle; and Claims for contractual liability arising from Vendor's obligations under this Agreement Vendor will, at its expense, purchase and maintain insurance on all of its operations including the following: (a) (b) Comprehensive General Liability: $1,000,000 each occurrence, $1,000,000 aggregate coverage $1,000,000 for products and completed operations Commercial Automobile Liability $500,000 each occurrence, $500,000 aggregate coverage 4.03 All insurance coverage will be occurrence coverage and will be with an insurance carrier rated A-1 or better in the most current edition of A.M. Best's ratings guides Certificates of Insurance (a) (b) Vendor will provide Waterworks with Certificates of Insurance before commencing work on the Project or delivering materials or equipment, as applicable. The Certificates will provide that no coverage will be canceled, renewal refused, or materially changed for the duration of this Agreement unless at least thirty days prior written notice is given to Waterworks Vendor will be responsible for any delay caused by failure to provide the required insurance and will not be entitled to any extensions of time for any such delay. 21 of 27

22 4.06 Waiver of Subrogation - Waterworks and Vendor waive all rights against each other for damages caused by perils to the extent such perils are covered by insurance, except such rights as they may have to the insurance proceeds Waiver of Subrogation Endorsement - Vendor will require the insurance policies provided pursuant to this agreement to contain a provision waiving subrogation, whether in the policy or by endorsement WARRANTIES (a) (b) Vendor warrants that all materials or equipment serviced by Vendor will be delivered in a good and workmanlike manner in compliance with all applicable statutes, regulations, industry standards, and applicable codes. With regard to materials or equipment serviced, Vendor warrants that: (1) All materials or equipment serviced will be paid for in accord with the terms for the purchase of the materials or equipment from the provider and that the materials or equipment will be free of the rightful claim of any provider or other third person; (2) All materials or equipment serviced will meet or exceed the requirements of this Agreement including all applicable statutes, regulations, industry standards, and applicable codes; (3) All materials or equipment serviced will be merchantable with respect to goods of that kind as defined by 2.314, Texas Business & Commerce Code; and (4) All materials or equipment serviced will be suitable and fit for their intended purpose in compliance with 2.315, Texas Business & Commerce Code. (c) (d) (e) Vendor hereby assigns to Waterworks any warranty for any materials or equipment serviced by the manufacturer and/or provider of such materials or equipment, which assignment is in addition to Vendor's warranties set forth herein. Vendor will provide to Waterworks the name and address of each manufacturer and provider of materials or equipment specifying which materials or equipment have been manufactured or provided by the person or entity named. Vendor warrants its work and the materials or equipment serviced included in the Project for a period of eighteen (18) months from the date of delivery TERMINATION OR SUSPENSION (a) Waterworks may terminate this Agreement when, in the sole opinion of Waterworks, there has been significant noncompliance with this Agreement. 22 of 27

23 (b) (c) In lieu of termination of this Agreement, Waterworks may, in its sole discretion, elect to order delivery of materials or equipment suspended until deficiencies in the materials or equipment are corrected. If, after suspension of delivery, Waterworks, in its sole discretion, determines that deficiencies are not being corrected, Waterworks may terminate this Agreement. A decision by Waterworks to terminate the Agreement is not subject to the dispute resolution process set forth in Paragraph RESOLUTION OF DISPUTES (a) (b) (c) In the event a dispute arises, except a decision by Waterworks to terminate the Agreement, delivery of materials or equipment will continue to the extent possible. In the event of a dispute that cannot be resolved between the parties, the parties agree to select a mediator to assist in resolving the dispute. Each party to the mediation will pay an equal share of the cost of the mediation. In the event the dispute cannot be resolved by mediation, the parties may agree to a binding or nonbinding arbitration or may choose to litigate the dispute. Each party to an arbitration proceeding will pay an equal share of the cost INDEMNIFICATION (A) VENDOR SHALL INDEMNIFY AND HOLD HARMLESS WATERWORKS, THE CITY OF HARLINGEN, THEIR AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, COMMISSIONERS, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS, OR EXPENSES ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE WORK TO BE PERFORMED, EQUIPMENT PROVIDED, OR MATERIALS OR EQUIPMENT DELIVERED THAT IS: (1) ATTRIBUTABLE TO ANY BODILY OR PERSONAL INJURY, SICKNESS, DISEASE, OR DEATH OF ANY PERSON; (2) ATTRIBUTABLE TO ANY DAMAGE OR INJURY TO OR DESTRUCTION OF REAL OR PERSONAL PROPERTY INCLUDING THE LOSS OF USE THEREOF; AND (3) CAUSED IN WHOLE OR PART BY ANY NEGLIGENCE, STRICT LIABILITY, OR OTHER ACT OR OMISSION OF: (a) VENDOR AND ANY SUPPLIER OR THEIR RESPECTIVE AGENTS, REPRESENTATIVES, EMPLOYEES AND/OR 23 of 27

24 (b) WATERWORKS AND/OR THE CITY OF HARLINGEN AND THEIR AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, COMMISSIONERS, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, AND REPRESENTATIVES OR ANY OTHER PARTY FOR WHOM THEY MAY BE LIABLE REGARDLESS OF WHETHER SUCH LIABILITY IS CAUSED IN WHOLE OR PART BY THE NEGLIGENCE, STRICT LIABILITY, OR OTHER ACT OR OMISSION OF THE PARTIES SO INDEMNIFIED. (B) THIS INDEMNIFICATION OBLIGATION SHALL NOT BE LIMITED IN WAY BY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE UNDER ANY WORKERS' COMPENSATION ACT, LIABILITY BENEFIT ACTS, OR OTHER EMPLOYEE BENEFIT ACTS 9.01 NOTICES (a) (b) (c) Any notice required by this agreement will be given at the address or telephone facsimile number shown above. Notices sent by mail will be deemed delivered when received. Notices sent by telephone facsimile will be deemed delivered when received except that facsimile notices sent after 5:00 p.m. at the location of the recipient will be deemed delivered the following business day GENERAL PROVISIONS (a) (b) (c) (d) (e) Construction and Place of Performance - This Agreement will be construed under and in accord with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in Cameron County, Texas. Execution of Other Instruments - The Parties hereto agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate this Agreement. Paragraph Headings - The paragraph headings used in this Agreement are for convenience only and are not to be considered in construing its terms. Parties and Successors Bound - This Agreement will be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns, as may be applicable. Prior Agreements - This Agreement supersedes any prior understandings or written or oral agreements between the Parties with respect to the subject matter of the Agreement and contains the entire Agreement between the Parties as of the date of its execution. 24 of 27

25 (f) Modification - This Agreement may be modified only in writing subscribed by the Parties hereto. The Parties hereby execute this Agreement as of the date first set forth by the signatures of their duly authorized representatives: HARLINGEN WATERWORKS SYSTEM By: Name: Title: Date: By: Name: Timothy E. Skoglund, P.E. Title: General Manager Date: THIS AGREEMENT CONTAINS AN INDEMNIFICATION PROVISION 25 of 27

26 EXHIBIT A SPECIFICATIONS FOR A TWELVE-MONTH SERVICE CONTRACT FOR THE REPAIR OF GEAR BOX / MIXER DRIVES THIS AGREEMENT by and between the City of Harlingen Waterworks System, hereinafter referred to as "Waterworks," and, hereinafter referred to as "Vendor," evidences the following: I. GENERAL a. This request for bids is for the REPAIR OF GEAR BOX / MIXER DRIVES. These specifications are intended to describe what is expected from the Vendor. b. The Vendor must have a minimum of Twenty (20) years of experience in this type of work. c. The Waterworks will remove and deliver gear box/mixer drive to Vendor s repair shop and Vendor will unload gear box/mixer drive when and if Vendor s repair shop is located within a 50 mile radius, otherwise the Vendor will have to provide for delivery. d. Vendor will repair gear box/mixer drive utilizing OEM replacement parts. e. Vendor will oversee installation of repaired gear box/mixer drive and test gear box/mixer drive before put into continuous use. f. Waterworks will pick up gear box/mixer drive and install gear box/mixer drive after repairs are made when and if Vendor s repair shop is located within a 50 mile radius; otherwise the Vendor will have to provide for delivery. g. The Vendor is required to provide the Waterworks with a Scope of Work and estimate before any work is done. The Scope of Work needs to include a schedule of service and delivery time frame. h. At a minimum, Vendor is expected to do but not limited to: 1. Perform a vibration test onsite. 2. Uninstall and pick up rotating equipment if gear box/mixer drive is not operating properly after repairs. 3. Check alignment run out. 4. Provide equipment roundtrip transportation of gear box/mixer drive between Waterworks facilities and repair shop if repaired gear box/mixer drive is not operating properly after initial repairs are made. 5. Replace bearings. 6. Replace sleeves. 7. Replace bushings. 8. Replace mechanical seals and/ or packing. 9. Replace all gaskets. 26 of 27

27 10. Replace wear rings. 11. Replace O-rings. 12. Replace or build-up and re-machine shafts. 13. Clean up, sand blast, and re-coat gear box/mixer drive housing. 14. Build up and restore gear box/mixer drive housing to match manufacturer s specifications. 15. Manufacture gears or parts if necessary. 16. Replace damaged or worn gears i. If gear box/mixer drive repairs are not cost effective once a gear box/mixer drive is inspected by Vendor, and it is necessary to replace the affected gear box/mixer drive with a new one, then the Waterworks, may seek proposals for a new gear box/mixer drive. J. TIME IS OF THE ESSENCE a. Having operable equipment is critical to the mission of Waterworks. When a piece of equipment becomes inoperable it puts a strain on the remaining equipment and Waterworks will not be able to operate at maximum efficiency to meet the needs of its customers. During the time between removal and receipt of the repaired equipment Waterworks is vulnerable to having a shut down if other remaining equipment fails. b. Therefore time is of the essence that the repair of equipment occurs in a timely manner. Supplier shall work with due diligence to quote Waterworks the cost and time frame it will take to repair the equipment within 48 hours of receipt of the inoperable equipment. Once a PO has been issued due diligence must occur to repair it and return to Waterworks as soon as feasibly possible 27 of 27