HARLINGEN WATER WORKS SYSTEM BID NO BID SPECIFICATIONS FOR A TWELVE (12) MONTH SUPPLY CONTRACT FOR THE PURCHASE OF PIPE, VALVES, AND FITTINGS

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1 HARLINGEN WATER WORKS SYSTEM BID NO BID SPECIFICATIONS FOR A TWELVE (12) MONTH SUPPLY CONTRACT FOR THE PURCHASE OF PIPE, VALVES, AND FITTINGS Bid Due Date & Time: Tuesday, July 24, 2018 by 2:00pm Page 1 of 33

2 Harlingen Water Works System TABLE OF CONTENTS Invitation To Bid... 3 Bid Advertisement... 4 Instructions To Bidders Acknowledgement Of Addendum Ethics Statement Form 1295 Certificate Of Interested Parties Conflict Of Interested Parties Certificate W-8 Form W-9 Form...19 Certification And Authorization Of Bid 20 Vendor Agreement APPENDIX A. Pipe, Valve, Fittings Bid Proposal Form (Excel File) INVITATION TO BID 2

3 Date: June 13, 2018 Dear Bidder: The Harlingen Waterworks System invites you to submit a bid for: A TWELVE (12) MONTH SUPPLY CONTRACT FOR THE PURCHASE OF PIPE, VALVES AND FITTINGS Detailed specifications and bid forms may be obtained at the HWWS Purchasing Office, 114 North L St, during regular business hours or at our website, The bids must be received in the Purchasing Manager s office located at 114 North L Street, Harlingen TX by 2:00 P.M., Tuesday, July 24, No late bids will be accepted. We request that you carefully read the Instructions to Bidders which are enclosed. Questions concerning this Bid Packet must be made in writing, no phone calls please, via or fax to: Name: Sanjuana Garcia Title: Purchasing Manager sjgarcia@hwws.com Phone: (956) Fax: (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

4 BID ADVERTISEMENT Sealed proposals will be received by the Harlingen Waterworks System at the office of the Purchasing Agent, 114 N L St, Harlingen Texas until 2:00 P.M. on Tuesday, July 24, 2018 at which time they will be opened and read aloud on the following: BID NO A TWELVE (12) MONTH SUPPLY CONTRACT FOR THE PURCHASE OF PIPE, VALVES AND FITTINGS Respondents receiving an INVITATION TO BID notice in the mail or reading same in the newspaper may obtain Proposal Forms and Instructions to Bidders by contacting the office of: Purchasing Agent, 114 N L St, Harlingen, TX Phone (956) sjgarcia@hwws.com Questions concerning this project may be directed to the above named via , or phone. Potential Bidders are advised that the bidding documents may be downloaded from the Harlingen Waterworks System web page address: 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 sixty (60) days without taking action, and accept the bid to be the best and most advantageous to the HWWS. Sealed envelopes must be clearly marked: SEALED BID NAME OF COMPANY BIDDING TWELVE (12) MONTH SUPPLY CONTRACT FOR PIPE VALVE AND FITTINGS 2:00 P.M. on Tuesday, July 24,

5 INSTRUCTIONS TO BIDDER Please read your specifications thoroughly and be sure that the PIPE, VALVES, AND FITTINGS 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. 1. THE BID a. Competitive formal bids will be received for: A TWELVE (12) MONTH SUPPLY CONTRACT FOR PIPE VALVE AND FITTINGS in the Office of the Purchasing Agent at 114 North L Street Harlingen, Texas until: 2:00 P.M. on Tuesday, July 24, No late bids will be accepted. b. Please read the specifications thoroughly and be sure that the TWELVE (12) MONTH SUPPLY CONTRACT FOR PIPE VALVE AND FITTINGS offered complies 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. 2. DESCRIPTION a. The PIPE, VALVES, AND FITTINGS to be furnished under this proposal shall be the type specified. All HWWS item numbers with an 800 prefix shall comply with Senate Bill S.3874, reduction of lead in drinking water act. All specifications shown are the minimum. There is no intention to disqualify any bidder who can meet these specifications. b. Shipments will be on an as needed basis with a Purchase Order. HARLINGEN WATERWORKS SYSTEM WILL NOT ACCEPT ONE FULL SHIPMENT FOR THE QUANTITIES OF ITEMS AWARDED. 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 Appendix A, Bid Sheet Form. A CD or DVD must also accompany your bid with an Excel file of Appendix A, Bid Sheet Form, filled in. All the requested information for each section must be filled in clearly and completely to avoid possible disqualification of the bid submitted, no partial bids will be accepted. 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. If during the performance of this contract, the price of Pipe, Valves, and Fittings significantly increases/decreases, through no fault of contractor, the price of Pipe, Valves, and Fittings under 5

6 this agreement shall be equitably adjusted by an amount reasonably necessary to cover any such significant price increases/decreases. As used herein, a significant price increase/decrease shall mean any increase/decrease in price exceeding four percent (4%) experienced by contractor from the date of the contract signing. Such price increases/decreases shall be documented through quotes, invoices, or receipts. Pricing will be reviewed on a quarterly basis and will be adjusted accordingly. ALL PRICE INCREASES REQUIRE A 30 DAY PRIOR NOTICE BEFORE TAKING EFFECT. 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 TWELVE (12) MONTH SUPPLY CONTRACT FOR PIPE VALVE AND FITTINGS. 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 HWWS Purchasing Agent listed on page three (3) 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 HWWS as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products, or processes are used. i. PIPE, VALVES, AND FITTINGS being bid must meet the latest American Water Works Association (AWWA), Texas Commission of Environmental Quality (TCEQ) Standard and must conform to the American National Standards Institute/National Sanitation Foundation Requirements. 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 HWWS 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. All bid items will be evaluated and awarded by SECTION OR IN ANY COMBINATION THEREOF WHICHEVER IS IN THE BEST INTEREST OF HARLINGEN WATER WORKS SYSTEM. d. 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 HWWS needs. 6

7 vi. The bidder s past relationship with the HWWS. vii. Delivery terms. viii. Payment terms. ix. Availability of product or service. x. The total long-term cost to the HWWS to acquire the bidder s goods or services. xi. Any relevant criteria specifically listed in this request for bid. xii. Vendor s safety record. b. HWWS reserves the right to waive or take exception to any part of these specifications when in the best interest of the HWWS. c. HWWS is a member of Texas Buy Board, TXMAS, National Joint Powers Alliance (NJPA), US Communities, HGAC, and National IPA cooperative purchasing groups. Please quote based on the most advantageous pricing available. 7. SUBMISSION OF BID Bids will be submitted in sealed envelopes upon the Appendix A, Bid Sheet Form. A CD or DVD must also accompany your bid with an Excel file of Appendix A, Bid Sheet Form, filled in. Each bid section must be completely filled in for consideration of award. Your Bid must be filed with the Harlingen Waterworks System before opening day and hour. No late bids will be accepted. The sealed Bid Envelope must include the following Bid Documents. Failure to comply with these bid requirements may disqualify bidder: a. Appendix A Bid Proposal Form hard copy b. Electronic copy of Appendix A Bid Proposal Form on CD or DVD c. Acknowledgement of Addendum d. Certification And Authorization of Bid e. Ethics Statement f. Conflict of Interest g. Certificate of Interested Parties h. W9 or W8 Tax Identification Form i. Three (3) executed (signed) originals of the Vendor Agreement j. The sealed Bid Envelope must be clearly marked as follows: SEALED BID NAME OF COMPANY BIDDING TWELVE (12) MONTH SUPPLYCONTRACT FOR PIPE VALVE AND FITTINGS 2:00 P.M. on Tuesday, July 24, 2018 k. The Harlingen Waterworks System may consider as irregular, any bid on which there is an alteration 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 may be rejected. 7

8 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. 11. UNIT PRICE a. 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) destination full freight allowed in this project. Bid in units as specified, extend and show total (as requested). The quantities stated in the Bid Sheet are representative samples of items purchased in previous years. Quantities are for reference only and do not bind HWWS to any quantity. Pricing shall be based on the best Governmental or Cooperative pricing available. In the event of discrepancies in extension, unit prices will govern. Bids subject to unlimited price increase will not be considered. HWWS shall honor only the unit prices stated on the Bid Sheet Form. Therefore, it should incorporate any and all costs at time of submittal. b. Shipments will be on an as needed basis with a Purchase Order. Harlingen Waterworks System will not accept one full shipment for the quantities of items awarded. 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 IRS 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 HWWS, 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 8

9 The geographical location(s) of bidder's facilities will be given due consideration in the evaluation and award of bid. All sections (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. TERMS & CONDITIONS 19. PROVIDER PERFORMANCE HWWS 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, HWWS may award contract to the Bidder whose bid is considered to be the next best and advantageous to the HWWS. 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 adequate supplies is critical to the mission of HWWS. HWWS requires a delivery time of 5 Days from receipt of order to operate at maximum efficiency to meet the needs of its customers. b. Therefore time is of the essence that the delivery of items ordered occurs in a timely manner. 21. CONTRACT TERM The TWELVE (12) MONTH SUPPLY CONTRACT FOR PIPE VALVE AND FITTINGS shall commence on October 1, 2018 and expire on September 30, ORDERING, SHIPPING, HANDLING AND DELIVERY OF PRODUCT a. TWELVE (12) MONTH SUPPLY CONTRACT FOR PIPE VALVE AND FITTINGS shall be procured on an as needed basis and invoiced accordingly. b. It is emphasized that the HWWS does not guarantee to procure any specific quantity of items listed during the period of this contract; rather, the quantities may vary depending upon the actual needs of the HWWS. c. 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 HWWS. d. If delay can be foreseen, Supplier/Contractor shall give prior notice to HWWS. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the HWWS to acquire service for TWELVE (12) MONTH SUPPLY 9

10 CONTRACT FOR PIPE VALVE AND FITTINGS elsewhere and charge increase in cost and handling to defaulting bidder. e. 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).all deliveries shall be coordinated by the supplier/contractor to the locations designated by the ordering HWWS personnel at time of order. f. Pick up and Deliveries will only be accepted Monday through Friday, between the hours of 8:00 a.m. 12:00 noon and 1:00 p.m. to 4:00 p.m. g. All delivery tickets must be signed by the receiving HWWS employee and have a description of the goods delivered. 23. INVOICING All invoices must be submitted itemized as to the quantity of each item delivered, description of the items, and applicable discount (if any). In addition, invoices must show the Location Address to which the material was delivered, and the HWWS Purchase Order Number. 24. PAYMENT Payment shall be made after the HWWS has approved the invoice or after HWWS has accepted the goods, whichever occurs later. HWWS 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 HWWS, 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 HWWS, at its option, upon thirty (30) days written notice. If the goods 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 HWWS 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. 10

11 HARLINGEN WATER WORKS SYSTEM ACKNOWLEDGEMENT OF ADDENDUM BID NO FOR TWELVE (12) MONTH CONTRACT FOR THE PURCHASE OF PIPE, VALVES AND FITTINGS 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 Printed Name: Title: Company Name: Address: Date: Respectfully submitted by, 11

12 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: Date (Signature) TYPE/PRINT NAME: TITLE: COMPANY NAME: MAILING ADDRESS: CITY, STATE, & ZIP CODE: TELEPHONE NO.: ADDRESS FEDERAL ID# AND/OR S/S #: FAX NO.: 12

13 Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill Filing Process: Staring on January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract. The governmental entity or state agency must notify the commission, using the commission s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. Information regarding how to use the filing application will be available on this site starting on January 1,

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15 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 HWWS; or ii. Responding to a Request for Proposal, Invitation to Bid, or a correspondence or other writing related to a potential agreement with HWWS. 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 HWWS. The CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ) is to be completed and submitted to HWWS Purchasing Agents Office, located at 114 North L Street, Harlingen, Texas COMPLETION AND SUBMISSION OF FORM CIQ ARE THE SOLE RESPONSIBILITY OF THE PROSPECTIVE RESPONDENT 15

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20 CERTIFICATION AND AUTHORIZATION OF BID FOR A TWELVE (12) MONTH SUPPLY CONTRACT FOR PIPE, VALVES AND FITTINGS HARLINGEN WATERWORKS SYSTEM BID NO 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. All items will be evaluated and awarded by SECTION OR IN ANY COMBINATION THEREOF. DELIVERY DATE: Must be within five (5) working days from date of purchase order. These bid prices include all materials and delivery of such as set forth in the attached Instructions to Bidder and Special Conditions. This Agreement shall be for a period of one (1) year. Shipments will be on an As Needed basis. Harlingen Waterworks System will not accept one full shipment of quantities awarded. I have read and agree to comply with all of these requirements. Respectfully submitted this day of, COMPANY NAME: REPRESENTATIVE: (Signature) TYPE/PRINT NAME: TITLE: MAILING ADDRESS: CITY, STATE, & ZIP CODE: TELEPHONE NO.: FAX NO.: ADDRESS:

21 HARLINGEN WATER WORKS SYSTEM VENDOR AGREEMENT FOR THE PURCHASE OF PIPE, VALVES, AND FITTINGS THIS AGREEMENT by and between the Harlingen Waterworks System, hereinafter referred to as "HWWS," and, hereinafter referred to as "Vendor," evidences the following: 1.01 PARTIES - The parties to this Agreement are: (a) Harlingen Waterworks System, a department of the City of Harlingen, Texas, a municipal corporation Physical Address: Address Mail To: 114 N. L Street P.O. Box 1950 Harlingen, Texas Harlingen, Texas Phone: (956) Fax: (956) (b) HWWS Authorized Representative: Timothy E. Skoglund, P.E. General Manager Phone: (956) (c) Vendor: (d) Subject of Agreement:

22 (e) Vendor Authorized Representative: Phone: (xxx) (f) The Vendor s complete name is required. (g) A street address is required. 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 HWWS. 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 HWWS with the materials or equipment described as follows: (a) According to Technical Specifications attached hereto as Exhibit A; and (b) The Bid Proposal, Bid Form, Quotes and Special Conditions, if any. (c) This Vendor Agreement, Bid Proposal, and all documents in the Bid Packet, if any, are the contract documents. (d) At HWWS' request, Vendor will provide: (1) factual information as to the existence and financial stability of Vendor; (2) a list of other municipalities being served by Vendor; and

23 2.01 CONTRACT DATES This Agreement shall commence on October 1, 2018 and expire on September 30, PAYMENT TO VENDOR (a) Contract Sum - Vendor will be paid the total sum of $XX for the Vendor's performance of this Agreement subject to additions and deductions agreed by HWWS and Vendor. If applicable, payments will be made monthly based on the amount of materials or equipment delivered and invoiced by Vendor. (b) If during the performance of this contract, the price of Pipe, Valves, and Fittings significantly increases/decreases, through no fault of contractor, the price of Pipe, Valves, and Fittings under this agreement shall be equitably adjusted by an amount reasonably necessary to cover any such significant price increases/decreases. As used herein, a significant price increase/decrease shall mean any increase/decrease in price exceeding four percent (4%) experienced by contractor from the date of the contract signing. Such price increases/decreases shall be documented through quotes, invoices, or receipts. Pricing will be reviewed on a quarterly basis and will be adjusted accordingly. ALL PRICE INCREASES REQUIRE A 30 DAY PRIOR NOTICE BEFORE TAKING EFFECT. (c) Request for Payment - Vendor will send an invoice to HWWS by the 10th of the month for materials or equipment delivered the preceding calendar month. 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 type of materials or equipment delivered. (d) Payment by HWWS does not imply that the materials or equipment invoiced meet applicable specifications or that the amount of materials or equipment invoiced has been received by HWWS. HWWS reserves the right to test the materials or equipment received for specification compliance and quantity delivered.

24 4.01 INSURANCE REQUIREMENTS - Vendor is responsible for procuring and maintaining insurance coverage for the following claims: (a) Claims for workers' compensation, which will be in the amount required by the laws of the State of Texas; (b) Claims by Vendor's employees for bodily injury, sickness, disease, or death; 4.02 Vendor will, at its expense, purchase and maintain insurance on all of its operations including the following: (a) Comprehensive General Liability: $1,000,000 each occurrence, $1,000,000 aggregate coverage $1,000,000 for products and completed operations (b) 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) Vendor will provide HWWS with Certificates of Insurance before delivering materials or equipment. (b) 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 HWWS.

25 5.01 WARRANTIES (a) Vendor warrants that all materials or equipment supplied by Vendor will be delivered in a good and workmanlike manner in compliance with all applicable statutes, regulations, industry standards, and applicable codes. (b) With regard to materials or equipment provided, Vendor warrants that: (1) All materials or equipment 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 will meet or exceed the requirements of this Agreement including all applicable statutes, regulations, industry standards, and applicable codes; (3) All materials or equipment 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 will be suitable and fit for their intended purpose in compliance with 2.315, Texas Business & Commerce Code. (c) Vendor hereby assigns to HWWS any warranty for any materials or equipment provided by the manufacturer and/or provider of such materials or equipment, which assignment is in addition to Vendor's warranties set forth herein. (d) Vendor will provide to HWWS 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.

26 6.01 TERMINATION OR SUSPENSION (a) HWWS may terminate this Agreement when, in the sole opinion of HWWS, there has been significant noncompliance with this Agreement. (b) In lieu of termination of this Agreement, HWWS 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, HWWS, in its sole discretion, determines that deficiencies are not being corrected, HWWS may terminate this Agreement. (c) A decision by HWWS to terminate the Agreement is not subject to the dispute resolution process set forth in Paragraph RESOLUTION OF DISPUTES (a) In the event a dispute arises, except a decision by HWWS to terminate the Agreement, delivery of materials or equipment will continue to the extent possible. (b) 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. (c) 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 HWWS, 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

27 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 (b) HWWS 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) Any notice required by this agreement will be given at the address or telephone facsimile number shown above.

28 (b) Notices sent by mail will be deemed delivered when received. (c) 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) 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. (b) 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. (c) Paragraph Headings - The paragraph headings used in this Agreement are for convenience only and are not to be considered in construing its terms. (d) 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. (e) 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. (f) Modification - This Agreement may be modified only in writing subscribed by the Parties hereto.

29 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: By: Name: Name: Timothy E. Skoglund, P.E. Title: Title: General Manager Date: Date: THIS AGREEMENT CONTAINS AN INDEMNIFICATION PROVISION

30 SPECIAL CONDITIONS FOR A SUPPLY CONTRACT FOR THE PURCHASE OF PIPE, VALVES, AND FITTINGS Please read your specifications thoroughly and be sure that the PIPE, VALVES, AND FITTINGS offered complies with all requirements. All HWWS item numbers with an 800 prefix shall comply with Senate Bill S.3874, reduction of lead in drinking water act. Any variations from the specifications must be clearly indicated with each item specification, attached to and made a part of your bid on the proposal form Appendix A. If no exceptions are noted and you are the successful bidder, it will be required that PIPE, VALVES, AND FITTINGS be furnished as specified. MINIMUM REQUIREMENTS TERMS OF CONTRACT The terms of the Contract for furnishing PIPE, VALVES, AND FITTINGS shall be for a ONE (1) year period. During this period, Purchase Orders will be issued for items, as needed. The terms and conditions of the two shall govern. Supplier/Contractor will not perform against this Contract without first having received an official HWWS Purchase Order. It is emphasized that HWWS does/do not guarantee to purchase any specific quantity of any item listed during the period of this contract; rather, the quantities may vary depending upon the actual needs of the Waste Water Collection. PURPOSE The purpose of these specifications is to select and purchase PIPE, VALVES, AND FITTINGS. INTENT All specifications shown are a minimum. There is no intention to disqualify any Bidder who can meet these specifications. MATERIALS Each shipment of PIPE VALVES AND FITTINGS shall meet the minimum specified requirements set by TCEQ. Any content below said minimum shall be considered a breech of contract. PROVIDER PERFORMANCE HWWS require(s) Supplier(s)/Contractor(s) of these services to meet all specifications. In the event the Supplier/contractor is unable to provide all specified obligations of this Contract,

31 HWWS may award contract to the next lower Bidder. Supplier/Contractor must also provide proper training, acceptable to City of Harlingen, in the application and handling of materials. SHIPPING, HANDLING AND DELIVERY All deliveries shall be coordinated by the supplier/contractor to the locations designated by the ordering HWWS personnel at time of order. Deliveries will only be accepted during business operating hours of Monday-Friday between the hours of 8:00 am to 5:00 pm. or at another time agreed upon in advance by HWWS. The Bidder shall verify the equipment requirements prior to submittal of bids and ensure ability to deliver the proposed material in a vehicle, which is compatible with the existing unloading system. The vendor agrees to assure that his/her carrier has all appropriate equipment such as tools, hoses, valves and suitable hydraulic or electrical devices capable of insuring a timely unloading as not to interrupt the normal operation HWWS. The Supplier/Contractor agrees to make deliveries only upon receipt of duly signed and approved Purchase Order(s) issued by the HWWS. Delivery(ies) without such Purchase Order shall be at Bidder s risk and shall leave the HWWS the option of canceling any Contract implied or expressed herein. Supplier/Contractor shall guarantee to assure that either his/her own carrier or any common carrier used shall be covered by all appropriate insurance required by any and all State and Federal agencies for the transportation of hazardous chemicals. The Supplier/Contractor shall further guarantee to assure that all vehicles are properly placarded and/or labeled and suitably maintained and equipped for the transportation of hazardous chemicals. INVOICING All invoices must be submitted in duplicate, itemized as to quantity, part number, description, and applicable discount (if any). In addition, invoices must show the name of the Department, Division or Section to which the merchandise was delivered, and the HWWS Purchase Order Number. All delivery tickets must be signed by the receiving employee and have a description of the commodity delivered. PAYMENT Payment shall be made after the HWWS has approved the invoice or after HWWS has accepted the goods, whichever occurs later. HWWS agrees that the terms of this contract and all rights otherwise reserved by law, shall constitute the sole, controlling contract terms. INDEMNIFICATION SUPPLIER/CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS HWWS, ITS AFFILIATES, SUBSIDIARIES, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES,

32 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. TERMINATION OF AGREEMENT The contract may be terminated by the HWWS, at its option, upon thirty (30) days written notice, if the materials 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.

33 APPENDIX A: Excel File: Pipe, Valve, and Fittings BID Bid Sheet Must be returned in hardcopy and on a CD Page 33 of 33