Water & Sewer Inv MORRISON 5847-Award/Ordinance/Pricing
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Granicus #
Ordinance #
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5847
3/1/2016
RFP
Water & Sewer Inventory Items
Rebecca Hunter
RFP 5847
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
ANNUAL SUPPLY OF WATER & SEWER INVENTORY (5847 )
THIS CONTRACT is made and entered into this date _______________________, by
and between MORRISON SUPPLY COMPANY, LLC., a corporation, whose address is 311 E.
VICKERY BLVD., FORT WORTH, TX 76104, hereinafter referred to as "Supplier," and the
CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as
"City," to be effective upon approval of the Denton City Council and subsequent execution of
this Contract by the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products in accordance with the City’s RFP #5847 ANNUAL
SUPPLY OF WATER & SEWER INVENTORY, a copy of which is on file at the office of
Purchasing Agent and incorporated herein for all purposes. The Contract consists of thi s written
agreement and the following items which are attached hereto, or on file, and incorporated herein
by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Denton’s RFP 5847 (Exhibit “B” on file at the office of the Purchasing
Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit “C”);
(d) Certificate of Interested Parties Electronic Filing (Exhibit “D”);
(e) Supplier’s Proposal. (Exhibit "E");
(f) Form CIQ – Conflict of Interest Questionnaire (Exhibit "F")
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to the written agreement then to the contract documents in the order in which
they are listed above. These documents shall be referred to collectively as “Contract
Documents.”
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IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
SUPPLIER
BY:
AUTHORIZED SIGNATURE
Date:
Name:
Title:
PHONE NUMBER
FAX NUMBER
___________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY BY: _____________________________
GEORGE C. CAMPBELL, CITY MANAGER
BY: __________________________________ Date:________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _______________________________
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903-893-4873
Derek Hicks
Branch Manager
903-771-8782
100016328
02/24/2016
4/18/2016
RFP 5847
Exhibit A
Special Terms and Conditions
The Quantities indicated on Exhibit E are estimates based upon the best available information.
The City reserves the right to increase or decrease the quantities to meet its actual needs without
any adjustments in the bid price. Individual purchase orders will be issued on an as needed
basis.
Product Changes During Contract Term
The supplier shall not change specifications during the contract term without prior approval.
Any deviation in the specifications or change in the product must be approved in advance by the
City of Denton. Notice of a change shall be submitted in writing to
dentonpurchasing@cityofdenton.com, with the above file number in the subject line, for review.
Products found to have changed specifications without notification, and acceptance, will be
returned at the supplier’s expense. Products that have been installed will be replaced at the
supplier’s expense.
Authorized Distributor
The supplier shall be the manufacturer or authorized distributor of the proposed products. The
distributor shall be authorized to sell to the City of Denton, and make available the
manufacturer’s representative as needed by the City.
Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional two (2) one-year periods.
The contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton,
the contract may be further extended as needed, not to exceed a total of six (6) months.
Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment annually. The
escalation/de-escalation will be based upon manufacturer published pricing sheets to the vendor.
The price will be increased or decreased based upon the annually percentage change in the
manufacturer’s price list. The price adjustment will be determined quarterly from the award
date. Should the change exceed or decrease a minimum threshold value of +/-1%, then the stated
eligible bid prices shall be adjusted in accordance with the published price change. It is the
supplier or the Cities responsibility to request a price adjustment annually in writing. If no
request is made, then it will be assumed that the bid price will be in effect. The supplier must
submit or make available the manufacturers pricing sheet used to calculate the bid
proposal, to participate in the escalation/de-escalation clause.
Total Contract Amount
The contract total shall not exceed $975,000. Pricing shall be per Exhibit E attached.
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Delivery Lead Time
Product shall be delivered to the City per the days/weeks noted in Exhibit E after receipt of the
order.
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Exhibit C
City of Denton
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or
Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any
deviations must be in writing and signed by a representative of the City’s Procurement
Department and the Supplier. No Terms and Conditions contained in the seller’s proposal
response, invoice or statement shall serve to modify the terms set forth herein. If there is a
conflict between the provisions on the face of the contract/purchase order these written
provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be
performed principally at the City’s premises or on public rights-of-way.
1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract
shall be effective as of the date the contract is si gned by the City, and shall continue in effect
until all obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list
showing the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d)
the number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or
weight shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
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5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to
include all delivery and transportation charges. The City shall hav e the right to designate what
method of transportation shall be used to ship the deliverables. The place of delivery shall be that
set forth the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non -conforming deliverables. If the
City has the right to inspect the Contractor’s, or the Contractor’s Subcontr actor’s, facilities, or
the deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor
shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and
assistance to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of
deliverables must fully comply with all provisions of the Contract as to time of delivery, quality,
and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not
have the right to substitute a conforming tender; provided, where the time for performance has
not yet expired, the Contractor may notify the City of the intention to cure and may then make a
conforming tender within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City’s service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which
could in any way affect performance of the Contractor’s obligations under the contract. The
Contractor hereby releases and holds the City harmless from and against any liability or claim
for damages of any kind or nature if the actual site or service conditions differ from expected
conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their
employees, City Staff, participants and others on or near the City’s facilities.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
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except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment
verification and retention of verification forms for any individuals hired on or after November 6,
1986, who will perform any labor or services under the Contract and the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration
(OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor
shall indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable
standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C.
§7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et
seq.).
12. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by t he City, a
separate invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department’s Name,
and the name of the point of contact for the Department. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading and the
freight waybill, when applicable, shall be attached to the invoice. The Contractor’s name,
remittance address and, if applicable, the tax identification number on the invoice must exactly
match the information in the Vendor’s registration with the City. Unless otherwise instructed in
writing, the City may rely on the remittance address specified on the Contractor’s invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
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E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid
within thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being
received in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or
the maximum lawful rate; except, if payment is not timely made for a reason for which the
City may withhold payment hereunder, interest shall not accrue until ten (10) calendar
days after the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City’s agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor’s obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with
all required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding.
The City’s payment obligations are payable only and solely from funds Appropriated and
available for this contract. The absence of Appropriated or other lawfully available funds shall
render the Contract null and void to the extent funds are not Appropriated o r available and any
deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the
Contractor written notice of the failure of the City to make an adequate Appropriation for any
fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to
an amount insufficient to permit the City to pay its obligations under the Contract. In the event of
none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to
the City.
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14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the
term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the
performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by
the contractor in traveling to and from City facilities whall not be reimbursed, unless otherwise
negotiated.
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE
Compliance Report to the Purchasing Manager no later than the 15th calendar day after
completion of all work under the contract. Final payment, retainage, or both may be withheld if
the Contractor is not in compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defe ctive work appearing
after final inspection, (3) arising from failure of the Contractor to comply with the Contract or
the terms of any warranty specified herein, (4) arising from the Contractor’s continuing
obligations under the Contract, including but not limited to indemnity and warranty obligations,
or (5) arising under the City’s right to audit; and ii. a waiver of all claims by the Contractor
against the City other than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the
cost of any special tooling or special test equipment fabricated or required by the Contractor for
the purpose of filling this order, such special tooling equipment and any process sheets related
thereto shall become the property of the City and shall be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in
progress or audit findings are yet unresolved, in which case records shall be kept until all audit
tasks are completed and resolved. These books, records, documents and other evidence shall be
available, within ten (10) business days of written request. Further, the Contractor shall also
require all Subcontractors, material suppliers, and other payees to retain all books, records,
documents and other evidence pertaining to the Contract, and to allow the City similar access to
those documents. All books and records will be made available within a 50 mile radius of the
City of Denton. The cost of the audit will be borne by the City unless the audit reveals an
overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of
the audit, including any travel costs, must be borne by the Contractor which must be payable
within five (5) business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the
terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed
to include drafts and electronic files, even if such drafts or electronic files are subsequently used
to generate or prepare a final printed document.
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18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the
Contractor shall comply with all requirements approved by the City. The Contractor shall not
initially employ any Subcontractor except as provided in the Contractor’s Plan. The Contractor
shall not substitute any Subcontractor identified in the Plan, unless the substitute has been
accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute
a waiver of any rights or remedies of the City with respect to defective deliverables provided by
a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a
monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later
than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with
the terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on
the part of the City to pay or to see to the payment of any moneys due any such Subcontractor
except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently
without consultation, communication, or agreement for the purpose of restricting competition, as
to any matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
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20. WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to
all deliverables furnished under the Contract, and that the deliverables are free and clear of all
liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the
City harmless from and against all adverse title claims to the deliverables.
21. WARRANTY – DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship
or manufacture, and conform in all material respects to the specifications, drawings, and
descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms,
covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules,
and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the
deliverables shall be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fully conforming deliverables, at the City’s
option and at no additional cost to the City. All costs incidental to such repair or replacement,
including but not limited to, any packaging and shipping costs shall be borne exclusively by the
Contractor. The City shall endeavor to give the Contractor written notice of the breach of
warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to
give timely notice shall not impair the City’s rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty
to the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the Ci ty,
the Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer’s warranty for the benefit of the City.
22. WARRANTY – SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and
workmanlike manner in accordance with generally accepted industry standards and practices, the
terms, conditions, and covenants of the Contract, and all applicable Federal, State and loc al laws,
rules or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
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additional performance shall be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City’s rights under
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall
pay all claims, costs, losses and damages attributable to the City’s evaluation of and
determination to accept such defective or non-conforming deliverables. If any such acceptance
occurs prior to final payment, the City may deduct such amounts as are necessary to compensate
the City for the diminished value of the defective or non-conforming deliverables. If the
acceptance occurs after final payment, such amount will be refunded to the City by the
Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time
specified after demand is made, the demanding party may treat this failure as an anticipatory
repudiation of the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation
or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by
the City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails
to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails
to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or
seeks relief under the bankruptcy laws of the United States or (d) makes a material
misrepresentation in Contractor’s Offer, or in any report or deliverable required to be submitted
by the Contractor to the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including,
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without limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and
post-judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years
and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All
rights and remedies under the Contract are cumulative and are not exclusive of any other right or
remedy provided by law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further
work pursuant to the Contract, with such exceptions, if any, specified in the notice of
termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise
legally available for such purposes, for all goods delivered and services performed and
obligations incurred prior to the date of termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or
deliverable required to be submitted by the Contractor to the City shall be grounds for the
termination of the Contract for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor
if the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations
under this Contract if, while and to the extent such default or delay is caused by acts of God, fire,
riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond
the reasonable control of such Party. In the event of default or delay in contract performance due
to any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of
such failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution
mechanism, including attorney and other professional fees for: (1) damage to or loss of
the property of any person (including, but not limited to the City, the Contractor, their
respective agents, officers, employees and subcontractors; the officers, agents, and
employees of such subcontractors; and third parties); and/or (2) death, bodily injury,
illness, disease, worker's compensation, loss of services, or loss of income or wages to
any person (including but not limited to the agents, officers and employees of the City,
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the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include
the sale of defective or non-conforming deliverables, negligence, willful misconduct or a
breach of any legally imposed strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE: The following insurance requirements are applicable, in addition to the
specific insurance requirements detailed in Appendix A for services only. The successful firm
shall procure and maintain insurance of the types and in the minimum amounts acceptable to the
City of Denton. The insurance shall be written by a company licensed to do business in the State of
Texas and satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over
periods, and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage’s and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification
from consideration for award. The Contractor must also forward a Certificate of
Insurance to the City whenever a previously identified policy period has expired, or an
extension option or hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City
shall not relieve or decrease the liability of the Contractor hereunder and shall not be
construed to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor’s and all subcontractors’ insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers’ compensation coverage written by the Texas Workers’
Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
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City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The “other” insurance clause shall not apply to the City where the City is an
additional insured shown on any policy. It is intended that policies required in the
Contract, covering both the City and the Contractor, shall be considered primary
coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the
Contractor shall carry Umbrella or Excess Liability Insurance for any differences in
amounts specified. If Excess Liability Insurance is provided, it shall follow the form of
the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make
any reasonable requests for deletion or revision or modification of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance
coverage, limits, and exclusions when deemed necessary and prudent by the City based
upon changes in statutory law, court decisions, the claims history of the industry or
financial condition of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage’s indicated within the Contract.
xiv. The insurance coverage’s specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse affect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the
City shall state the date of notification of any such claim, demand, suit, or other action; the
names and addresses of the claimant(s); the basis thereof; and the name of each person against
whom such claim is being asserted. Such notice shall be delivered personally or by mail and
shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney
shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201.
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34. NOTICES: Unless otherwise specified, all notices, requests, or other communications
required or appropriate to be given under the Contract shall be in writing and shall be deemed
delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or
Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deem ed
delivered upon receipt by the addressee. Routine communications may be made by first class
mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to
the address specified in the Contractor’s Offer, or at such other address as a party may notify the
other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton,
Texas 76209 and marked to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public
Information Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys
and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise
anywhere in the world of the rights associated with the City’s’ ownership, and if applicable,
license rights, and its use of the deliverables infringes the intellectual property rights of any third
party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated
in this Contract. In the event of any such claim, the City shall have the right to monitor such
claim or at its option engage its own separate counsel to act as co-counsel on the City’s behalf.
Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no
way diminish Contractor’s warranties or obligations under this paragraph and the City makes no
warranty that the production, development, or delivery of such deliverables will not impact such
warranties of Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City’s and/or its licensors’ confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, “Confidential Information”). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential
Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or
otherwise use the Confidential Information without the prior written consent of the City or in a
manner not expressly permitted under this Agreement, unless the Confidential Information is
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required to be disclosed by law or an order of any court or other governmental authority with
proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such
information so as to permit the City reasonable time to seek an appropriate protective order. The
Contractor agrees to use protective measures no less stringent than the Co ntractor uses within its
own business to protect its own most valuable information, which protective measures shall
under all circumstances be at least reasonable measures to ensure the continued confidentiality of
the Confidential Information.
38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor
agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire
right, title, and interest to specific inventions under such patentable subject matter to the City and
to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by
the Contractor for the City and the City shall own all copyrights i n and to such deliverables,
provided however, that nothing in this Paragraph 38 shall negate the City’s sole or joint
ownership of any such deliverables arising by virtue of the City’s sole or joint authorship of such
deliverables. Should by operation of law, such deliverables not be considered works made-for-
hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees
providing services to the City hereunder to execute, acknowledge, and deliver an assignment to
the City of) all worldwide right, title, and interest in and to such deliverables. With respect to
such work made-for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause
each of its employees providing services to the City hereunder to execute, acknowledge, and
deliver a work-made-for-hire agreement, in a form to be reasonably approved by the City, to the
City upon delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration
and/or protection, letters patent, or any similar rights in any and all countries and in order to
assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right,
title, and interest in and to the deliverables. The Contractor’s obligations to execute,
acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or
papers such as those described in this Paragraph 38 a., b., and c. shall continue after the
termination of this Contract with respect to such deliverables. In the event the City should not
seek to obtain copyright protection, mask work registration or patent protection for any of the
deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as
Confidential Information under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
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40. ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violation of this warranty, the City shall have the
right, in addition to any other remedy available, to cancel the Contract without liability and to
deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such
commission, percentage, brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract
without liability if it is determined by the City that gratuities were offered or given by the
Contractor or any agent or representative of the Contractor to any officer or employee of the City
of Denton with a view toward securing the Contract or securing favorable treatment with respect
to the awarding or amending or the making of any determinations with respect to the performi ng
of such contract. In the event the Contract is canceled by the City pursuant to this provision, the
City shall be entitled, in addition to any other rights and remedies, to recover or withhold the
amount of the cost incurred by the Contractor in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of
Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement. The contractor is expressly free to advertise and perform services for other parties while
performing services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
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assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in
whole or in part by a waiver or renunciation of the claim or right unless the waiver or
renunciation is supported by consideration and is in writing signed by the aggrieved party. No
waiver by either the Contractor or the City of any one or more events of default by the other
party shall operate as, or be construed to be, a permanent waiver of any rights or obligations
under the Contract, or an express or implied acceptance of any other existing or future default or
defaults, whether of a similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the
parties or course of performance or usage of the trade shall be relevant to supplement or explain
any term used in the Contract. Although the Contract may have been substantially drafted by one
party, it is the intent of the parties that all provisions be construed in a manner to be fair to both
parties, reading no provisions more strictly against one party or the other. Whenever a term
defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the
Contract, the UCC definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the
filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either
party may make a written request for a meeting between representatives of each party within
fourteen (14) calendar days after receipt of the request or such later period as agreed by the
parties. Each party shall include, at a minimum, one (1) senior level individual with decision-
making authority regarding the dispute. The purpose of this and any subsequent meeting is to
attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days
after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they
will proceed directly to mediation as described below. Negotiation may be waived by a written
agreement signed by both parties, in which event the parties may proceed directly to mediation
as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the
negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in
mediation skills to assist with resolution of the dispute. Should they choose this option; the City
and the Contractor agree to act in good faith in the selection of the mediator and to give
consideration to qualified individuals nominated to act as mediator. Nothing in the Contract
prevents the parties from relying on the skills of a person who is trained in the subject matter of
the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within
thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by
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the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to
participate in mediation in good faith for up to thirty (30) calendar days from the date of the first
mediation session. The City and the Contractor will share the mediator’s fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they
may utilize to represent them or otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as
adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that
would refer to and apply the substantive law of another state or jurisdiction. All issues arising
from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree
to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not
be construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the
Contract shall in no way affect the validity or enforceability of any other portion or provision of
the Contract. Any void provision shall be deemed severed from the Contract and the balance of
the Contract shall be construed and enforced as if the Contract did not contain the particular
portion or provision held to be void. The parties further agree to reform the Contract to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Contract from
being void should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal
Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of
operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of
Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of
operation must be approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the
Contract.
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54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub -awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal,
State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies
that its firm and its principals are not currently suspended or debarred from doing business with
the Federal Government, as indicated by the General Services Administration List of Parties
Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the
City of Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability,
creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall
engage in any discriminatory employment practice against individuals with disabilities as
defined
in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable. A. Definitions. As used in this
paragraph –
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition,
plus allocable overhead costs, but excluding profit. Cost of components does not include any
costs associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated,
collected, and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
DocuSign Envelope ID: 51EFDA27-3B67-429A-903A-6E286E616038
RFP 5847
are on a list approved by another Governmental Agency. The Offeror shall submit
documentation with their Offer demonstrating that the article is on an approved Governmental
list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website
www.wdol.gov for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The
Respondent must comply with all applicable laws at all times, including, without limitation, the
following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas
Penal Code, which prohibits the offering or conferring of benefits to public servants. The
Respondent shall give all notices and comply with all laws and regulations applicable to
furnishing and performance of the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate
on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section
530 of the Revenue Act of of 1978, dealing with issuance of Form W -2's to common law
employees. Respondent is responsible for both federal and State unemployment insurance
coverage and standard Workers’ Compensation insurance coverage. Respondent shall ensure
compliance with all federal and State tax laws and withholding requirements. The City of Denton
shall not be liable to Respondent or its employees for any Unemployment or Workers'
Compensation coverage, or federal or State withholding requirements. Contractor shall
indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from
Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C.
701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may
hereafter be issued.
DocuSign Envelope ID: 51EFDA27-3B67-429A-903A-6E286E616038
RFP 5847
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property
and equipment caused by the Respondent and its employees, agents, subcontractors, and
suppliers, including any delivery or cartage company, in connection with any performance
pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager
in writing of any such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an
act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the
fault or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed
as a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no
provision of the Contract is in any way intended to constitute a waiver by the City of Denton of
any immunities from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years
after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all
audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant
access to all books, records and documents pertinent to the Contract to the CPA, the State
Auditor of Texas, and any federal governmental entity that has authority to review records due to
federal funds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resolved with the
following order of precedence (if applicable). In any event, the final negotiated contract
shall take precedence over any and all contract documents to the extent of such conflict.
1. Final negotiated contract
2. RFP/Bid documents
3. City’s standard terms and conditions
4. Purchase order
DocuSign Envelope ID: 51EFDA27-3B67-429A-903A-6E286E616038
RFP 5847
5. Supplier terms and conditions
DocuSign Envelope ID: 51EFDA27-3B67-429A-903A-6E286E616038
RFP 5847
Exhibit D
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules
requiring the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish an original notarized Certificate of Interest Parties
before the contract is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Sign and notarize the Form 1295
6. Email the notarized form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
DocuSign Envelope ID: 51EFDA27-3B67-429A-903A-6E286E616038
RFP 5847
DocuSign Envelope ID: 51EFDA27-3B67-429A-903A-6E286E616038
EXHIBIT E
5847 SUPPLY OF WATER AND SEWER INVENTORY STOCK
Product Proposal Pricing:
Item
No.
COD Whse
Stock Number
Estimated
Annual
Quantity UoM
Description
Brand(s) and/or Part #
Currently Use
Proposed
Brand/Part #
Proposed
Brand/Pa
rt #
Std.
Package
Quantity
Unit Price*
Unit prices are to
reflect the UNIT OF
MEASURE as listed
in column D,
regardless of
Total
SECTION B:Unit Price Extended price
ESTIMATED DELIVERY AFTER RECEIPT OF
ORDER (WORK DAYS)
71 67043250 50 EA COUPLING, BRASS, 3/4" FIP‐FIP MERIT EA 5.75$ 287.50$ 14‐21 DAYS
72 67043260 25 EA COUPLING, BRASS, 1" FIP‐FIP MERIT EA 9.75$ 243.75$ 14‐21 DAYS
73 67037280 15 EA COUPLING, BRASS, 1 1/2" FIP‐FIP MERIT EA 21.00$ 315.00$ 14‐21 DAYS
74 67037300 50 EA COUPLING, BRASS, 2" FIP‐FIP MERIT EA 34.75$ 1,737.50$ 14‐21 DAYS
75 67043120 5 EA
COUPLING, BRASS COMPRESSION
STRAIGHT, 3/4"X5"BRASS 14‐21 DAYS
76 67043200 5 EA
COUPLING, BRASS COMPRESSION
STRAIGHT, 2"X5"JONES S# C15‐201 14‐21 DAYS
77 89045020 90 EA
COUPLING, METER 2 BOLT 1 1/2"
STRAIGHT, FL X FL ROCKWELL #926‐190‐000 S‐B EA 23.19$ 2,087.43$ 14‐21 DAYS
78 89045040 110 EA
COUPLING, METER 2 BOLT 2" STRAIGHT,
FL X FL
ROCKWELL 926‐250‐000/ SB
926‐2 S‐B EA 28.12$ 3,092.67$ 14‐21 DAYS
79 89045000 120 EA COUPLING, METER EXPANSION 3/4"FORD #EC‐23 3/4" STANDARD FORD EA 14.01$ 1,681.26$ 14‐21 DAYS
80 89045110 55 EA
COUPLING, STRAIGHT METER, BRASS,
3/4" x 2.5" MIP
FORD #C38‐2325 OR JONES#J‐
130
BRASS ONLY FORD C382325NL FORD EA 6.66$ 366.28$ 14‐21 DAYS
81 89045115 60 EA
COUPLING, STRAIGHT METER, BRASS,
3/4" x 3" MIP FORD #C38‐23‐3 STYLE A (HEX)
BRASS ONLY FORD C38233NL FORD EA 8.06$ 483.77$ 14‐21 DAYS
82 89045120 675 EA
COUPLING, STRAIGHT METER, BRASS,
3/4" x 8.5" MIP
JONES#J‐130,
MCDONALD#4124‐076
BRASS ONLY FORD C382385NL FORD EA 17.13$ 11,563.35$ 14‐21 DAYS
83 89045140 100 EA
COUPLING, STRAIGHT METER, BRASS, 1"
x 2.5" MIP
JONES #J‐130 / MUELLER
H70890
BRASS ONLY
FORD
C38442625NL FORD EA 11.65$ 1,165.45$ 14‐21 DAYS
84 89045150 20 EA
COUPLING, STRAIGHT METER, BRASS, 1"
x 3" MIP
ITEM# C38‐44‐3.5
BRASS ONLY FORD C384435NL FORD EA 13.50$ 269.95$ 14‐21 DAYS
85 89045160 50 EA
COUPLING, STRAIGHT METER, BRASS, 1"
x 8.5" MIP
JONES J#130 / MUELLER
BRASS ONLY FORD C384485NL FORD EA 23.18$ 1,159.16$ 14‐21 DAYS
86 67037100 100 EA
COUPLING, WATER 3/4" MIP‐PJ MUELLER P15428 / FC8433
JONES #J2605(50) (LOCK NUT
W/SETSCREW ONLY) FORD C8433NL FORD EA 10.24$ 1,024.08$ 14‐21 DAYS
87 67037320 180 EA
COUPLING, WATER 1" MIP‐PJ FORD# FC8444 (LOCK NUT
W/SETSCREW ONLY) FORD C8444NL FORD EA 12.14$ 2,184.50$ 14‐21 DAYS
88 67037330 25 EA
COUPLING, WATER 1 1/2" MIP‐PJ JONES J‐2605/FRD 84‐
66/MUELLER (LOCK NUT
W/SETSCREW ONLY) FORD C8466NL FORD EA 33.24$ 830.89$ 14‐21 DAYS
89 67037340 150 EA
COUPLING, WATER 2" MIP‐PJ
JONES#J2605 (5)/FORD C84‐77
(LOCK NUT W/SETSCREW ONLY) FORD C8477NL FORD EA 48.43$ 7,264.40$ 14‐21 DAYS
90 67037020 40 EA
COUPLING, WATER 3/4" PJ‐PJ JONES#J2609/
FC4433/MUELLER (LOCK NUT
W/SETSCREW ONLY) FORD C4433NL FORD EA 12.47$ 498.85$ 14‐21 DAYS
91 67037050 50 EA
COUPLING, WATER 1" PJ‐PJ
W/LOCKNUT‐J2609(25)/C44‐44
(LOCK NUT W/SETSCREW ONLY) FORD C4444NL FORD EA 14.27$ 713.61$ 14‐21 DAYS
92 67037060 40 EA
COUPLING, WATER 1 1/2" PJ‐PJ FORD# FC44‐66 (LOCK NUT
W/SETSCREW ONLY) FORD C4466NL FORD EA 47.76$ 1,910.37$ 14‐21 DAYS
93 67037350 25 EA
COUPLING, WATER 2" PJ‐PJ J2609(100)/C44‐77 (LOCK NUT
W/SETSCREW ONLY) FORD C4477NL FORD EA 64.47$ 1,611.78$ 14‐21 DAYS
94 67037460 20 EA ELBOW, 45O BRASS 2" FIP‐FIP HUGHES# 21B45 MERIT EA 46.50$ 930.00$ 14‐21 DAYS
95 67037400 35 EA ELBOW, 90O BRASS 3/4" FIP‐FIP MERIT EA 6.50$ 227.50$ 14‐21 DAYS
96 67037410 50 EA ELBOW, 90O BRASS 1" FIP‐FIP MERIT EA 10.50$ 525.00$ 14‐21 DAYS
97 67037420 15 EA ELBOW, 90O BRASS 1.5" FIP‐FIP MERIT EA 21.00$ 315.00$ 14‐21 DAYS
98 67037450 55 EA ELBOW, 90O BRASS 2" FIP‐FIP MERIT EA 34.00$ 1,870.00$ 14‐21 DAYS
99 67037610 40 EA
NIPPLE, BRASS, 3/4" CLOSE (ALL
THREADED)3/4 XCL STD BRASS NIPPLE MERIT EA 1.50$ 60.00$ 14‐21 DAYS
100 67037620 40 EA
NIPPLE, BRASS, 1" CLOSE (ALL
THREADED)ITEM# 3010NCL MERIT EA 2.25$ 90.00$ 14‐21 DAYS
101 67037740 40 EA
NIPPLE, BRASS, 2" CLOSE (ALL
THREADED)MERIT EA 6.50$ 260.00$ 14‐21 DAYS
102 67037660 25 EA NIPPLE, BRASS, 3/4" X 2" LONG MERIT EA 2.00$ 50.00$ 14‐21 DAYS
103 67037670 20 EA NIPPLE, BRASS, 3/4" X 4" LONG MERIT EA 3.50$ 70.00$ 14‐21 DAYS
104 67037680 16 EA NIPPLE, BRASS, 3/4" X 6" LONG MERIT EA 5.00$ 80.00$ 14‐21 DAYS
105 67037690 30 EA NIPPLE, BRASS, 1" X 2" LONG ITEM# 3010N020 MERIT EA 3.00$ 90.00$ 14‐21 DAYS
106 67037700 40 EA NIPPLE, BRASS, 1" X 4" LONG MERIT EA 5.00$ 200.00$ 14‐21 DAYS
107 67037780 35 EA NIPPLE, BRASS, 1"X 6" LONG MERIT EA 7.00$ 245.00$ 14‐21 DAYS
108 67037720 15 EA NIPPLE, BRASS, 1.5" X 2" LONG MERIT EA 4.50$ 67.50$ 14‐21 DAYS
109 67037730 20 EA NIPPLE, BRASS, 1.5" X 4" LONG ITEM# 40148 MERIT EA 8.00$ 160.00$ 14‐21 DAYS
110 67037775 30 EA NIPPLE, BRASS, 1.5" X 6" LONG ITEM# 3010N060 MERIT EA 12.00$ 360.00$ 14‐21 DAYS
111 67037750 40 EA NIPPLE, BRASS, 2" X 4" LONG ITEM# 40158 MERIT EA 10.50$ 420.00$ 14‐21 DAYS
112 67037760 100 EA NIPPLE, BRASS, 2" X 6" LONG STD. 2X6 NIPPLE MERIT EA 15.50$ 1,550.00$ 14‐21 DAYS
113 67037802 17 EA PLUG, BRASS 3/4" TH MERIT EA 4.25$ 72.25$ 14‐21 DAYS
114 67037804 30 EA PLUG, BRASS 1" TH MERIT EA 6.50$ 195.00$ 14‐21 DAYS
115 67037805 7 EA PLUG, BRASS 1 1/2" TH MERIT EA 11.50$ 80.50$ 14‐21 DAYS
116 67037810 10 EA PLUG, BRASS 2" TH MERIT EA 18.75$ 187.50$ 14‐21 DAYS
117 67037812 5 EA PLUG, BRASS 3 SJ55711 MERIT EA 50.00$ 250.00$ 14‐21 DAYS
118 67037814 2 EA PLUG, BRASS 4 SJ55737 MERIT EA 93.75$ 187.50$ 14‐21 DAYS
119 67037870 5 EA
REDUCER BUSHING, HEX,BRASS 3/4" X
1/2"MERIT EA 5.00$ 25.00$ 14‐21 DAYS
120 67037880 30 EA
REDUCER BUSHING, HEX, BRASS, 1" X
3/4"FEMALE TO MALE MERIT EA 6.00$ 180.00$ 14‐21 DAYS
121 67037900 10 EA
REDUCER BUSHING, HEX, BRASS, 1.5" X
3/4"MERIT EA 14.50$ 145.00$ 14‐21 DAYS
122 67037910 10 EA
REDUCER BUSHING,HEX,BRASS, 1.5"X1"
MERIT EA 14.50$ 145.00$ 14‐21 DAYS
123 67037920 50 EA REDUCER BUSHING,HEX,BRASS, 2"X1"HUGHES# 2X11BB MERIT EA 17.75$ 887.50$ 14‐21 DAYS
MORRISON SUPPLY COMPANY ‐ BR028
SHERMAN, TX
MORRISON SUPPLY COMPANY ‐ BR028
DocuSign Envelope ID: 51EFDA27-3B67-429A-903A-6E286E616038
EXHIBIT E
124 67037960 25 EA
REDUCER BUSHING,HEX,BRASS, 2"X1.5"
ITEM# 3020B15 MERIT EA 17.75$ 443.75$ 14‐21 DAYS
125 67037940 15 EA
REDUCER BUSHING,HEX,BRASS, 2"X3/4"
2X34IBB MERIT EA 17.75$ 266.25$ 14‐21 DAYS
126 67052800 2 EA
SADDLE TAP,BRASS,4"X1" DUAL STRAP
ONLY FORD # 202B‐540‐CC4
FORD
202B540CC4 FORD EA 60.75$ 121.51$ 14‐21 DAYS
127 67052820 3 EA
SADDLE TAP,BRASS,4"X2" DUAL STRAP
ONLY
FRD 202B‐540‐CC7/McD4148‐
004
FORD 202B 540
CC7 FORD EA 77.25$ 231.75$ 14‐21 DAYS
128 67052840 2 EA
SADDLE TAP,BRASS,6"X3/4" DUAL
STRAP ONLY FORD # 202B‐750‐CC3
FORD # 202B‐750‐
CC3 FORD EA 72.75$ 145.50$ 14‐21 DAYS
129 67052860 15 EA
SADDLE TAP,BRASS,6"X1" DUAL STRAP
ONLY FORD # 202B‐750‐CC4
FORD # 202B‐750‐
CC4 FORD EA 71.75$ 1,076.25$ 14‐21 DAYS
130 67052880 10 EA
SADDLE TAP,BRASS,6"X2" DUAL STRAP
ONLY FORD # 202B‐750‐CC7
FORD # 202B‐750‐
CC7 FORD EA 90.00$ 900.00$ 14‐21 DAYS
131 67052920 30 EA
SADDLE TAP,BRASS,8"X1" DUAL STRAP
ONLY FORD # 202B‐962‐CC4
FORD # 202B‐962‐
CC4 FORD EA 88.75$ 2,662.50$ 14‐21 DAYS
132 67052950 15 EA
SADDLE,TAP, BRASS, 8"X2" DUAL STRAP
ONLY FORD # 202B‐962‐CC7
FORD # 202B‐962‐
CC7 FORD EA 101.50$ 1,522.46$ 14‐21 DAYS
133 67052970 2 EA
SADDLE,TAP, BRASS 10"X1" DUAL STRAP
ONLY FORD # 202B‐1212‐CC4
FORD # 202B‐
1212‐CC4 FORD EA 109.75$ 219.50$ 14‐21 DAYS
134 67052999 40 EA
SADDLE,TAP, BRASS 12"X1" DUAL STRAP
ONLY FORD # 202B‐1438‐CC4
FORD # 202B‐
1438‐CC4 FORD EA 128.50$ 5,140.00$ 14‐21 DAYS
135 67052995 25 EA
SADDLE,TAP, BRASS 12"X2" DUAL STRAP
ONLY FORD# 202B‐1438‐CC7
FORD# 202B‐1438‐
CC7 FORD EA 147.50$ 3,687.50$ 14‐21 DAYS
136 67052991 2 EA
SADDLE,TAP, BRASS 16"X1" DUAL STRAP
ONLY
FORD # 202B‐1840‐CC4
MUELLER #MBR2B1732CCG
FORD # 202B‐
1840‐CC4 FORD EA 314.50$ 629.00$ 14‐21 DAYS
137 67052992 2 EA
SADDLE,TAP, BRASS 16"X2" DUAL STRAP
ONLY FORD # 202B‐1840‐CC7
FORD # 202B‐
1840‐CC7 FORD EA 368.50$ 737.00$ 14‐21 DAYS
138 5 EA
SADDLE,TAP, BRASS 18"X1"DUAL STRAP
ONLY
FORD 202B 2050
CC4 FORD EA 437.50$ 2,187.50$ 14‐21 DAYS
139 5 EA
SADDLE,TAP, BRASS 18"X2" DUAL STRAP
ONLY
FORD 202B2050
CC7 FORD EA 437.50$ 2,187.50$ 14‐21 DAYS
140 67052993 2 EA
SADDLE,TAP, BRASS 20"X1" DUAL STRAP
ONLY FORD # 202B‐2220‐CC4
FORD # 202B‐
2220‐CC4 FORD EA 450.00$ 900.00$ 14‐21 DAYS
141 67052994 2 EA
SADDLE,TAP, BRASS 20"X2"DUAL STRAP
ONLY FORD # 202B‐2220‐CC7
FORD # 202B‐
2220‐CC7 FORD EA 450.00$ 900.00$ 14‐21 DAYS
142 67038020 10 EA TEE, BRASS, 3/4" X 3/4" TH US FILTER# 3007T07 MERIT EA 8.25$ 82.50$ 14‐21 DAYS
143 67038040 15 EA TEE, BRASS, 1" X 1" TH MERIT EA 28.25$ 423.75$ 14‐21 DAYS
144 67038080 7 EA TEE, BRASS, 1 1/2" X 1 1/2" TH MERIT EA 28.25$ 197.75$ 14‐21 DAYS
145 67038100 15 EA TEE, BRASS, 2" X 2" TH 2IBT MERIT EA 47.00$ 705.00$ 14‐21 DAYS
146 67038280 3 EA UNION, BRASS, 2" TH HUGHES# 21BU MERIT EA 69.00$ 207.00$ 14‐21 DAYS
147 89045010 2000 PR
ADAPTER BUSHING, METER 3/4" X 1"
Mueller H‐10889 /
MCDONALD#10J34 / FORD A34 FORD A34NL FORD PR 13.25$ 26,500.00$ 14‐21 DAYS
148 89045500 30 EA
FLANGE ADAPTER METER 1.5" BRAS FORD CF31‐66, MIDLAND 1911,
MUELLER MH10129HJ FORD CF3166NL FORD EA 30.50$ 915.00$ 14‐21 DAYS
149 89045550 100 EA
FLANGE ADAPTER, METER 2" BRASS FORD CF31‐66, MIDLAND 1911,
MUELLER MH10129HK FORD CF3177NL FORD EA 39.75$ 3,975.00$ 14‐21 DAYS
150 89046000 100 EA
KEY, WATER METER BOX , BRASS
BASS & HAYS BKEY52 ONLY
BASS AND HAYS
KEY52 BASS & HA EA 10.50$ 1,050.00$ 14‐21 DAYS
151 67069010 5 EA
ANGLE BALL VALVE 2", FLNG‐IP
FORD BFA13‐777W (NL)
FORD BFA13‐
777W (NL)FORD EA 182.25$ 911.25$ 14‐21 DAYS
152 67037820 35 EA BELL REDUCER, BRASS 1" X 3/4" FIP‐FIP MERIT EA 11.00$ 385.00$ 14‐21 DAYS
153 89040026 25 PR
LOCK & SPRING, BRASS, METER BOX LID BASS & HAYS ONLY
(BPLUNGER#51/BSPRING#50)
PACKAGED 100/BUNDLE
BPLUNGER 12
SPRING 5 BASS & HA
PKG 14.31$
357.85$ 14‐21 DAYS
299 67082175 5 EA
BOLT SET FOR 4" TAPPING VALVE HBS40G/150 4"X150# HEX
BOLTS star 4fk MM BOLT EA 5.40$ 27.02$ 14‐21 DAYS
300 67082177 5 EA
BOLT SET FOR 8" TAPPING VALVE HBS080G/150 8"X150# HEX
BOLTS STAR 8FK MM BOLT EA 8.73$ 43.66$ 14‐21 DAYS
301 67082179 5 EA
BOLT SET FOR 12" TAPPING VALVE HBS1012G/150 10‐12"X150#
HEX STAR 12FK MM BOLT EA 21.54$ 107.70$ 14‐21 DAYS
302 32020420 2 EA BOLT, T‐HEAD, NUT, 3/4" X 3 1/2" SST PART# 21AMB10735NS SIGMA EA 4.50$ 9.01$ 14‐21 DAYS
303 67044730 700 EA
CLAMP, BANDING ST 51" LENGTH
STANLEY ROBERTS #SC‐248
STANLEY
ROBERTS #SC‐248 STAN ROBE EA 3.24$ 2,264.92$ 14‐21 DAYS
304 67052020 5 EA
CLAMP, LEAK 2" X 6" SST SMITHBLAIR#229‐00023807‐
000 ford fsc‐238‐6 FORD EA 30.96$ 154.82$ 14‐21 DAYS
305 67037830 5 EA
CLAMP, 6" BELL JOINT LEAK RANGE 6.90‐7.10 FORD FBC‐
710 ONLY FORD FBC 710 FORD EA 60.85$ 304.24$ 14‐21 DAYS
306 67037835 5 EA
CLAMP, 8" BELL JOINT LEAK
FORD FBC‐930 ONLY
FORD FBC‐930
ONLY FORD EA 81.46$ 407.28$ 14‐21 DAYS
307 67037840 5 EA
CLAMP, 10" BELL JOINT LEAK
FORD FBC‐1140 ONLY
FORD FBC‐1140
ONLY FORD EA 102.13$ 510.63$ 14‐21 DAYS
308 67037845 5 EA
CLAMP, 12" BELL JOINT LEAK
FORD FBC‐1350 ONLY
FORD FBC‐1350
ONLY FORD EA 110.77$ 553.87$ 14‐21 DAYS
309 67052050 20 EA CLAMP, FULL CIRCLE 2" X 7.5" SST SMITH BLAIR 226 / FORD F1 FORD F123875 FORD EA 32.40$ 647.96$ 14‐21 DAYS
310 67052180 10 EA CLAMP, FULL CIRCLE 2" X 15" SST S.B.#226‐00023815‐000 FORD F123815 FORD EA 57.80$ 578.01$ 14‐21 DAYS
311 67052080 7 EA
CLAMP, FULL CIRCLE 4" X 7.5" SST SB#2260004800700/F1‐
514X7.5 FORD F151475 FORD EA 39.03$ 273.18$ 14‐21 DAYS
312 67052200 7 EA CLAMP, FULL CIRCLE 4" X 15" SST F1‐514‐15 FORD F151415 FORD EA 71.33$ 499.31$ 14‐21 DAYS
313 67052100 60 EA
CLAMP, FULL CIRCLE 6" X 7.5" SST SB#22600069007000/F1‐
724X7.5 FORD F172475 FORD EA 42.27$ 2,536.34$ 14‐21 DAYS
314 67052220 80 EA CLAMP, FULL CIRCLE 6" X 15" SST S.B.#226‐00069015‐000 FORD F172415 FORD EA 76.84$ 6,147.02$ 14‐21 DAYS
315 67052120 30 EA CLAMP, FULL CIRCLE 8" X 7.5" SST FORD#F1‐939‐7.5 FPRD F193975 FORD EA 50.96$ 1,528.90$ 14‐21 DAYS
316 67052240 70 EA
CLAMP, FULL CIRCLE 8"x15" SST SB#22600090515000/FORD
ONLY FORD F193915 FORD EA 95.86$ 6,710.47$ 14‐21 DAYS
317 67052250 10 EA
CLAMP FULL CIRCLE 8.5‐15 SB# 226‐00086315‐000 HDPE
PIPE FORD F1101015 FORD EA 116.45$ 1,164.50$ 14‐21 DAYS
318 67052255 5 EA
CLAMP FULL CIRCLE 10x15" ^SB 226‐10107515‐000 HDPE
PIPE FORD F1114415 FORD EA 143.37$ 716.86$ 14‐21 DAYS
319 67052260 5 EA CLAMP FULL CIRCLE 10" X 16 WITH ALLOY BOLTS FORD EA 113.97$ 569.84$ 14‐21 DAYS
320 67052160 5 EA
CLAMP, FULL CIRCLE 12" X 7.5" SST SB#22600132007000/F1‐
1350X7.5 FORD F1 1350 75 FORD EA 75.79$ 378.95$ 14‐21 DAYS
321 67052280 5 EA
CLAMP, FULL CIRCLE RPR ,12"X15 ROMAX OD 14.00‐14.40, FOR
TRANSITE PIPE FORD F1 1440 15 FORD EA 140.73$ 703.66$ 14‐21 DAYS
322 67052290 15 EA
CLAMP, FULL CIRCLE 12"X20" SST
SMITH BLAIR# 22600132020000
POWER SEAL P3121AS12C20 FORD F1 1350 20 FORD EA 191.06$ 2,865.86$ 14‐21 DAYS
323 67052295 5 EA
CLAMP, FULL CIRCLE 16"X12 POWERSEAL 312216C120AA‐
SB, RANGE 17.15‐17.90 FORD F2 1790 15 FORD EA 196.07$ 980.37$ 14‐21 DAYS
324 67052298 5 EA
CLAMP, FULL CIRCLE 16"X20
POWERSEAL 312216C200AA‐LB FORD F2179020 FORD EA 313.33$ 1,566.65$ 14‐21 DAYS
325 67052360 5 EA
CLAMP, REPAIR 1/2" SST
SMITH‐BLAIR#245‐0008406‐000 FORD FSC0843 FORD EA 8.73$ 43.66$ 14‐21 DAYS
DocuSign Envelope ID: 51EFDA27-3B67-429A-903A-6E286E616038
EXHIBIT E
326 67052400 7 EA
CLAMP, REPAIR 1" SST SMITH‐BLAIR#245‐00013203‐
000
POWERSEAL #3151W FORD FSC1323 FORD EA 4.69$ 32.84$ 14‐21 DAYS
327 67052440 5 EA
CLAMP, REPAIR 1 1/2" SST SMITH BLAIR #245‐000‐19003‐
000 FORD FSC1903 FORD EA 5.20$ 26.02$ 14‐21 DAYS
328 67052380 5 EA
CLAMP, REPAIR 3/4" SST SMITH‐BLAIR#245‐00010503‐
000
POWERSEAL 3151W FORD FSC1053 FORD EA 4.43$ 22.15$ 14‐21 DAYS
329 67052460 5 EA
CLAMP, REPAIR 2" SST SB#245‐000‐23806‐
000/FFSC238X6
POWERSEAL #3151W FORD FSC2386 FORD EA 12.02$ 60.10$ 14‐21 DAYS
330 67052580 5 EA
CLAMP, TAP 6"X1" SST SMITH‐BLAIR#239‐00069007‐
009
FORD F2 742 75
CC4 FORD EA 95.82$ 479.11$ 14‐21 DAYS
331 67052620 5 EA
CLAMP, TAP 8"X1" SST
SMITH‐BLAIR#239‐0009050709
FORD F2 942 75
CC4 FORD EA 105.98$ 529.90$ 14‐21 DAYS
332 67082185 30 EA
GASKET, FIELD LOCK 16" ^
TJ FIELD LOCK 350 GASKET SBR US PIPE EA 301.57$ 9,047.12$ 14‐21 DAYS
333 67082730 15 EA SPACER, CASING SS 16" ^CCI CSS8‐CR 17.40"x29.25 CCI PIPELIN EA 105.76$ 1,586.39$ 14‐21 DAYS
334 67082167 5 EA BOLT/GASKET SET‐3" FLANGE PK ^ITEM# CBNG‐03 STAR 3FK EGW EA 6.34$ 31.68$ 14‐21 DAYS
335 67082170 10 EA BOLT/GASKET SET‐4" FLANGE PACK ITEM# CBNG‐04 STAR 4FK EGW EA 10.47$ 104.71$ 14‐21 DAYS
336 67082171 50 EA BOLT/GASKET SET‐6" FLANGE PACK ITEM# CBNG‐06 STAR 6FK EGW EA 12.57$ 628.27$ 14‐21 DAYS
337 67082172 5 EA BOLT/GASKET SET‐8" FLANGE PACK ITEM# CBNG‐08 STAR 8FK EGW EA 13.82$ 69.11$ 14‐21 DAYS
338 67082169 5 EA BOLT/GASKET SET‐8"X1/8"‐FL ^ACC,RR,FF,304 B&N STAR 8FKSS EGW EA 25.65$ 128.27$ 14‐21 DAYS
339 67082173 5 EA BOLT/GASKET SET‐10" FLANGK^ITEM# CBNG‐10 STAR 10FK EGW EA 15.27$ 76.34$ 14‐21 DAYS
340 67082174 8 EA BOLT/GASKET SET‐12" FLANGE PACK ITEM# CBNG‐12 STAR 12FK EGW EA 18.43$ 147.43$ 14‐21 DAYS
341 67082168 5 EA BOLT/GASKET SET‐16" FLANGE PACK STAR 16FK EGW EA 28.65$ 143.25$ 14‐21 DAYS
342 5 EA BOLT/GASKET SET‐18" FLANGE PACK STAR 18FK EGW EA 39.27$ 196.34$ 14‐21 DAYS
343 5 EA BOLT/GASKET SET‐20" FLANGE PACK STAR 20FK EGW EA 42.88$ 214.40$ 14‐21 DAYS
344 10 EA
GASKET, FULL FACE RED RUBBER 4" X
1/16"
WHITE RHINO
4FG116 EGW EA 0.83$ 8.27$ 14‐21 DAYS
345 67058640 20 EA
GASKET, FULL FACE RED RUBBER 4" X
1/8"WHITE RHINO 4FG EGW EA 1.63$ 32.67$ 14‐21 DAYS
346 67058660 8 EA
GASKET, FULL FACE RED RUBBER 6" X
1/16"
WHITE RHINO
6FG116 EGW EA 1.24$ 9.88$ 14‐21 DAYS
347 10 EA
GASKET, FULL FACE RED RUBBER 6" X
1/8"WHITE RHINO 6FG EGW EA 2.43$ 24.29$ 14‐21 DAYS
348 10 EA
GASKET, FULL FACE RED RUBBER 8" X
1/16"
WHITE RHINO
8FG116 EGW EA 1.81$ 18.12$ 14‐21 DAYS
349 67058680 2 EA
GASKET, FULL FACE RED RUBBER 8" X
1/8"WHITE RHINO 8FG EGW EA 3.62$ 7.25$ 14‐21 DAYS
350 67058740 2 EA GASKET, MJ 4" EPDM STAR 4RG EGW EA 3.66$ 7.33$ 14‐21 DAYS
351 89045750 20 EA GASKET, MAINCASE 3" TRU‐FLO ^# 44NE8341312 EGW EA
352 89045760 20 EA GASKET, METER KIT 4 T/F ^# 44NE9685002MG EGW EA
353 89050100 55 EA
GASKET, METER 1.5" X 1/8" OVAL BLK RUBBER 2‐BOLT,
WESTERMANN # BMG02001.50
BRAND: WHITE RHINO
white rhino
112omfg EGW EA 0.71$
39.16$
14‐21 DAYS
354 89050300 350 EA
GASKET, METER 2" X 1/8" OVAL BLK RUBBER 2‐BOLT,
WESTERMANN # BMG02002.00
BRAND: WHITE RHINO
white rhino
2omfg EGW EA 0.83$
289.53$
14‐21 DAYS
355 67058000 15 EA
GLAND KIT MJ 4"
MJ‐4
SIGMA DOMESTIC
4RAD STAR EA 17.21$ 258.22$ 14‐21 DAYS
356 67058010 95 EA
GLAND KIT MJ 6"
SIGMA MJ‐6
SIGMA DOMESTIC
6RAD STAR EA 20.81$ 1,976.60$ 14‐21 DAYS
357 67058020 40 EA
GLAND KIT MJ 8"
TYLER# MJ‐8
SIGMA DOMESTIC
8RAD STAR EA 24.39$ 975.50$ 14‐21 DAYS
358 67058030 5 EA
GLAND KIT MJ 10"
TYLER MJ‐IO
SIGMA DOMESTIC
10RAD STAR EA 33.72$ 168.59$
14‐21 DAYS
359 67058040 70 EA
GLAND KIT MJ 12"
SIGMA MJ‐12
SIGMA DOMESTIC
12RAD STAR EA 35.86$ 2,510.47$
14‐21 DAYS
360 67040900 10 EA
MEGA FLANGE, REST ADAPT 3
EBBA SERIES 2103 EBBA SERIES 2103 FORD EA 36.65$ 366.49$ 14‐21 DAYS
361 67040905 10 EA
MEGA FLANGE, REST ADAPT 4
EBBA SERIES 2104 EBBA SERIES 2104 FORD EA 39.75$ 397.49$ 14‐21 DAYS
362 67040910 10 EA
MEGA FLANGE, REST ADAPT 6
EBBA SERIES 2106 EBBA SERIES 2106 FORD EA 50.37$ 503.66$ 14‐21 DAYS
363 67040600 40 EA
MEG‐A‐LUG GLAND KIT 4" C‐900
EBAA / STAR GRIP
SIGMA DOMESTIC
SLCEP4 FORD EA 26.60$ 1,063.87$
14‐21 DAYS
364 67040650 300 EA
MEG‐A‐LUG GLAND KIT 6" C‐900
EBAA / STAR GRIP
SIGMA DOMESTIC
SLCEP6 FORD EA 36.63$ 10,988.48$
14‐21 DAYS
365 67040700 100 EA
MEG‐A‐LUG GLAND KIT 8" C‐900
EBAA / STAR GRIP
SIGMA DOMESTIC
SLCEP8 FORD EA 42.12$ 4,211.52$
14‐21 DAYS
366 67040750 5 EA
MEG‐A‐LUG GLAND KIT 10" ^
DOUBLE DUTY DI PIPE & C900
SIGMA DOMESTIC
SLCEP10 FORD EA 73.33$ 366.65$
14‐21 DAYS
367 67040800 100 EA
MEG‐A‐LUG GLAND KIT 12" C‐900
EBAA / STAR GRIP
SIGMA DOMESTIC
SLCEP12 FORD EA 74.91$ 7,491.10$
14‐21 DAYS
368 18 EA
MEG‐A‐LUG GLAND KIT 4" CI/DI
EBAA / STAR GRIP
SIGMA DOMESTIC
SLDEP4 FORD EA 21.70$ 390.53$
14‐21 DAYS
369 43 EA
MEG‐A‐LUG GLAND KIT 6" CI/DI
EBAA / STAR GRIP
SIGMA DOMESTIC
SLDEP6 FORD EA 26.80$ 1,152.22$
14‐21 DAYS
370 20 EA
MEG‐A‐LUG GLAND KIT 8" CI/DI
EBAA / STAR GRIP
SIGMA DOMESTIC
SLDEP8 FORD EA 36.52$ 730.47$
14‐21 DAYS
371 67040800 100 EA
MEG‐A‐LUG GLAND KIT 12" CI/DI
EBAA / STAR GRIP
SIGMA DOMESTIC
SLDEP12 FORD EA 67.94$ 6,793.72$
14‐21 DAYS
372 67040815 10 EA
MEG‐A‐LUG GLAND KIT 16" DI CL52
EBAA / STAR GRIP
SIGMA DOMESTIC
SLDEP16 FORD EA 119.04$ 1,190.37$
14‐21 DAYS
373 5 EA
MEG‐A‐LUG GLAND KIT 18" DI CL52
EBAA / STAR GRIP
SIGMA DOMESTIC
SLDEP18 FORD EA 158.81$ 794.03$
14‐21 DAYS
374 5 EA
MEG‐A‐LUG GLAND KIT 20" DI CL52
EBAA / STAR GRIP
SIGMA DOMESTIC
SLDEP20 FORD EA 193.78$ 968.90$
14‐21 DAYS
375 49500080 5 EA O‐RING, VITON 1/2 SPEARS V‐115 SPEARS EA 0.17$ 0.84$ 14‐21 DAYS
376 49500085 5 EA O‐RING, VITON 1 SPEARS V‐215 SPEARS EA 0.36$ 1.78$ 14‐21 DAYS
DocuSign Envelope ID: 51EFDA27-3B67-429A-903A-6E286E616038
EXHIBIT E
377 49500090 5 EA O‐RING, VITON 2 SPEARS V‐330 SPEARS EA 1.36$ 6.81$ 14‐21 DAYS
378 67037815 30 EA PLUG, GRIPPER MECH 3 CHERNE CH 4100 CHERNE CH 4100 CHERNE EA 3.90$ 117.02$ 14‐21 DAYS
379 67037816 50 EA PLUG, GRIPPER MECH 4 CHERNE CH4110 CHERNE 270296 CHERNE EA 4.77$ 238.48$ 14‐21 DAYS
380 67037818 50 EA
PLUG, GRIPPER MECH 6
CHERNE CH 4130
CHERNE 6"
270253 CHERNE EA 12.93$ 646.60$ 14‐21 DAYS
SECTION H:Unit Price Extended price
ESTIMATED DELIVERY AFTER RECEIPT OF
ORDER (WORK DAYS)
381 67044720 300 EA
SADDLE, TAP WYE, FLEXIBLE 4" (SEWER)FERNCO TSW‐4 /
DFW#2804W04SF / DFW‐4Y/C FERNCO TSW‐4 STAN ROBE EA 28.41$ 8,522.51$ 14‐21 DAYS
382 67044725 25 EA
SADDLE, TAP WYE, FLEXIBLE 6" (SEWER) FERNCO TSW‐6 / NDS # DFW ‐
6Y/C, DFW#2812W06SFDFS4‐
12X6
FERNCO TSW‐6 STAN ROBE EA 37.02$
925.39$ 14‐21 DAYS
383 67052997 2 EA
SADDLE, TAP 16"X1" CSC, DIAPER (16" X
24") DUAL STRAP ONLY
SMITH
BLAIR#36200198809000, WITH
16"X 24" DIAPER S‐B EA 176.86$ 353.72$ 14‐21 DAYS
384 67052998 2 EA
SADDLE, TAP 16"X2" CSC, DIAPER (16" X
24") DUAL STRAP ONLY
SB#362001198815000, WITH
16"X 24" DIAPER S‐B EA 176.86$ 353.72$ 14‐21 DAYS
385 67052888 2 EA
SADDLE, TAP 20"X1" CSC, DIAPER (16" X
24") DUAL STRAP ONLY
SMITH BLAIR 362‐24309‐000,
WITH 16"X 24" DIAPER S‐B EA 201.87$ 403.75$ 14‐21 DAYS
386 67052889 2 EA
SADDLE, TAP 20"X2" CSC, DIAPER (16" X
24")DUAL STRAP ONLY
SMITH BLAIR 362‐243815‐000,
WITH 16"X 24" DIAPER S‐B EA 201.87$ 403.75$ 14‐21 DAYS
387 67039450 5 EA
SLEEVE, TAPPING 6" X 4" SST MJ
FORD#FTSS‐730‐4/POWERSEAL
FORD FTSS 730 4
MJ FORD EA 395.35$ 1,976.75$ 14‐21 DAYS
388 67039660 10 EA
SLEEVE, TAPPING 6" X 6" SST MJ POWERSEAL# 3490 MJ SS
6GX6, FORD #FTSS 730‐6‐MJ
FORD FTSS 730 6
MJ FORD EA 439.09$ 4,390.89$ 14‐21 DAYS
389 67039550 5 EA
SLEEVE, TAPPING 8" X 4" SST MJ
FOR#FTSS‐930‐4/POWESEAL
FORD FTSS 9304
MJ FORD EA 404.87$ 2,024.35$ 14‐21 DAYS
390 67039600 10 EA
SLEEVE, TAPPING 8" X 6 " SST MJ
PS 349008CO6O/FTSS‐9056‐MJ
FORD
FTSS9056MJ FORD EA 449.51$ 4,495.08$ 14‐21 DAYS
391 67039650 10 EA
SLEEVE, TAPPING 8" X 8" SST MJ POWER SEAL # 3490 8F OD905‐
945, FORD #FTSS ‐ 930 X8‐MJ
FORD
FTSS9308MJ FORD EA 579.62$ 5,796.23$ 14‐21 DAYS
392 67039750 5 EA
SLEEVE, TAPPING 10" X 6" SST MJ PS3490MJ11.10‐
11.50/FTSS1140X6
FORD
FTSS11406MJ FORD EA 458.67$ 2,293.35$ 14‐21 DAYS
393 67039800 5 EA
SLEEVE, TAPPING 10" X 8" SST MJ
POWERSEAL 3490
FORD
FTSS11408MJ FORD EA 663.68$ 3,318.38$ 14‐21 DAYS
394 67039980 5 EA
SLEEVE, TAPPING 12" X 12" SST MJ POWER SEAL#12 300 (1320‐
1360)
FORD
FTSS135012MJ FORD EA 1,138.07$ 5,690.37$ 14‐21 DAYS
395 67039850 5 EA
SLEEVE, TAPPING 12" X 4" SST MJ
FORD FTSS‐1350‐4/POWERSEAL
FORD
FTSS13504MJ FORD EA 472.02$ 2,360.10$ 14‐21 DAYS
396 67039900 5 EA
SLEEVE, TAPPING 12" X 6" SST MJ PS3490MJ1320‐1360/FTSS‐
1350‐6 ONLY
FORD
FTSS13506MJ FORD EA 495.43$ 2,477.17$ 14‐21 DAYS
397 67039950 5 EA
SLEEVE, TAPPING 12" X 8" SST MJ PS#3490MJ/SB#665.132008MJ.
000, 1320 TO 13.50 OD
FORD
FTSS13508MJ FORD EA 662.75$ 3,313.77$ 14‐21 DAYS
SECTION N:Unit Price Extended price
ESTIMATED DELIVERY AFTER RECEIPT OF
ORDER (WORK DAYS)
502 67037850 5 EA PUMP, SUMP & EFFLUENT 1 HP ZOELLER 140‐0002 N140 ZOELLER EA 365.00$ 1,825.00$ 14‐21 DAYS
514 67006000 150 GA LUBE, PIPE "EASE‐ON" EASE ON 8 LB BK ONLY SIGMA GAL 9.50$ 1,425.00$ 14‐21 DAYS
516 67006010 15 QT
PIPE COMPOUND SEALANT RECTORSEAL#5
SLOWDRY,SOFTSET
RECTORSEAL #5/ RECTORSEAL‐
23391 ONLY
RECTOSEAL#5 RECTORSEA EA 20.50$ 307.50$ 14‐21 DAYS
521 5 RL POLY TAPE 2" X 100' 10 MIL ACCUCAST EGW RL 4.00$ 20.00$ 14‐21 DAYS
523 67025400 15 RL ENCASEMENT, LDPE 29" X 200' ROLL 29DW1WP / D29200PWF812 EGW EA 64.12$ 961.73$ 14‐21 DAYS
524 67025480 5 RL ENCASEMENT, LDPE 52" X 200' ROLL 8 MIL, LDPE EGW EA 102.46$ 512.30$ 14‐21 DAYS
530 35060180 80 EA MARKER UTILITY (SEWER MANHOLE)CARSONITE 6884‐CSM EGW EA 19.25$ 1,540.00$ 14‐21 DAYS
531 35060170 40 EA MARKER UTILITY (WATER VALVE)ITEM#CTFM062008‐CWV116 EGW EA 19.25$ 770.00$ 14‐21 DAYS
532 35060160 30 EA MARKER WATER PIPELINE ITEM#CTFM062008‐CW112 EGW EA 19.25$ 577.50$ 14‐21 DAYS
541 72006000 40 EA
PUMP, UTILITY HAND OPERATED 6' HOSE
BECKSON MODEL #136PF6
BECKSON
HANDPUMP BECKSON EA 25.71$ 1,028.27$ 14‐21 DAYS
*Prices shall be inclusive of delivery/freight costs ‐ F.O.B. Denton
**Prices will be evaluated based on Domestic C110 unit prices. In case of calculation error, unit pricing shall prevail.
MORRISON SUPPLY COMPANY ‐ BR028
MORRISON SUPPLY COMPANY ‐ BR028
DocuSign Envelope ID: 51EFDA27-3B67-429A-903A-6E286E616038
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relat ionship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Sec tion 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this s ection is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local gov ernment officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: 51EFDA27-3B67-429A-903A-6E286E616038
F
X
NA
2/24/2016
X
na
X
na
X
Certificate Of Completion
Envelope Id: 51EFDA273B67429A903A6E286E616038 Status: Completed
Subject: Please DocuSign 5847: Morrison Contract Documents for Water/Sewer Inventory
Source Envelope:
Document Pages: 32 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 0 Rebecca Hunter
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
rebecca.hunter@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
2/22/2016 9:49:54 AM
Holder: Rebecca Hunter
rebecca.hunter@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Rebecca Hunter
rebecca.hunter@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Completed
Using IP Address: 129.120.6.150
Sent: 2/23/2016 1:28:15 PM
Viewed: 2/23/2016 1:28:26 PM
Signed: 2/23/2016 1:29:31 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Derek Hicks
dhicks@morsco.com
Branch Manager
Security Level: Email, Account Authentication
(Optional)Using IP Address: 173.224.157.41
Sent: 2/23/2016 1:29:33 PM
Resent: 2/24/2016 7:36:15 AM
Viewed: 2/24/2016 7:43:30 AM
Signed: 2/24/2016 7:54:51 AM
Electronic Record and Signature Disclosure:
Accepted: 2/24/2016 7:53:30 AM
ID: 1415dd58-e287-40e3-b70a-a10071f6d220
John Knight
john.knight@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 129.120.6.150
Sent: 2/24/2016 7:54:57 AM
Viewed: 2/24/2016 8:57:52 AM
Signed: 2/24/2016 8:58:04 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Julia Winkley
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Completed
Using IP Address: 129.120.6.150
Sent: 2/24/2016 8:58:07 AM
Viewed: 2/24/2016 9:29:09 AM
Signed: 4/5/2016 2:36:55 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Signer Events Signature Timestamp
George C. Campbell
george.campbell@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 129.120.6.150
Sent: 4/5/2016 2:36:59 PM
Viewed: 4/18/2016 8:59:26 AM
Signed: 4/18/2016 9:14:58 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Jennifer Walters
jennifer.walters@cityofdenton.com
City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 129.120.6.150
Sent: 4/18/2016 9:15:01 AM
Viewed: 4/22/2016 12:07:57 PM
Signed: 4/22/2016 12:09:42 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Julia Winkley
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 2/24/2016 7:54:54 AM
Viewed: 2/24/2016 8:01:17 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Sherri Thurman
sherri.thurman@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 2/24/2016 7:54:54 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Robin Fox
Robin.fox@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 4/5/2016 2:36:58 PM
Electronic Record and Signature Disclosure:
Accepted: 10/9/2015 11:39:51 AM
ID: 04463961-03db-4c4d-9228-d660d6146ed6
Carbon Copy Events Status Timestamp
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 4/22/2016 12:09:45 PM
Viewed: 4/27/2016 7:40:40 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Laura Hermosillo
Laura.hermosillo@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 4/22/2016 12:09:47 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Jane Richardson
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 4/22/2016 12:09:49 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Christopher Cornett
clcornett@morsco.com
Security Level: Email, Account Authentication
(Optional)
Sent: 4/22/2016 12:09:51 PM
Viewed: 4/22/2016 12:22:14 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Notary Events Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/22/2016 12:09:51 PM
Certified Delivered Security Checked 4/22/2016 12:09:51 PM
Signing Complete Security Checked 4/22/2016 12:09:51 PM
Completed Security Checked 4/22/2016 12:09:51 PM
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 4/20/2015 2:25:38 PM
Parties agreed to: Derek Hicks, Robin Fox
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: kevin.gunn@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at kevin.gunn@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to kevin.gunn@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to kevin.gunn@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.