ITB-2026-0024 - Ferric and Caustic Feed Pumps-el.docx.pdf

PART 1 - INVITATION TO BID (ITB)

SOLICITATION TITLE: FERRIC AND CAUSTIC FEED PUMPS

SOLICITATION NO.: ITB-2026-0024

Date Issued: September 4, 2026

Pre-Bid Conference: September 14, 2026 @ 2:00 PM (CT) Microsoft Teams Meeting Join on your computer or mobile app via:

https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting Meeting ID: 211 445 893 729 29 Passcode: nr6y6ke3 Or call in (audio only) Conference Number: 1-936-755-1521 Conference ID: 154 963 807# (Please mute your phone for the duration of the call)

Pre-Bid Questions Deadline:

September 18, 2026@ 5:00 PM (CT)

Solicitation Due Date: October 8, 2026@ 10:00 AM(CT)

Solicitation Contact Person:

Julie Ward 832.395.0592 Julie.ward@houstontx.gov

Project Summary: The City of Houston (“City”) is currently seeking Bids from qualified vendors to furnish and deliver Ferric and Caustic Feed Pumps for Houston Public Works

NIGP Code: 72055

W/SBE Goal: 0%

Important Notice About the City’s Early Payment Discount Program: The City’s standard payment term is to pay 30 days after the receipt of invoice or receipt of goods or services, whichever is later, according to the requirements of the Texas Prompt Payment Act (Tx. Gov’t Code, Ch. 2251). However, the City may pay in less than 30 days, at its option, in return for an early payment discount from the vendor.

Jedediah Greenfield, Chief Procurement Officer

Date

Docusign Envelope ID: 77389595-0C6D-8618-8317-3043C25BDF27

8/28/2026 https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

PART 2 – GENERAL INFORMATION

1.0 General Information

The City of Houston (“City”) is currently seeking Bids from qualified Vendors (hereinafter, Bidder, Contractor, or Vendor) to furnish and deliver Ferric and Caustic Feed Pumps for Houston Public Works

The City intends to award one or more awards for Ferric and Caustic Feed Pumps to the qualified Bidder(s) to assist the City with the aforementioned project.

THIS IS A ONE-TIME FORMAL BID.

2.0 City of Houston Background

The City is the fourth largest City in the United States and is composed of 23 departments with multiple physical locations throughout the geographical boundaries of the City. The City has approximately 23,000 employees with approximately 500 employees involved in the procurement and/or contracting process. Contracts/Awards where the City must pay in excess of $100,000 are routed to City Council for approval. The annual volume of contracts and purchase orders issued by the City in the last five years has ranged from 19,000 to 23,000.

3.0 Texas Public Information Act

All information submitted to the City is subject to the provisions of the Texas Public Information Act (TPIA), located in Chapter 552 of the Texas Government Code. Bidders may mark any information submitted, including their financial information, as confidential, trade secret, proprietary, or any other designation of choice. The City will notify any Bidder should their information be requested under the TPIA, and the Bidder will have an opportunity to assert their own arguments to the Texas Attorney General as to why their information should be excepted from public disclosure.

4.0 Solicitation Schedule

Listed below are the important dates for this ITB.

EVENT DATE

ITB Issuance September 4, 2026 Pre-Bid Conference September 14, 2026 Deadline for Questions September 18, 2026 Solicitation Due Date October 8, 2026 Notification of Intent to Award (estimated) October 2026 Council Agenda Date (estimated) November 2026 Award Start Date (estimated) November 2026

PART 3 – INSTRUCTIONS TO BIDDERS

The Bidder agrees to furnish and deliver Ferric and Caustic Feeder Pumps, FOB destination point as listed on the individual Purchase Orders, in accordance with the Net Prices and other conditions shown herein, and in accordance with the City's Specifications and General Terms and Conditions.

THE MANUFACTURER'S NAME, PRODUCT NAME AND PRODUCT NUMBER MUST BE

DESIGNATED IN THE SPACE PROVIDED IF BIDDERS ARE BIDDING AN “OR EQUAL” ITEM.

The Bid must be signed by an individual(s) legally authorized to bind the Bidder(s) and the Bidder shall hold the pricing contained therein for a minimum of 120 days.

The City reserves the option, after the solicitation due date, to increase or decrease the quantities listed, subject to the availability of funds, and/or make award by line item.

1.0 PRE-BID CONFERENCE

A Pre-Bid Conference will be held at the date, time, and location indicated on the first page of the ITB document. Interested Bidder(s) are encouraged to attend. It will be assumed that potential Bidder(s) attending this meeting have reviewed the ITB in detail and are prepared to bring up any substantive questions not already addressed by the City.

2.0 ADDITIONAL INFORMATION AND SPECIFICATION CHANGES

Requests for additional information and questions shall be addressed to the Finance Department, Strategic Procurement Division, Julie Ward, preferably by e-mail to Julie.ward@houstontx.gov or by telephone at (832) 395-0592 no later than the date and time shown on page one of this document. The City shall provide written responses to all questions received by Bidders prior to the solicitation due date. Questions received from all Bidder(s) shall be answered by the City and made available to Bidder(s) who are listed as having obtained the ITB. Bidder(s) shall be notified in writing of any changes in the specifications contained within this ITB.

3.0 LETTER(S) OF CLARIFICATION

3.1 All Letters of Clarification and interpretations to this Solicitation shall be in writing. Any Letter of Clarification(s) or interpretation that is not in writing shall not legally bind the City. Only information supplied by the City in writing or in this ITB shall be used in preparing bid responses.

3.2 The City does not assume responsibility for the receipt of any Letters of Clarification sent to Bidder(s).

3.3 Bidders may submit no more than 25 questions relating to this solicitation. Should more than 25 questions be received from a single Bidder, the City will only respond to the first 25 questions received.

3.4 When issued, Letters of Clarification shall automatically become part of this solicitation and shall supersede any previous specifications or provisions in conflict with the Letters of Clarification. It is the responsibility of the Bidder to ensure that it has obtained such letters. By submitting a Bid on this project, Bidder shall be deemed to have received all Letters of Clarification and to have incorporated them into its Bid.

4.0 EXAMINATION OF DOCUMENTS AND REQUIREMENTS

4.1 Each Bidder shall carefully examine all ITB documents and familiarize themselves with all requirements prior to submitting a Bid to ensure that the Bid meets the intent of this ITB. Bidders are advised to carefully review all the requirements and submit all documents and information as indicated in this ITB.

4.2 Before submitting a Bid, each Bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and affecting the requirements of this ITB.

Failure to make such investigations and examinations shall not relieve the Bidder from obligation to comply, in every detail, with all provisions and requirements of the ITB.

4.3 The City shall bear no responsibility for submitting a Bid on behalf of any Bidder. Bidder(s) may submit their Bid any time prior to the solicitation due date. The Bidder remains responsible for ensuring that its Bid is received by the solicitation due date. The City assumes no responsibility for any Bid not received, regardless of whether the delay is caused by some other act or circumstance.

5.0 BIDDING

5.1 Pricing for Specified Item(s):

5.1.1 Bidders may bid on one or more of the specified items listed.

5.1.2 Bids submitted must contain a unit price for the specified item(s). For any bid solicitation that contains a request for separate pricing of options for the specified item(s), pricing must be provided for both the specified item(s) and option(s) listed. If pricing is provided for only the listed option(s), the bid for that specified item will be deemed as non-responsive and will be rejected.

5.1.3 The unit price for any specified item shall be defined as the price for the manufacturer’s standard model, furnished complete with all standard equipment and factory installed accessories listed in the manufacturer’s printed literature for the respective unit, and any additional equipment defined herein by the City of Houston that is to be included.

5.1.4 In the official bid, if the bidder does not intend to submit a bid for one or more of the specified items listed, bidder shall check the "No Bid" Box.

5.2 Pricing for Listed Option(s): (If Applicable)

5.2.1 A unit price is required on every listed option for the specified item(s).

5.2.2 If a bidder “no bids” any listed option for which bids are requested for a specified item and the option is available for the specified item(s), the bid for that specified item will be deemed as non-responsive and will be rejected.

5.2.3 In the official bid, for any optional equipment requested, if the equipment that is requested is included as standard equipment by the manufacturer, or is offered by the bidder at no charge, the bidder shall check the “No Charge” Box, which will then indicate “$0.00” in the Unit Price column.

6.0 CANCELLATION

The City has sole discretion and reserves the right to cancel this ITB, or to reject any or all Bids received prior to award.

7.0 POST-BID DISCUSSIONS WITH BIDDER(S)

The City reserves the right to conduct post-bid discussions with any Bidder(s).

8.0 BIDDING AND AWARD

It is the intent of the City to award, on the basis of overall low net Bid meeting specifications for the entire award; however, the right is reserved to accept or reject in whole or in part any or all Bids received and to make an award on the basis of individual item, combination of items or overall best Bid, as it is deemed in the best interest of the City.

Award shall be made only to a Bidder that is responsive and responsible, as defined below:

Responsive: A Vendor that responds to all material requirements of any solicitation will be deemed responsive.

Responsible: A business entity or individual who has the integrity and reliability as well as the financial and technical capacity to perform the requirements of the solicitation and subsequent award will be deemed responsible. This assessment will include a review of all references on any projects performed by a business entity or individual, whether provided by the business entity or individual or known by the City.

9.0 BID DISQUALIFICATION

The City may disqualify a Bid if the Bidder: 1) improperly or illegibly completes the information required by this solicitation; 2) fails to sign the Official Signature Page or improperly signs the Official Signature Page; 3) qualifies its Bid; or 4) improperly submits its Bid.

When requested, the apparent low Bidder shall present satisfactory evidence that Bidder has regularly engaged in providing the commodities or performing the services as proposed, and has the capital, labor, equipment, and material to deliver the required commodities or perform the work.

10.0 SPECIAL BIDDERS NOTE

The specifications in this solicitation are to be bid exactly as published or amended by any letter(s) of clarification that may be issued pertaining thereto.

Provisions of this solicitation shall not be altered. Any alteration of figures or terms may invalidate the Bid on the item on which the alteration is made. Submission or attachment of company “Quotation Forms” containing alternative terms and/or conditions is not acceptable and may result in your Bid being determined as non-responsive.

11.0 LINE ITEMS

Only one item may be bid for each referenced line item. To bid the referenced line item and an alternate, Bidder must submit a separate Bid for each alternate item(s) with its own Official Signature Page.

Multiple Bids for the same line item will be just cause to reject a Bid from further consideration.

12.0 UNIT PRICE

The Bid should indicate the Unit Price for the specified item/service and the Total Price after multiplying the Estimated Quantity times the Unit Price. In case of conflict between Unit Price and the Total Price once computed using the Estimated Quantity, the Unit Price shall control. The Unit Price shall be inclusive of all costs, including insurance and transportation costs. Cash discounts will not be considered in the award of bids.

No change in price will be considered after the solicitation due date.

13.0 COMPETITION INTENDED

It is the City’s intent that this ITB permits competition. It shall be the Bidder’s responsibility to advise the Solicitation Contact Person in writing if any language, requirement, specifications, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in the ITB to a single source. Such notification must be received by the Solicitation Contact Person no later than seven (7) days prior to the solicitation due date.

14.0 REFERENCES

In order to receive bid award consideration, the Bidder must be able to demonstrate that it is currently providing or has had at least three (3) contracts, as a prime Vendor, for delivering goods or services that are similar in size and scope to this solicitation. The reference(s) should be included with the Bid.

If references are not included with the Bid, the Bidder shall be required to provide such references to the City within five (5) working days from receipt of a written request from the City to do so. Bidder’s capability and experience shall be a factor in determining the Vendor’s responsibility. Bidder must have references documenting that it has delivered goods or services that are similar in size and scope to this solicitation.

15.0 WITHDRAWAL OF BID

A bidder may withdraw its Bid before the solicitation due date, without prejudice, by submitting a written request through the City’s electronic bidding system.

16.0 REQUIRED FORMS/DOCUMENTS TO BE INCLUDED WITH BID

This section details the required forms that must be completed and submitted with the Bid.

1. Official Signature Page, List of References, and List of Proposed Subcontractors (Exhibit I)

2. Declaration of Hire Houston First Designation (Exhibit II – Attachment “D”)

3. City of Houston Ownership Information Form (Exhibit III)

4. Anti-Collusion Statement (Exhibit IV)

5. Conflict of Interest Questionnaire (Exhibit V)

17.0 REQUIRED FORMS/DOCUMENTS TO BE SUBMITTED BY RECOMMENDED VENDOR ONLY

This section lists other documents and forms that should be viewed/downloaded from the City’s website but are not required to be submitted with the Bid. The City will request these forms, as applicable, to be completed and submitted to the City by the recommended/successful Bidder.

1. Requested information outlined in the scope of work and other additional relevant/supporting information.

2. Texas Ethics Commission, Certificate of Interested Parties (Form 1295). Create a certificate at https://www.ethics.state.tx.us/filinginfo/1295/.

https://www.ethics.state.tx.us/filinginfo/1295/

PART 4 – SPECIAL CONDITIONS

1.0 PROTEST

A protest shall comply with and be resolved according to the City of Houston Protest Administrative Policy 5-12 and rules adopted thereunder. For more information, go to:

http://www.houstontx.gov/adminpolicies/5-12.pdf.

2.0 NO CONTACT PERIOD

Neither Bidder(s) nor any person acting on Bidder(s)'s behalf shall attempt to influence the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City, their families or staff members. All inquiries regarding the solicitation are to be directed to the designated City Representative identified on the first page of the solicitation.

With the exception of Bidder’s formal response to the solicitation and written requests for clarification during the period officially designated for such purpose by the City Representative, neither Bidder(s) nor persons acting on their behalf shall communicate with any appointed or elected official or employee of the City, their families, or staff through written or oral means in an attempt to persuade or attempt to persuade or influence the outcome of the award or to obtain or deliver information intended to or which could reasonably result in an advantage to any Bidder from the time of issuance of the solicitation through the pre-award phase and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award. However, nothing in this paragraph shall prevent a Bidder from making public statements to the City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council committee convened to discuss a recommendation regarding the solicitation.

3.0 PRESERVATION OF CONTRACTING INFORMATION

The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this solicitation and the contractor or Vendor agrees that the contract can be terminated if the contractor or Vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

4.0 EXECUTIVE ORDER 1-56 ZERO TOLERANCE FOR HUMAN TRAFFICKING IN CITY SERVICE

CONTRACTS AND PURCHASING

The City has a zero tolerance for human trafficking and, per Executive Order 1-56, City funds shall not be used to promote human trafficking. City Vendors are expected to comply with this Executive Order and notify the City’s Chief Procurement Officer of any information regarding possible violation by the Vendor or its subcontractors providing services or goods to the City. The Executive Order is available on the City’s website: http://www.houstontx.gov/execorders/1-56.pdf.

5.0 COMPLIANCE WITH CERTAIN STATE LAW REQUIREMENTS

Anti-Boycott of Israel. Vendor certifies that Vendor is not currently engaged in and agrees for the duration of this Agreement not to engage in, the boycott of Israel as defined by Section 808.001 of the Texas Government Code.

Anti-Boycott of Energy Companies. Vendor certifies that Vendor is not currently engaged in and agrees for the duration of this Agreement not to engage in, the boycott of energy companies as defined by Section 809.001 of the Texas Government Code.

Anti-Boycott of Firearm Entities or Firearm Trade Associations. Vendor certifies that Vendor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade

Docusign Envelope ID: 77389595-0C6D-8618-8317-3043C25BDF27 http://www.houstontx.gov/adminpolicies/5-12.pdf http://www.houstontx.gov/execorders/1-56.pdf association or will not discriminate against a firearm entity or firearm trade association for the duration of this Agreement, as defined by Section 2274.001 of the Texas Government Code.

Certification of No Business with Foreign Terrorist Organizations. For purposes of Section 2252.152 of the Texas Government Code, Vendor certifies that, at the time of this Purchase Order neither Vendor nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of Vendor, is a company listed by the Texas Comptroller of Public Accounts under Sections 2252.153 or 2270.0201 of the Texas Government Code as a company known to have contracts with or provide supplies to a foreign terrorist organization.

6.0 HIRE HOUSTON FIRST

In an effort to promote economic opportunity for Houston businesses and to support job creation, the Hire Houston First Program grants the City of Houston the ability to give a preference to eligible local companies, as long as their pricing is competitive. To be eligible for the preference, a company must be designated as a City Business (CB) or Local Business (LB) under the Hire Houston First Program prior to submittal of Bid. Bidders must submit a completed Declaration of Hire Houston First Designation form with the Bid.

To complete an application for the Hire Houston First program, visit http://www.houstontx.gov/obo/hirehoustonfirst.html. Applications can be submitted to the City of Houston Office of Business Opportunity via the online application system, by e-mail to HIREHOUSTONFIRST@houstontx.gov.

Participation in the Hire Houston First program is not required to bid on City of Houston contracts.

7.0 PROHIBITION OF BIDDING

City employees are prohibited from bidding on this solicitation in accordance with Section 15 – 1 of the City’s Code of Ordinances.

8.0 INTERLOCAL AGREEMENT

Under the same terms and conditions, the resulting contract may be expanded to other government entities through inter-local agreements between the City and the respective government entity that encompasses all or part of the products/services provided under this contract. Separate contracts will be drawn to reflect the needs of each participating entity.

9.0 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE

The Contractor shall comply with the City’s Equal Employment Opportunity Ordinance as set forth in Section 15-17 of the Code of Ordinances.

10.0 DRUG-FREE WORKPLACE COMPLIANCE

Bidder shall maintain a drug-free workplace and ensure that its employees, agents, and subcontractors engaged in the performance of work on this award are free from the unlawful use, possession, distribution, or manufacture of controlled substances and alcohol while on duty or on City premises. The requirements and terms of City of Houston Executive Order 1-31, as revised from time to time, relating to drug-abuse deterrence for City contractors, are incorporated into this award for all purposes. Bidder agrees it has reviewed Executive Order No. 1-31, as revised, and will comply with it.

http://www.houstontx.gov/obo/hirehoustonfirst.html mailto:HIREHOUSTONFIRST@houstontx.gov

PART 5 - TECHNICAL SPECIFICATIONS

1.0 GENERAL

1.1 This project requires the Bidder to furnish and deliver ferric and caustic feeder pumps equipped with CHEMAlarm NEMA 4X control and monitoring systems for the Houston Public Works location, in accordance with the specifications/scope of work, terms, and conditions specified in the solicitation.

1.2 The ferric and caustic feed pumps described herein shall be new, unused, and of the current year's production. The feed pumps shall be of the latest design, factory assembled, fully serviced, and free from defects in material and workmanship. The feed pumps shall be complete with all standard factory components, mounting hardware, and accessories required for installation and integration with the feeding system.

2.0 PRODUCT SPECIFICATION

2.1 Ferric Feed Pumps

2.1.1 Make: Pulsafeeder.

2.1.2 Series: PULSA Series 7440.

2.1.3 Model: 7440H-S-AE diaphragm metering pump.

2.1.4 Pump Type: Diaphragm metering pump suitable for ferric feed chemical service.

2.1.5 Maximum Flow Capacity: 243 gallons per hour (GPH).

2.1.6 Maximum Pressure Rating: 120 pounds per square inch gauge (PSIG).

2.1.7 Gear Ratio: 12.5:1.

2.1.8 Piston Diameter: 2.625 inches.

2.1.9 Motor Speed: 1,750 revolutions per minute (RPM).

2.1.10 The pump shall include a Chemalarm NEMA 4X control/monitoring system.

2.1.11 The pump shall be suitable for ferric feed chemical service and compatible with the existing ferric feed system.

2.2 QUANTITIES

2.2.1 Three (3) – Ferric Feed Pump

2.3 Caustic Feed Pumps

2.3.1 Manufacturer/Make: Pulsafeeder.

2.3.2 Series: PULSA Series 7120.

2.3.3 Model: 7120H-S-AE diaphragm metering pump.

2.3.4 Pump Type: Diaphragm metering pump suitable for caustic feed chemical service.

2.3.5 Maximum Flow Capacity: 156 gallons per hour (GPH).

2.3.6 Maximum Pressure Rating: 100 pounds per square inch gauge (PSIG).

2.3.7 Gear Ratio: 15:1.

2.3.8 Piston Diameter: 2.625 inches.

2.3.9 Motor Speed: 1,750 revolutions per minute (RPM).

2.3.10 The pump shall include a Chemalarm NEMA 4X control/monitoring system.

2.3.11 The pump shall be suitable for caustic feed chemical service and compatible with the existing caustic feed system.

2.4 QUANTITIES

2.4.1 Two (2) – Caustic Feed Pump

2.5 LABOR

2.5.1 The Contractor shall furnish and deliver the ferric feed pumps as specified. The City of Houston

Maintenance Team shall perform the installation, startup, and commissioning of the pump upon delivery and acceptance by the City.

3.0 DELIVERY

3.1 The ferric and caustic feed pumps shall be delivered at COH’s Maintenance Facility located at

3100 Genoa Red Bluff Rd, Houston, TX 77015, with sufficient capabilities of the delivery vehicle to suitably off-load the units.

3.1.1 All deliveries shall be made Monday through Friday between the hours of 7:00 a.m. and 3:30 p.m. (Central Time), excluding City-recognized holidays. Deliveries made outside of these hours will not be accepted unless prior written approval is obtained from the City.

3.1.2 The ferric and caustic feed pumps shall be secured to prevent any damage during travel and off-loading.

3.1.3 The delivery company must coordinate with the appropriate City of Houston Staff to ensure the ferric feed pumps are offloaded in the appropriate place and manner desired by the City of Houston.

3.1.4 Final Delivery details should also be coordinated with Richard Carter (832-331-9776) and

Anthony Florence (832-622-8056).

3.2 TOOLS AND SPARE PARTS

3.2.1 (2) Operations and Maintenance manuals.

4.0 TECHNICAL LITERATURE

4.1 To evaluate the Bids, the user department and the City purchasing staff may require product literature/specification sheets. Technical literature may be provided with the Bid submittal but is not required. However, the City reserves the right to request and require literature and/or clarifications, as needed, after bid submittal.

4.2 If required, Bidder must submit a minimum of TWO (2) SETS of the requested catalogue information, descriptive literature specifications and/or (if applicable) engineering drawings that completely identify the items bid. Bidder(s) shall furnish the requested literature within seven (7) calendar days after the receipt of the City’s written request. FAILURE ON BIDDER'S PART TO FURNISH THE REQUESTED TECHNICAL DATA IN THE TIME LIMIT SPECIFIED MAY BE CAUSE FOR REJECTION OF THE BID.

5.0 WARRANTY

5.1 The caustic feed pumps shall be warranted against defects in materials and workmanship for a period of 18 months from shipment or 12 months from start-up, whichever is less, and shall cover 100% of parts and labor for the unit. Should the manufacturer’s warranty exceed these requirements, the manufacturer’s warranty shall be in effect. Warranty products shall be provided without cost to the City.

It shall begin within 7 days after notification of the equipment failure or faulty material and shall be completed within a reasonable time frame, but not greater than 90 days. All freight charges to and from the vendor’s repair facility shall be borne by the seller during the warranty period.

PART 6 – GENERAL TERMS AND CONDITIONS

The City may accept this Bid by issuance of a Notice of Award Letter and/or a Purchase Order covering award of Bid to the Contractor/Supplier at any time on or before the 120th day following the solicitation due date. This offer shall be irrevocable for 120 days after the solicitation due date or for 90 days after City Council awards the Bid, whichever comes last, but this period may be extended by written agreement of the parties.

Prices quoted shall remain firm through delivery and shall not be subject to increases (or supplemented on Contractor/Supplier’s invoice(s) for payment).

The City reserves the option, after the solicitation due date, to adjust the quantities listed in the Bid upward or downward, subject to the availability of funds, and/or make award by line item. Therefore, the City shall not be liable for any contractual agreements/obligations the Contractor/Supplier enters into based on the City purchasing all the quantities specified herein.

The City reserves the right to INCREASE quantities during the twelve-month period following the issuance of the first purchase order subject to agreement in writing by the Contractor/Supplier to honor the same bid price. During this period, purchase orders will be issued for these items as needed. It is emphasized that the City of Houston does not guarantee any quantities; rather, the quantities may vary depending upon the actual needs of the various city departments.

1.0 PROMPT PAYMENT OF SUBCONTRACTORS

Vendor shall make timely payments to all persons and entities supplying labor, materials or equipment for the performance of this award. VENDOR SHALL DEFEND AND INDEMNIFY THE CITY FROM

ANY CLAIMS OR LIABILITY ARISING OUT OF VENDOR’S FAILURE TO MAKE THESE

PAYMENTS.

2.0 INVOICING

2.1 All invoices must be submitted through the City’s SAP Business Network (“Ariba”).

2.2 In order to expedite payment, all invoices must be itemized as to quantity, part number, description, and applicable discount (if any) in the same order and form as in the City’s Purchase Order. Variations will only delay payment. In addition, invoices must show the name of the Department, Division or Section to which the merchandise was delivered, and the City Purchase Order Number.

2.3 All delivery tickets must have a description of the commodity delivered.

2.4 Mail invoices to the Accounts Payable Section of the department and to the address, as noted on individual purchase orders.

2.5 Delivery tickets and packing slips shall contain the same information as the invoice.

2.6 All packing slips and delivery tickets must be signed by the receiving employee and must show his/her City employee number.

3.0 EXCEPTIONS TO TERMS AND CONDITIONS

3.1 All exceptions included with the Bid shall be submitted in a clearly identified separate section of the Bid in which the Bidder clearly cites the specific provision(s) within the ITB where the exception(s) occur.

Any exceptions not included in such a section shall be without force and effect in any resulting award unless such exception is specifically referenced by the Chief Procurement Officer or designee, City

Attorney, Director(s) or designee in a written statement. The Bidder’s preprinted or standard terms will not be considered by the City as a part of any resulting award.

3.2 All exceptions that are contained in the Bid may negatively affect the City’s bid evaluation or result in possible rejection of the Bid.

4.0 PAYMENT

4.1 The City’s standard payment term is to pay 30 days after receipt of invoice or receipt of goods or services, whichever is later, according to the requirements of the Texas Prompt Payment Act (Tx. Gov’t Code, Ch. 2251). However, the City may pay in less than 30 days, at its option, in return for an early payment discount from Vendor as follows:

- Payment Time - 10 Days: 2% Discount

- Payment Time - 20 Days: 1% Discount

4.2 If the City fails to make a payment according to the early payment schedule above but does make the payment within the time specified by the Prompt Payment Act, the City shall not receive the discount, but shall pay no other penalty. When the payment date falls on a Saturday, Sunday, or official holiday when City offices are closed, and City business is not expected to be conducted, payment may be made on the following business day.

5.0 CONTAMINATED MATERIALS

Each Vendor shall be required to identify its source of supply. No material will be accepted from a hazardous or toxic waste site, regardless of whether the site has been identified by either a Local, State or Federal Agency. No contaminated, toxic, hazardous waste products or heavy metal products shall be contained in these deliveries. If any material supplied to the City is found to be contaminated or contain heavy metal products, it will be the responsibility of the Vendor to remove and replace the contaminated product at their expense and at no cost to the City. The City has the option to solicit the removal of any contaminated material and charge back the Vendor any and all costs involved.

6.0 INSPECTIONS AND AUDITS

6.1 The City reserves all rights to review all payments made to Vendors by auditing at a later date.

Subject to such audit, any overpayments may be recovered from the Vendor.

6.2 Representatives of the City have the right to examine the books of all subcontractors and/or Vendors supplying goods and/or services under the prime award insofar as those books and records relate to performance under the prime award.

6.3 City representatives may have the right to perform, or have performed, (1) audits of Vendor’s books and records, and (2) inspections of all places where work is undertaken in connection with this award.

Vendor shall keep its books and records available for this purpose for at least three (3) years after this award terminates. This provision does not affect the applicable statute of limitations.

7.0 SPECIFIED EQUIPMENT OR EQUIVALENT

7.1 Wherever in the specifications any materials or processes are indicated or specified by patent of proprietary name and/or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating descriptions of the performance, materials and/or processes desired and shall be deemed to be followed by the words, "or equivalent", if not so stated in the specifications herein.

7.2 The burden of proof shall rest with the Bidder, in the course of a technical evaluation, to prove that the proposed item(s) are equivalent to the performance, materials, processes, or articles specified.

DETERMINATION AS TO WHETHER THE ITEM(S) BID IS/ARE EQUIVALENT TO THOSE

SPECIFIED SHALL REST SOLELY WITH THE CHIEF PROCUREMENT OFFICER AND THE

RECEIVING DEPARTMENT.

8.0 DELIVERIES

8.1 The Vendor agrees to make deliveries only upon receipt of duly signed and approved Purchase Orders issued by the City’s Chief Procurement Officer or designee. Delivery made without such Purchase Order shall be at Vendor’s risk and shall leave the City the option of canceling any award implied or expressed herein.

8.2 Unless otherwise stated in the Bid or Specifications, deliveries must consist only of new and unused merchandise.

8.3 Full tare must be allowed, and no charges made for packages.

8.4 In the event that the deliveries of the supplies covered in the solicitation are not made within the number of days specified, or in the event that the supplies delivered are rejected, and are not removed and replaced within the number of days specified in the official notice of rejection, the City reserves the right to terminate. The defaulting Vendor will be deemed non-responsible and will be disqualified from bidding on the solicitation if it is re-let by the City within ninety (90) calendar days of such termination.

8.5 The Bidder must demonstrate its ability to secure and deliver any item within five (5) working days.

Forty-eight (48) hour delivery services may be required in some instances; therefore, the Bidder must be able to provide such service.

9.0 SHIPPING TERMS

Prices shall be F.O.B. Destination to the delivery location designated herein or on a purchase order.

The Vendor shall retain title and control of all goods until they are delivered, and the award of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Vendor. The Vendor shall file all claims for visible or concealed damage. The City will notify the Vendor promptly of any damaged goods and shall assist the Vendor in arranging for inspection.

10.0 MATERIALS

The items furnished shall be the latest product in production to commercial trade and shall be of the highest quality as to materials used. The Vendor furnishing these items shall be experienced in the production of such items and shall furnish evidence of having supplied similar items, which have been in successful operation. The Bidder shall be an established Vendor of the items bid.

11.0 RESTOCKING (EXCHANGES AND RETURNS)

There will be no restocking charge to the City for return or exchange of any item purchased under the terms of this award. If the City wishes to return items purchased under this award, the Vendor agrees to exchange these items for other items, with no additional charge incurred. Items must be returned to the Vendor within thirty (30) calendar days from the date of delivery. If there is a difference in price in the items exchanged, the Vendor shall invoice the City for the increased price or provide the City with a credit or cash refund for any decrease in price. On items returned, a credit or cash refund will be issued by the Vendor to the City. This return and exchange option shall extend for thirty (30) calendar days following the expiration date of the award. All items returned by the City must be unused and in the same merchantable condition as when received. Items that are special ordered and/or stocked by the Vendor at the specific request of the City may be returned only upon approval of the

Vendor.

12.0 ADDITIONS & DELETIONS

The City, by written notice from the Chief Procurement Officer to the Vendor, at any time during the term of this award, may add or delete like or similar equipment, supplies, locations and/or services to the list of equipment, supplies, locations, and/or services to be provided. Any such written notice shall take effect on the date stated in the notice from the City. Similar equipment, supplies, services, or locations added to the award shall be in accordance with the solicitation specification/scope of services, and the charges or rates for items added shall be the same as specified on the Bid. In the event additional equipment, supplies, locations and/or services are not identical to the item(s) already awarded, the charges therefore will then be the Vendor’s normal and customary charges or rates for the equipment, supplies, locations and/or services classified on the Bid.

13.0 FORCE MAJEURE

13.1 Timely performance by both parties is essential to the award. However, neither party is liable for delays or other failures to perform its obligations to the extent the delay or failure is caused by Force Majeure. Force Majeure means fires, floods, explosions, and other acts of God, war, terrorist acts, riots, court orders, and the acts of superior governmental or military authority.

13.2 This relief is not applicable unless the affected party does the following:

13.2.1 Uses due diligence to remove the Force Majeure as quickly as possible; and

13.2.2 Provides the other party with prompt written notice of the cause and its anticipated effect.

13.3 The City may perform or solicit functions itself during periods of Force Majeure. Such performance does not constitute a default or breach of this award by the City.

13.4 If the Force Majeure continues for more than 30 days, the Chief Procurement Officer or Director, upon written authorization by the Chief Procurement Officer, may terminate this award by giving 30 days' written notice to Vendor. This termination is not a default or breach. VENDOR WAIVES ANY

CLAIM IT MAY HAVE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE

TERMINATION EXCEPT FOR AMOUNTS DUE AT THE TIME OF THE TERMINATION.

14.0 SAMPLES

14.1 If requested by the City, the two (2) apparent low Bidders will be required to submit samples of the items proposed within seven (7) calendar days of such request. The samples will be used to determine if the proposed items meet the specifications stated herein.

14.2 If the Bidder fails to provide samples within the seven (7) calendar day period, as required, the City may reject the Bid and not consider it for further evaluation.

14.3 These samples, if not subject to destructive testing, will be returned to the supplying Bidder. A notice will be mailed to the Bidder when samples are ready to be released by the City. Bidder will have fourteen (14) calendar days to redeem the samples. If samples are not redeemed within this time period, the City cannot be responsible for condition or loss of the subject items.

15.0 RELEASE

PRIME VENDOR AGREES TO AND SHALL RELEASE THE CITY, ITS AGENTS, EMPLOYEES,

OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE “CITY”) FROM ALL LIABILITY

FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN

CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, UNLESS

THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE CITY’S SOLE OR CONCURRENT

NEGLIGENCE AND/OR THE CITY’S STRICT PRODUCTS LIABILITY OR STRICT STATUTORY

LIABILITY.

16.0 INDEMNIFICATION

16.1 PRIME VENDOR AGREES TO AND SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS

AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE

“CITY”) HARMLESS FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES

(INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, COURT COSTS, AND ALL OTHER

DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR

PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER

THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY:

(1) PRIME VENDOR’S AND/OR ITS AGENTS’, EMPLOYEES’, OFFICERS’, DIRECTORS’,

CONTRACTORS’, OR SUBCONTRACTORS’ (COLLECTIVELY IN NUMBERED PARAGRAPHS 1-3,

"PRIME VENDOR") ACTUAL OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR

OMISSIONS;

(2) THE CITY’S AND PRIME VENDOR’S ACTUAL OR ALLEGED CONCURRENT NEGLIGENCE,

WHETHER PRIME VENDOR IS IMMUNE FROM LIABILITY OR NOT; AND

(3) THE CITY’S AND PRIME VENDOR’S ACTUAL OR ALLEGED STRICT PRODUCTS LIABILITY OR

STRICT STATUTORY LIABILITY, WHETHER PRIME VENDOR IS IMMUNE FROM LIABILITY OR

NOT.

16.2 PRIME VENDOR SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY HARMLESS DURING

THE TERM OF THIS AGREEMENT AND FOR FOUR YEARS AFTER THE AGREEMENT

TERMINATES. PRIME VENDOR’S INDEMNIFICATION IS LIMITED TO $500,000 PER

OCCURRENCE. PRIME VENDOR SHALL NOT INDEMNIFY THE CITY FOR THE CITY'S SOLE

NEGLIGENCE.

16.3 INDEMNIFICATION PROCEDURES:

(1) Notice of Claims. If the City or Prime Vendor receives notice of any claim or circumstances which could give rise to an indemnified loss, the receiving party shall give written notice to the other party within 10 days. The notice must include the following:

(a) a description of the indemnification event in reasonable detail,

(b) the basis on which indemnification may be due, and

(c) the anticipated amount of the indemnified loss.

This notice does not estop or prevent the City from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. If the City does not provide this notice within the 10-day period, it does not waive any right to indemnification except to the extent that Prime Vendor is prejudiced, suffers loss, or incurs expense because of the delay.

(2) Defense of Claims

(a) Assumption of Defense. Prime Vendor may assume the defense of the claim at its own expense with counsel chosen by it that is reasonably satisfactory to the City. Prime Vendor shall then control the defense and any negotiations to settle the claim. Within 10 days after receiving written notice of the indemnification request, Prime Vendor must advise the City as to whether or not it will defend the claim.

If Prime Vendor does not assume the defense, the City shall assume and control the defense, and all defense expenses constitute an indemnification loss.

(b) Continued Participation. If Prime Vendor elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Prime Vendor may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Vendor does not fund in full, (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

17.0 WORKER'S COMPENSATION INSURANCE

On any City award with a labor component or any award where Vendor delivery people make deliveries for City sites, Workers' Compensation Insurance as shown in the Insurance Section is required.

18.0 INSURANCE

18.1 If performance of this award requires Vendor to provide labor in addition to supplies, labor and materials, the Vendor shall have and maintain in effect insurance coverage and furnish certificates of insurance showing the City as an additional insured, in duplicate form, prior to the beginning of the award. The City shall be named as an additional insured on all such policies except Worker's Compensation. The issuer of any policy shall have a Certificate of Authority to transact insurance business in the State of Texas or have a Best's rating of at least B+ and a Best's Financial Size Category of Class VI or better, according to the most current edition of Best's Key Rating Guide, Property-Casualty United States. Comprehensive General Liability including Contractual Liability and Automobile Liability insurance shall be in at least the following amounts: Automobile Liability Insurance for autos furnished or used in the course of performance of this award including Owned, Non-owned, and Hired Auto coverage (Any Auto coverage may be substituted for Owned, Non-owned and Hired Auto coverage.) If no autos are owned by Vendor, coverage may be limited to Non-owned and Hired Autos. If Owned Auto coverage cannot be purchased by Vendor, Scheduled Auto coverage may be substituted for Owned Auto coverage. EACH AUTO USED IN PERFORMANCE OF THIS AWARD MUST BE COVERED IN THE LIMITS SPECIFIED - $1,000,000.00 Combined Single Limit.

18.2 Worker's Compensation, including Broad Form All States endorsement, shall be in statutory amount.

18.3 All insurance policies required by this award shall require by endorsement that the insurance carrier waive any rights of subrogation against the City; Vendor shall give thirty (30) days' written notice to the City before they may be cancelled, materially changed, or non-renewed. Within such thirty (30) day period Vendor covenants that it will provide other suitable policies in lieu of those about to be cancelled so as to maintain in effect the coverage required under the provisions hereof. Failure or refusal of the Vendor to obtain and keep in force the above-required insurance coverage shall authorize the City, at its option, to terminate this award at once.

18.4 ONLY UNALTERED ORIGINAL INSURANCE CERTIFICATES, EXCLUDING ANY ALTERATION

AND INITIALS REGARDING CANCELLATION WHICH IS MADE TO MEET CITY REQUIREMENTS,

AS ENDORSED BY THE UNDERWRITER ARE ACCEPTABLE. PHOTOCOPIES ARE

UNACCEPTABLE.

18.5 All certificates of insurance submitted by Vendor shall be accompanied by endorsements for additional insured coverage in favor of the City for Commercial General Liability and Automobile Liability policies; and waivers of subrogation in favor of the City for Commercial General Liability, Automobile

Liability, and Worker's Compensation/Employers' Liability policies. For a list of pre-approved endorsement forms, see http://purchasing.houstontx.gov/forms/Sample_Insurance_Endorsements.pdf.

The Director will consider all other forms on a case-by-case basis.

19.0 SILENCE OF SPECIFICATIONS:

The apparent silence of these specifications as to any detail or the apparent omission from them of a detailed description concerning any point shall be regarded as meaning that only the best commercial practice shall prevail and only materials and workmanship of first quality are acceptable.

All interpretations of these specifications shall be made upon the basis of this statement.

20.0 SUCCESSORS AND ASSIGNMENTS

Vendor may not assign this award or dispose of substantially all of its assets without the written consent of the Chief Procurement Officer. Vendor’s failure to obtain such consent shall be an event of default, authorizing the Chief Procurement Officer to terminate this award according to its terms.

21.0 WOMAN AND SMALL BUSINESS ENTERPRISES (“W/SBE”)

It is the City of Houston’s policy to ensure that Women and Small Business Enterprises (W/SBE) have full opportunity to compete for and participate in City Contracts. Contractor shall comply with the City’s W/SBE Program as set forth in Chapter 15, Article V of the City of Houston Code of Ordinances, as well as the Policies and Procedures of the Office of Business Opportunity (OBO) found on OBO’s website at https://www.houstontx.gov/obo/policies-procedures.html. Contractor shall make good faith efforts to award subcontracts and supply agreements in at least 0% of the value of the Agreement to certified W/SBEs. If the Contractor is a certified WBE or SBE, Contractor may count its self-performance to meet a portion of the overall goal. Contractor acknowledges that they have reviewed the requirements for good faith efforts on file with OBO, available at https://www.houstontx.gov/obo/docsandforms/goodfaithefforts.pdf, and will comply with the set forth requirements.

Contractor shall maintain records of subcontracts and supply agreements with certified W/SBEs, containing language required herein. In addition, Contractor shall submit all disputes that may arise with W/SBE subcontractors/supplies to mediation provided by OBO if other attempts do not result in a resolution.

22.0 TAXES

22.1 The City is exempt from the Federal Excise and Transportation Tax, and the limited Sales and Use Tax. Unless the Bid or Specifications specifically indicate otherwise, the price bid must be net exclusive of above-mentioned taxes and will be so construed. A Vendor desiring refunds of, or exemptions from, taxes paid on merchandise accepted by the City, must submit the proper forms, and the Chief Procurement Officer, if satisfied as to the facts, will approve or issue the necessary certificates.

22.2 The tax exemption numbers are 74-600-1164 (Federal) and 1-74-600-1164-0 and (State/City).

23.0 AWARD

23.1 The City reserves the right to consider and make awards of Bids on articles of similar nature that will in all respects serve the purpose for which the purchase is being made.