RFB 26-653-09-30 Meter Connect Supplies.pdf

CITY OF MISSION

SOLICITATION, OFFER AND AWARD FORM

SOLICITATION INFORMATION

REQUEST FOR BIDS (RFB)

1. BID NO.: 26-653-09-30 4. BRIEF DESCRIPTION:

2. ISSUE DATE: September 16, 2026

Meter Connect Supplies

3. FOR INFORMATION CONTACT: (No collect calls)

NAME: Edgar Chapa, Contracts Administrator

TELEPHONE: (956) 580-8667 FAX:

E-MAIL: echapa@missiontexas.us

5. PRE-BID CONFERENCE:

(Strongly Recommended)

**** There WILL not be a conference. ****

6. ADVERTISING DATES:

1st Week of Advertisement Date: __09__/_16___/_26___

2nd Week of Advertisement Date: __09__/_23___/_26___

7. SUBMIT OFFER TO: 8. OFFER SUBMISSION DUE DATE AND TIME:

Mailing/Hand/Commercial Courier Delivery

City of Mission Purchasing Department

1201 E. 8th Street R101 Mission, TX 78572

Bid # 26-653-09-30

DATE: Monday, September 30, 2026

TIME: 2:00 PM CST

Zoom Bid Opening Meeting Information Meeting ID: 220 547 6707 Password: 9iYEY2

9. No Facsimiles or late arrivals will be accepted. Any bid received after offer submission due date and time will not be opened and will be returned. City of Mission Purchasing Department time stamp clock will be the governing time for acceptability of bids.

Overnight mail must also be properly labeled on the outside of the express envelope or package in reference to RFB.

10. SUBMIT WITH OFFER: Original offer and 1 photocopy including documents and attachments so indicated on Page 2 of this form.

11. Offers submitted in response to an RFB will be opened publicly by The City of Mission Purchasing Department, immediately after the submission due date and time. Offers submitted in response to an RFP will NOT be publicly opened.

12. FIRM OFFER PERIOD: Offers submitted shall remain firm for a period of 60 calendar days from the final due date for proposals.

13. NOTE: For Invitation for Bids, “offer” and “offeror” mean “bid” and “bidder”.

OFFER

(To be completed by Offeror)

14. In compliance with the above, the undersigned agrees, if this offer is accepted within the period specified in Block 12, above, to furnish any or all items, or provide the service(s), upon which prices are offered in the Schedule at the price set opposite each item or service, and to deliver the item(s) and or perform the service(s) at the designated location(s) within the time specified.

15. BIDDER’S NAME, ADDRESS: (Type or Print) 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN THE OFFER: (Type or Print)

TELEPHONE:

CELL PHONE:

E-MAIL:

FAX:

17. BIDDER’S SIGNATURE & DATE:

AWARD

(To be completed by City of Mission)

18. TOTAL AMOUNT OF AWARD:

19. DIRECTOR OF PURCHASING SIGNATURE & DATE OF AWARD:

Name:

Signature: ____________________________________

Date: ____/____/____ mailto:echapa@missiontexas.us

SOLICITATION INDEX

20. CONTENTS: (DOCUMENTS WITH A YES ARE TO BE SUBMITTED WITH OFFER)

NAME FORM DESCRIPTION SUBMIT WITH OFFER?

Cover Sheet Solicitation, Offer and Award Form (Complete in its entirety to include Sign and Date)

YES

Instructions to Bidders

Instructions to Bidder --General Terms & Conditions YES Delivery Terms YES Insurance Certificate (This form will be requested after Award of Contract) NO

Non-Collusive Bidding Certificate Vendor Acknowledgement Form (Signed and Executed) YES Pricing Schedule Signed and Completed (Signed and Executed) YES

Addenda(s) Confirmation Receipt of Addendum(s) Upon Release (Signed and Executed)

YES

S.B. 252 Certification Form S.B. 252 Certification Form (Signed and Executed) YES

Disclosure of Interested Parties Disclosure of Interested Parties Certificate This form will be requested after Award of Contract (Signed and Executed)

NO

CIQ Questionnaire Conflict of Interest Questionnaire This form will be requested before Award of Contract (Signed and Executed)

NO

Bidder’s General Questionnaire General Questions (Supporting Documentations) (Signed and Executed)

YES

Specifications/Scope of Work Description of Meter Connect Supplies YES

****Firm name and authorized signature must appear on each page that calls For this information. Failure to do so may disqualify your Bid. ****

City of Mission Solicitation – “Meter Connect Supplies / RFB: 26-653-09-30” Page 1 of 20

City of Mission Instructions to Bidder – General Terms & Conditions

Bid Name/No.: Meter Connect Supplies / RFB: 26-653-09-30

Please read your specifications thoroughly and be sure that the offered product complies with all requirements. Any variation from the specifications will not be allowed. If you are the successful bidder, it will be required that Meter Connect Supplies be provided as specified.

(1) Introduction and Purpose of Solicitation

The City is seeking sealed bids for the Meter Connect Supplies.

Bidders are to submit sealed bids for “Meter Connect Supplies” in accordance with the specifications attached hereto.

All specifications shown are minimum requirements. There is no intention to disqualify any bidder who can meet or exceed these specifications.

One (1) original and one (1) copies of RFB must be enclosed in a sealed envelope with vendor’s name and return address clearly typed/printed on upper left hand corner and proper notation clearly type/printed on the lower left hand corner “Request for Bids” –“Meter Connect Supplies / Bid No. 26-653-09-30” and delivered to City of Mission Procurement Department, 1201 East 8th Street, Mission, Texas 78572 on or before 2:00 p.m., Wednesday, September 30, 2026. No Facsimiles or late arrivals will be accepted. Any RFB received after that time will not be opened and will be returned.

Bidders are strongly encouraged to deliver their submittal via hand-delivery/runner. Any RFB received after that time will not be opened or considered and will be returned.

*** Be advised that mailing (ex: USPS, FedEx, UPS) are accepted submittals; however, the Proposer/sender bears total responsibility of any mail delayed or errors/mishaps of delivery ***

(2) Type of Business

(a) The Bidder represents as part of its offer that it operates as (Mark one with an "X"):

an individual a sole proprietorship a partnership a corporation another entity ____________________.

(3) Interest of Public Officials

The offeror represents and warrants that no employee, official, or member of the Council (Executive Committee) of the City is or will be peculiarly interested in or benefited directly or indirectly as a result of this contract.

(4) Covenant Against Gratuities

The offeror represents as part of its offer that neither it nor any of its employees, representatives or agents have offered or given gratuities (in the form of entertainment, gifts or otherwise) to any director, officer or employee of the City with the view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performing of the contract.

(5) Preparation of Bids

(a) Bidders are expected to examine the Pricing Schedule, General Terms & Conditions, all drawings, specifications, the statement of work, and all other provisions of, and attachments to, the solicitation, whether incorporated by reference or otherwise, prior to the submission of bids. Failure to do so will be at the bidder's risk.

(b) Each bidder shall furnish the information required by the solicitation. Bids shall be submitted on the bid form contained in the solicitation. Bidders shall sign and print or type their name on the bid form and each continuation sheet on which they make an entry. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent

City of Mission Solicitation – “Meter Connect Supplies / RFB: 26-653-09-30” Page 2 of 20 of the bidder (other than an officer or a partner of the bidder) are to be accompanied by evidence of the agent's City (unless such evidence has been previously furnished to the City).

(c) All blanks on the bid form shall be filled in by typewriter or printed in ink with a firm fixed unit price for items bid. In case of any discrepancy between a unit price and any extended or total price required by the bid form, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

(d) Bids for property or services other than those specified in the Schedule will not be considered unless specifically authorized in the solicitation. Any condition, qualification, or limitation of the bid may be a basis for rejection of the bid as nonresponsive.

(e) The bidder must state a definite time for delivery of property or for performance of services unless otherwise specified in the solicitation. All measurements shall be in the system of weights and measures in common usage in the United States, and pricing shall be in U.S. dollars.

(6) Submission of Bids

(a) Bids and modifications thereof shall be enclosed in sealed envelopes or sealed cartons and submitted to the Buyer of the City of Mission at the address specified in the solicitation. The bidder shall show the hour and date specified in the solicitation for receipt of bids, the solicitation number, and the bidder's name, address, and telephone number on the face of the envelope or carton.

(b) Samples of items, when required, must be submitted within the time specified and, unless otherwise specified in the solicitation, at no expense to the City. If not destroyed by testing, samples will be returned at the bidder's request and expense, unless otherwise specified in the solicitation.

(c) Each copy of the bid shall include the legal name of the bidder and a statement whether the bidder is a sole proprietorship, a corporation, or any other legal entity. A bid for a corporation shall further give the state of incorporation and have the corporate seal affixed to it.

(7) Pre-Bid Conference and Questions Concerning the Solicitation

(a) A pre-bid conference is not scheduled.

(b) Questions and requests for clarification relating to this solicitation, shall be submitted in writing, to the contact person identified in the Solicitation, Offer and Award Form by email, or commercial courier, at least three (3) working days in advance of the scheduled conference to allow sufficient time for responses to be considered and prepared by the City. Questions concerning the solicitation that are not addressed at the conference, if one is held, shall be submitted in writing no later than five (5) working days in advance of the offer submission due date and time, which is the minimum time required for the City’s reply to reach offerors before the offer submission due date and time, as required by the "Acknowledgement of Amendments to the Invitations for Bids" clause. Questions received less than five (5) working days in advance of the offer submission due date and time will be responded only if the City determines that the question and its response would have a material and substantive impact on the solicitation.

(8) Explanation to Bidders

Any explanation desired by a bidder regarding the meaning or interpretation of the solicitation, drawings, specifications, etc., must be requested in writing from the City’s authorized representative and with sufficient time allowed for a reply to reach bidders before the submission of bids. Any communication held with city employees, council members, or representatives other than the Procurement staff may be subject to rejection of bid. Oral explanations or instructions given before the award of any contract, at any pre-bid conferences or otherwise, will not be binding on the City. Any information given to a bidder concerning an interpretation of the solicitation will be furnished to all bidders as an addendum(s) to the solicitation, if such information is necessary to bidders in submitting bids on the solicitation or if the lack of such information would be prejudicial to uninformed bidders.

From the time of issuance of this solicitation until the final award is made and announced, all offerors, vendors, consultants, or individuals acting on their behalf are strictly prohibited from communicating with members of the City https://missiontexas.sharepoint.com/sites/Purchasing/Shared%20Documents/Solicitation%20Fldr/RFB's/26-653%20Meter%20Connect%20Supplies/11%20Solicitation%20and%20Addendums/Terms%20and%20Conditions%20Meter%20Connect%20Supplies%2026-653.docx file://IKONSERVER/NetworkFiles_Ikonserver/Purchase/Network%20Backup%20Files/SOLICITATIONS/RFB's/23-392%20Cold%20Water%20Meters/New%20Terms%20and%20Conditions%20Cold%20Water%20Meters.docx

City of Mission Solicitation – “Meter Connect Supplies / RFB: 26-653-09-30” Page 3 of 20

Council, the City Manager, or any City staff other than the designated Procurement Officer regarding any aspect of this solicitation.

Any attempt to influence the outcome of the procurement process through direct or indirect communication with City officials or employees outside of the approved channels may result in disqualification of the vendor from consideration.

All questions or clarifications must be directed in writing to the Procurement Officer listed in this solicitation.

(9) Acknowledgement by Signature

Bids must give full firm name and address of bidder, and be manually signed. Failure to do so will disqualify your bid. Person signing bid must show title or AUTHORITY TO BIND THE FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information.

(10) Acknowledgment of Addendum(s) to Invitation for Bids

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any addendum(s) to this solicitation: by signing and returning the addendum(s). The City must receive the acknowledgment by the time and at the place specified for receipt of bids.

(11) Alter or Amend

Bids cannot be altered or amended after opening time. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. No bid may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of Mission.

(12) STATE SALES TAX MUST NOT BE INCLUDED IN BID

(13) Substitutions

No substitutions or cancellations permitted without written approval of the City of Mission

(14) Exceptions/Deviations

Bidder shall identify each exception or deviation from the specifications by item number and provide a detailed explanation for review by the City’s designated Public Works representative. Any parts not specifically mentioned which are necessary for the work to be complete and for use or which are normally furnished as standard equipment or materials shall be furnished by the successful bidder and shall confirm in strength, quality, and workmanship to the accepted standard of the industry. Failure to identify an exception shall constitute the bidder's agreement to furnish the item exactly as specified.

(15) Contract Type

This is a firm fixed unit price contract for the Meter Connect Supplies. Unit prices shall remain firm throughout the initial one-year term. If the renewal option is exercised, prices may be increased by no more than the percentage stated by the Vendor in its bid, subject to the City's written approval.

(16) Award of Contract

(A) The contract will be awarded to the lowest responsive and responsible bidder whose bid, conforming to the solicitation. A responsible bidder is one who affirmatively demonstrates to the City that the bidder has adequate financial resources and the requisite capacity, capability, and facilities to perform the contract within the delivery period or period of performance, has a satisfactory record of performance on other comparable orders, has a satisfactory record of integrity and business ethics, and is otherwise qualified and eligible to receive award under the solicitation and laws or regulations applicable to the procurement.

(B) In determining the best value for the municipality, the municipality may consider:

City of Mission Solicitation – “Meter Connect Supplies / RFB: 26-653-09-30” Page 4 of 20

1) the purchase price;

2) the reputation of the bidder and of the bidder’s goods or services;

3) the quality of the bidder’s goods or services;

4) the extent to which the goods or services meet the municipality’s needs;

5) the bidder’s past relationship with the municipality;

6) the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

7) the total long-term cost to the municipality to acquire the bidder’s goods or services;

8) any relevant criteria specifically listed in the request for bids or proposals.

(C) One Award

One contract award is anticipated under this solicitation. Multiple contract awards shall not be made. It is the intent of the City of Mission to award the bid to the lowest responsive and responsible bidder or to the bidder who provides goods or services at the best value for the municipality. Upon the City’s issuing an award of this bid, this bid shall be countersigned by an authorized representative of the City which will result in a binding contract without further action by either party.

(D) Estimated Quantities

The quantities specified in the Schedule are estimates only, and are used as a basis for determining award of the contract. The estimated quantities do not constitute a guarantee, minimum purchase commitment, or maximum purchase obligation by the City. Purchases will be made in amounts needed and on an as needed basis.

(E) Unit and Extended Pricing

Offerors shall insert the unit price and extended amount for each line item offered on the price schedule. If a line item is offered at “No Cost,” enter “No Cost” in the unit price column. Additionally, offerors shall calculate and insert the total price in the space provided on the price schedule. In the event of discrepancies in extended price, unit prices will govern. All freight, shipping, handling, and delivery charges shall be included in the unit and extended price. Bids subject to unlimited price increase will not be considered.

Bid in units of quantity specified, extend and show total. In the event of discrepancies in extended price, unit prices will govern. Bids subject to unlimited price increase will not be considered.

(F) All or None Pricing

Failure of an offeror to provide prices for all line items listed on the Schedule shall be cause for rejection of the entire offer.

(G) Delivery Terms

Show guaranteed exact cost to deliver in unit price.

(H) The City of Mission reserves the right to reject any or all bids, to waive any or all formalities or technicalities and to make such awards of Bidder as may be deemed to be the best and most advantageous to the City of Mission.

(I) The City of Mission reserves the right to waive or take exception to any part of these specifications when in the best interest of the City of Mission

(J) The acceptability evaluation is not conducted for the purpose of determining whether one bidder's item is superior to another but only to determine that a bidder's offering is acceptable as set forth in the Request for Bids. Any bidder's offering which does not meet the acceptability requirements shall be rejected as non-responsive as per 23 CFR 635.112(h).

(K) Number of days and/or weeks must be stated on bid form for complete delivery of items.

(L) A written award (or acceptance of bid) which is mailed, telegraphed, or otherwise furnished to the successful

City of Mission Solicitation – “Meter Connect Supplies / RFB: 26-653-09-30” Page 5 of 20 bidder within the time for acceptance specified in the solicitation shall be deemed to result in a binding contract without further action by either party.

(M) Any financial data submitted with any bid hereunder or any representation concerning facilities or financing will not form a part of any resulting contract; provided, however, that if the resulting contract contains a clause providing for price reduction for defective cost or pricing data, the contract price will be subject to reduction if cost or pricing data furnished hereunder is incomplete, inaccurate, or not current.

(N) The City may hold bids 60 days after bid opening without taking action. Bidders are required to hold their bids firm for same period of time.

(O) The geographical location(s) of bidder’s facilities referenced “Meter Connect Supplies” given due consideration in determining the lowest responsible bidder.

(P) Quote F.O.B. Mission, Texas. If not quoting, show guaranteed exact cost to deliver. Bid in units of quantity specified extend and show total. No additional freight, shipping, transportation, or delivery charges will be paid by the City.

(17) Contract Term

Contract will be for a period of one (1) year, commencing from date of award. Successful bidder shall hold their prices for the same period of time. In addition, unless otherwise specified in the bid, the award of this bid shall include the right at the option of City of Mission, and contingent upon the mutual agreement of both parties, to exercise one (1) one (1)-year extensions. The total duration of this contract, including the exercise of any renewals under this clause, shall not exceed two (2) years.

The Renewal Options are contingent upon the Vendor submitting a renewal request letter to the City at least 45-calendar days prior to the expiration of the current Contract term. Please note that the Renewal % increase being proposed per year listed below shall not exceed increase % listed on the original price schedule.

Any renewal shall be documented in writing and executed by authorized representatives of the City and the Vendor.

(18) Equitable Adjustments

Any requests for equitable adjustments under any provision shall be governed by the following provisions:

(a) Upon written request, the Vendor shall submit a proposal, in accordance with the requirements and limitations set forth in this paragraph, for work involving contemplated changes covered by the request. The proposal shall be submitted within the time limit indicated in the request for any extension of such time limit as may be subsequently granted. The Vendor's written statement of the monetary extent of a claim for equitable adjustment shall be submitted in the following form:

1) Proposals totaling $5,000 or less shall be submitted in the form of a lump sum proposal with supporting information to clearly relate elements of cost with specific items of work involved to the satisfaction of the Contracting Officer, or his/her authorized representative.

2) For proposals in excess of $5,000, the claim for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the Contract.

(b) No proposal by the Vendor for an equitable adjustment shall be allowed if asserted after final payment under this Contract.

(19) Non-Responsive Bid

To be considered for award, a bid must be "responsive"; i.e., comply in all material respects with the Request for Bids as stipulated in 23 CFR 635.112(h) and contract provisions. Bids must be responsive so that all bidders may stand on an equal footing and the integrity of the competitive procurement system may be maintained. Examples of nonresponsive bids include:

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City of Mission Solicitation – “Meter Connect Supplies / RFB: 26-653-09-30” Page 6 of 20

(a) failure to sign the bid;

(b) failure to acknowledge receipt of a material amendment to the Request for Bids;

(c) bids containing any exception to, or any qualification of, any material requirement of the Request for Bids;

(d) bids imposing any condition or altering the rights of the City (e.g., conditioned on the occurrence of any event, the receipt of material or parts, "negotiation" of the warranty, or nondisclosure of information);

(e) failure to furnish items or information required to be submitted with the bid;

(f) bids which are indefinite, uncertain, or ambiguous (the consideration of which would give the bidder an unfair competitive advantage); and

(g) bids containing unsolicited descriptive literature if the bid creates any uncertainty as to whether the bidder is offering to conform to the specifications.

(20) Sample Requirements

Upon request, the bidder agrees to supply at no cost to City samples of the products proposed for testing prior to contract award. Samples will be available and submitted to City within five (5) days of request, oral and written, by City and will be returned at bidder’s cost only on request from the vendor after testing is complete. Parts returned may not be in the same condition as originally sent to and received by City. Function test (if required) is verification that the parts meet the manufacturers specification and/or performance requirements.

(21) Foreseen Delay

When delay can be foreseen, bidder shall give prior notice to the City of Mission. Bidder must keep City of Mission advised at all times of status on the completion of all orders. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City of Mission to purchase such deliver/service “Meter Connect Supplies” off contract. The vendor will be liable for any increase in cost incurred due to defaulting on “Meter Connect Supplies” contract.

a. Acceptable reasons for delay of orders are as follows; Act of God (floods, tornadoes, hurricanes, etc.), acts of government, fire strikes, war. Actions beyond the control of the successful bidder.

(22) Delivery Terms

The Vendor shall state the number of hours/days required to deliver the products following receipt of an authorized purchase order under “Meter Connect Supplies” below. Failure to so state number of hours or days will obligate bidder to complete delivery within ten (10) calendar days.

Days/ Weeks to deliver product as per request after receipt of purchase order: ___________ calendar days / weeks

The Vendor shall deliver the products within the delivery period stated in its bid and accepted by the City. Unless otherwise authorized in writing by the City, the Vendor shall not exceed the stated delivery period.

Failure to meet the required delivery schedule may constitute a default under the Contract and may result in the remedies available to the City under the Contract. The Vendor shall notify the City immediately if it becomes aware of any circumstance that may delay delivery.

City of Mission Solicitation – “Meter Connect Supplies / RFB: 26-653-09-30” Page 7 of 20

(23) Delivery Location

City of Mission, Public Works Department. All loads shall be delivered by the Vendor to the locations designated by the City of Mission personnel at time of order. All shipments shall be placed at the exact spot(s) designated by the City of Mission personnel.

• The following is the location for delivery Meter Connect Supplies:

1.) City of Mission Public Works Department

2801 N Holland Avenue Mission, Texas 78572

Delivery and quantity to be on an as needed basis

Is bidder able and willing to make deliveries on weekends and/or holidays at contract unit price?

Yes _____ No _____

Please identify the name of person to contact in case of an emergency and the telephone number where this person can be reached:

Please identify hours of operation: ____________________________________________________

Please provide toll-free telephone number: _____________________________________________

Please identify name of at least two (2) authorized persons to receive orders:

*Note: it is the City of Mission’s intent to issue a purchase order to awarded vendor establishing the contract authorization. Individual releases against the purchase order may be made by authorized City of Mission personnel by telephone, email, or other written means until the quantity and/or dollar amount is exhausted. Delivery will not be a one-time order.

(24) Confidential Data

Each bidder may clearly mark each page of the bid that contains trade secrets or other confidential commercial or financial information which the bidder believes should not be disclosed outside the City. Disclosure of requested information will be determined in accordance with the Texas Open Records Act.

(25) Cancellation of Solicitation

This solicitation may be cancelled by the City before or after receipt of bids or proposals (as applicable).

(26) Discrepancies or Omissions

Bidder shall carefully examine the bid forms, general terms and conditions, specifications, and provisions.

Should the bidder find discrepancies in, or omissions from bid forms, general terms and conditions, specifications, or other documents, or should he/she be in doubt as to their meaning, he/she should at once notify the Procurement Department (Mission City Hall, (956) 580-8667) and obtain clarification by addendum(s) prior to submitting any bid.

Unless otherwise specified, any catalog or manufacturer’s reference or brand name used in describing an item is merely descriptive, and not restrictive, and is used only to indicate type, style or quality of material desired. If a bidder quotes on an article other than the one specified, which he/she considers comparable, the name and grade of said article must be specified in the bid and sufficient specifications and descriptive date must accompany same to permit thorough evaluation. In the absence of these qualifications, he/she will be expected to furnish the article called for.

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City of Mission Solicitation – “Meter Connect Supplies / RFB: 26-653-09-30” Page 8 of 20

(27) Compliance with Federal, State and Local

Bidders must comply with all applicable federal, state and local laws, rules, regulations and ordinances and statutes relating to purchasing in the State of Texas in addition to the requirements of this form.

(28) Indemnification

The bidder agrees to indemnify and save harmless the City, the Purchasing Manager and any assistants from all suits and actions of every nature and descriptive brought against them or any of them, for or on account of the use of patented appliances, products or processes, and he/she shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Purchasing Manager, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used.

(29) BILLING AND PAYMENT INSTRUCTIONS:

Invoices must include:

a. Name and address of successful vendor

b. Name and address of receiving department or official

c. Purchase Order Number (if any)

d. Notation - “Meter Connect Supplies”

e. Descriptive information as to the items or services delivered, including product code, item number, quantity etc.

The City of Mission will execute payment by mail within thirty (30) working days after work has been completed and found to meet specifications for “Meter Connect Supplies” as indicated below.

(30) Funding

Funds for this procurement have been provided through the City budget for this fiscal year only. City, on an annual basis, has the right to reconsider a contract during the budget process for the ensuing years if financial resources of City are insufficient to meet the liabilities of said contract. The award of a bid or contract hereunder will not be construed to create a debt of the City which is payable out of funds beyond the current fiscal year.

(31) Insurance Requirements for Supply/Services and/or Construction

(a) Required Coverage. The Vendor shall, at all times during the term of this contract and extended terms thereof, provide and maintain the following types of insurance protecting the interests of the City of Mission and the Vendor with limits of liability not less than those specified below.

Commercial General Liability insurance or its equivalent, listing City of Mission as an additional insured, providing limits of not less than $1,000,000 for bodily injury and property damage per occurrence, consistent with potential exposure to City under the Texas Tort Claims Act. Coverage should include injury to or death of persons and property damage claims arising out of the services, construction, etc. provided with a general aggregate of $2,000,000, and a products and completed operations aggregate of $1,000,000. Coverage should include:

Damaged to rented premises at a minimum of $100,000 per occurrence. There shall not be any policy exclusions or limitations for the following as well:

Contractual Liability covering Vendor's obligations herein Personal Injury Advertising Liability Medical Payments Fire Damage Legal Liability Broad Form Property Damage Liability for Independent Contractors/Vendors

(b) Automobile liability insurance policy with combined single limit of at least One Million Dollars ($1,000,000.00) per occurrence, consistent with potential exposure to City under the Texas Tort Claims Act.

City of Mission Solicitation – “Meter Connect Supplies / RFB: 26-653-09-30” Page 9 of 20

(c) Uninsured/Underinsured motorist coverage in an amount equal to the bodily injury limits set forth immediately above;

(d) A One Million Dollar ($1,000,000.00) Comprehensive General Liability insurance policy providing additional coverage to all underlying liabilities of City consistent with potential exposure of City under the Texas Tort Claims Act;

(e) Workers’ Compensation and Employers’ Liability- insurance is equivalent to State of Texas Workers’

Compensation Statutory Limits, providing limits of not less than $1,000,000 for each accident, each disease per employee $1,000,000, and policy limit of no less than $1,000,000. There shall not be any policy exclusions or limitations.

(f) Certificates of Insurance. Before commencing execution of this contract, and within 7 calendar days from date of award of contract, the Vendor shall furnish Original proof of insurance via Certificates of Insurance satisfactory to the City of Mission at the following addresses, Edgar Chapa, Contracts Administrator 1201 E. 8th Street Mission, TX 78572 Bid # 26-653-09-30 evidencing that insurance as required by paragraph (a) above is in force, stating policy number dates of expiration and limits of liability thereunder. All copies of policies and Certificates of Insurance submitted to the City shall be in a form and content acceptable to the City.

(g) Approval of Forms and Companies. All coverage described in this contract shall be in a form and content satisfactory to the Procurement Agent. No party subject to the provisions of this contract shall violate or knowingly permit to be violated any of the provisions of the policies of insurance described herein. All insurance should be provided by insurance companies with a Best’s rating of A- or better. Please include proof of such rating with your coverage documents.

(h) Additional Insured Endorsement. The policy or policies providing Commercial General Liability, and as otherwise required above, shall be endorsed to name City of Mission, their directors, officers, representatives, agents, and employees as Additional Insureds with respects to operations performed by or on behalf of the Vendor in the performance of this contract via ISO endorsements CG 2037 or its equivalent. The policy shall also be endorsed to name other interests as directed by City of Mission.

(i) Notice of Cancellation or Material Changes. Policies and/or Certificates shall specifically provide that a thirty (30) day notice of cancellation, non-renewal, or material change be sent to the City.

(j) Multiple Policies. The limits of liability as required above may be provided by a single policy of insurance or a combination of primary, excess, or umbrella liability policies. But in no event shall the total limit of liability of any one occurrence or accident be less than the amount shown above.

(k) Deductibles. Companies issuing the insurance policies and the Vendor shall have no recourse against the City for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the Vendor.

(l) Sub vendors. If any part of the work is sublet, the Vendor shall require any and all sub vendors performing work under this contract to carry General Liability and Products, and Construction Liability Insurance, with limits of liability that Vendor shall deem appropriate and adequate to protect the interests of the City. In the event a sub vendor is unable to furnish insurance in accordance to section (a) above, the Vendor shall endorse the sub vendor as an Additional Insured. Insurance certificates for sub vendors shall be furnished to the City of Mission upon request.

(m) No Release. The carrying of the above-described coverage shall in no way be interpreted as relieving the Vendor of any other responsibility or liability under this agreement, or any applicable law, statute, regulation, or order.

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(n) Waiver of Subrogation: The Vendor shall provide a waiver of subrogation in favor of the City of Mission, Texas, including its elected officials, officers, employees, agents, volunteers, and representatives, for all insurance policies required under this Contract, to the extent permitted by applicable Texas law. The Vendor shall cause its insurers to waive all rights of recovery or subrogation against the City of Mission, Texas, its elected officials, officers, employees, agents, volunteers, and representatives for losses arising out of or related to the performance of the Contract that are covered by the Proposer's insurance.

(32) Duty to Inform

If, at any time during the performance of the contract the Vendor becomes aware of an actual or potential problem, fault, or defect in the order items or any non-conformance with any contract document, federal, state or local law, rule, or regulation, the Vendor shall give immediate written notice thereof to the City’s designate Public Works representative. If the Vendor is aware of any such problem, fault, defect or non-conformance, or should be aware through proper diligence of any such problem, fault, defect or non-conformance, and the Vendor fails to give the required notice, the Vendor shall assume full responsibility therefore and shall bear all costs attributed thereto.

(33) Governing Law

The rights, obligations, and remedies of the parties shall be governed by the laws of the State of Texas. Whenever there is no applicable state statute or decisional precedent governing the interpretation of, or disputes arising under or related to, this contract, then federal common law, including the law developed by federal boards of contract appeals, the United States Claims Court (formerly the Court of Claims), and the Comptroller General of the United States, shall govern. Venue for any action shall lie exclusively in Hidalgo County, Texas. This is the complete agreement between the parties. If any provision of the contract is found to be invalid or unenforceable, the remaining provisions shall not be impaired.

(34) Descriptive Literature

(a) Bidders shall submit, along with the Pricing Schedule, descriptive literature for all items that are not described by specific manufacturer, and/or for items that the bidder is offering as an "Equal Brand Name." Descriptive literature must be (1) received by the time specified in this solicitation for receipt of bids, and (2) clearly marked to identify the specific item(s) of the bid to which it applies.

(b) "Descriptive literature" means information furnished, such as cuts, illustrations, drawings, and brochures that clearly shows an item’s characteristics, construction, or explains its operation.

(c) Descriptive literature is used to determine whether the item(s) comply with the solicitation requirements. It is used to identify details of the item(s) pertaining to such significant elements as: (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, and/or operation. Descriptive literature includes only that information required to determine the technical acceptability of the offered product. It does not include other information such as that used to determine a prospective Vendor’s responsibility, or for maintaining the item(s).

(d) Failure of a bidder to submit descriptive literature on time, or failure of the descriptive literature to clearly show that the item(s) offered conform to the requirements of this solicitation shall result in rejection of the bid as nonresponsive.

(35) Warranty

The Vendor shall provide the manufacturer's standard written warranty applicable to the products furnished under this Contract.

Warranty documentation shall be provided with the bid when required by the solicitation and shall identify the applicable warranty coverage and duration.

Products found to be defective or not in conformity with the requirements of the Contract during the applicable warranty period shall be repaired or replaced by the Vendor, at no additional cost to the City, in accordance with the manufacturer's warranty and the requirements of the Contract.

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(36) Testing

The City reserves the right to inspect and, when deemed necessary, test products furnished under this Contract to determine whether the products comply with the requirements of the solicitation and Contract.

Inspection or testing may occur before or after delivery.

Products that do not conform to the requirements of the Contract may be rejected. The Vendor shall, at no additional cost to the City, replace rejected products with conforming products within the time period specified by the City.

Inspection, testing, or acceptance by the City shall not relieve the Vendor of its responsibility to furnish products that comply with all Contract requirements.

(37) Termination of Contract

The City of Mission reserves the right to terminate the contract if, in the opinion of the City of Mission, the successful vendor’s and/or Vendors’ performance is not acceptable, if the City is being repeatedly overcharged, improperly charged, no funds available, or if the City wishes, without cause, to discontinue this contract. Termination will be in written form allowing a 30-day notice.

(38) Termination for Convenience

The Purchasing Manager may, whenever the interests of the City so require, terminate this contract, in whole or in part, for the convenience of the City. The Purchasing Manager shall give written notice of the termination to the Vendor specifying the part of the contract terminated and when termination becomes effective.

(a) The Vendor shall incur no further obligations in connection with the terminated work, and, on the date set in the notice of termination, the Vendor will stop work to the extent specified. The Vendor shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The Vendor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work. The Purchasing Manager may direct the Vendor to assign the Vendor's right, title, and interest under terminated orders or subcontracts to the City. The Vendor must still complete the orders that are not terminated by the notice of termination and may incur obligations as are necessary to do so.

(b) The Purchasing Manager may require the Vendor to transfer title and deliver to the City in the manner and to the extent directed by the Purchasing Manager: (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated; and (ii) the completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to the City. The Vendor shall, upon direction of the Purchasing Manager, protect and preserve property in the possession of the Vendor in which the City has an interest. If the Purchasing Manager does not exercise this right, the Vendor shall use its best efforts to sell such supplies and manufacturing materials.

(c) The City shall pay the Vendor the following amounts:

(1) For contract work performed before the effective date of termination, the total (without duplication of any items) of --

(i) the cost of this work;

(ii) a sum, as profit on (i), above, determined by the Purchasing Manager to be fair and reasonable; however, if it appears that the Vendor would have sustained a loss on the entire contract had it been completed, the Purchasing Manager shall allow no profit under this subparagraph

(iii) and shall reduce the settlement to reflect the indicated rate of loss.

(2) The reasonable costs of settlement of the work terminated, including --

(i) accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data;

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(ii) the termination and settlement of subcontracts (excluding the amounts of such settlements); and

(iii) storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory.

(3) The total sum to be paid the Vendor under this subparagraph shall not exceed the total contract price plus the reasonable settlement costs of the Vendor reduced by the amount of payments otherwise made, the proceeds of any sales of supplies under this subparagraph, and the contract price of orders not completed.

(39) Termination for Default

(a) The City may, subject to the provisions of paragraph (c) below, by written notice of default to the Vendor, terminate the whole or any part of this contract in either one of the following circumstances:

(1) if the Vendor fails to make delivery of the supplies or to perform the service within the time specified herein or any extension thereof; or

(2) if the Vendor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of 10 days (or such longer period as the Purchasing Manager may authorize in writing) after receipt of notice from the Purchasing Manager specifying such failure.

(b) In the event the City terminates this contract in whole or in part as provided in paragraph (a) of this clause, the City may procure, upon such terms and in such manner as the Purchasing Manager may deem appropriate, supplies or services similar to those so terminated, and the Vendor shall be liable to the City for any excess costs for such similar supplies or services; provided, that the Vendor shall continue the performance of this contract to the extent, if any, it has not been terminated under the provisions of this clause.

(c) Except with respect to defaults of sub vendors, the Vendor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Vendor. Such causes may include, but are not restricted to, the following: acts of God or of the public enemy, acts of the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; provided, however, in every case the failure to perform must be beyond the control and without the fault or negligence of the Vendor. If the failure to perform is caused by the default of a sub vendor and if such default arises out of causes beyond the control of both the Vendor and sub vendor and without the fault or negligence of either of them, the Vendor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the sub vendor were obtainable from other sources in sufficient time to permit the Vendor to meet the required delivery schedule.

(d) If this contract is terminated as provided in paragraph (a) of this clause, the City, in addition to any other rights provided in this clause, may require the Vendor to transfer title and deliver to the City in the manner and to the extent directed by the Procurement Manager (i) any completed supplies and (ii) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called "manufacturing materials") as the Vendor has specifically produced or specifically acquired for the performance of such part of this contract as has been terminated; and the Vendor shall, upon direction of the Purchasing Manager, protect and preserve property in possession of the Vendor in which the City has an interest. Payment for completed supplies delivered to and accepted by the City shall be at the contract price.