R-2017-4767 - 9/14/2017 RESOLUTION NO. R-2017-4767
WHEREAS, the City of Round Rock desires to rent and have a purchase option for fitness
equipment for the Clay Madsen Recreation Center, and to purchase associated services including but
not limited to delivery, installation, removal of and credit for existing equipment, maintenance and
warranty coverage, and
WHEREAS, Team Marathon Fitness, Inc. dba Marathon Fitness has submitted an Agreement
for Rental/Purchase Option for Fitness Equipment, and
WHEREAS, the City Council desires to enter into said Agreement with Team Marathon
Fitness, Inc. dba Marathon Fitness,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Rental/Purchase Option for Fitness Equipment from Team Marathon Fitness, Inc. dba
Marathon Fitness, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all tunes during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 14th day of September, 2017.
CRAIGORGA ayor
City of ound Ro , Texas
ATTEST:
�3r
SARA L. WHITE, City Clerk
0112.1404;00385009
EXHIBIT
„A„
CITY OF ROUND ROCK AGREEMENT
FOR RENTAL/PURCHASE OPTION FOR FITNESS EQUIPMENT
FROM TEAM MARATHON FITNESS, INC. dba MARATHON FITNESS
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This Agreement is for rental/purchase option for fitness equipment for City of Round
Rock Parks and Recreation Department's Clay Madsen Recreation Center, and for related goods
and services including delivery, installation, removal of and credit for existing equipment,
maintenance and warranty coverage, and is referred to herein as the "Agreement." This
Agreement is made and entered into on this the day of the month of September, 2017, by
and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices
are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City,"
and TEAM MARATHON FITNESS, INC. dba MARATHON FITNESS, whose offices are
located at Post Office Box 17705, Sugar Land, Texas 77496, referred to herein as "Marathon" or
the "Vendor." This Agreement supersedes and replaces any previous agreement between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to rent and have a purchase option for fitness equipment for
Clay Madsen Recreation Center, and to purchase associated services including but not limited to
delivery, installation, removal of and credit for existing equipment, maintenance and warranty
coverage, and City desires to obtain same from Vendor; and
WHEREAS, City has issued its "Invitation for Bids" (IFB) for the provision of said
goods and services, and City has selected the Bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
00384827/ss2
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to obtain specified goods and Vendor is obligated to provide specified goods.
The Agreement includes the following: (a) City's Invitation for Bid designated as IFB 17-022,
Class/Item 805-05/805-57 dated June 2017; (b) Vendor's Response to IFB dated July 12, 2017;
(c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any
inconsistencies or conflicts in the contract documents shall be resolved by giving preference in
the following order:
1. This Agreement, and all exhibits attached thereto;
2. Purchaser's Response to IFB;
3. City's Request for Proposals, addenda, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Equipment means the description of goods per"Attachment A: Bid Sheet" of the
IFB. Upon installation of Equipment, Vendor shall give notice to City of all serial numbers
registered by Vendor with manufacturer(s).
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Total Loss means any loss or damage that is not repairable or that would cost
more to repair than the market value of the Equipment at the time of loss.
G. Vendor means Team Marathon Fitness, Inc. dba Marathon Fitness, or any
successors or assigns.
2.01 EFFECTIVE DATE; INITIAL TERM; ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The initial rental term of this Agreement is for three (3) years from the effective
date hereof.
C. Prices shall be firm for the duration of this Agreement and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
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extraneous charges.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue, subject to termination
provisions in Section 22.01 of this Agreement.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
A. City selected Vendor as the integrator of choice to supply the goods and services
as outlined in IFB 17-022, Class/Item 805-05/805-57 dated June 2017; and Response to IFB
submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for
all purposes. The intent of these documents is to formulate an Agreement listing the
responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to
the IFB.
B. The goods and services which are the subject matter of this Agreement are
described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and
they are fully a part of this Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
A. All items in"Attachment A: Bid Sheet"of Exhibit"A" are awarded to Vendor.
5.01 COSTS
A. The City shall be authorized to pay Vendor an amount not-to-exceed a total of
$135,792.04 for the term of this Agreement.
1. The "Down Payment" amount of Freight, Installation, Preventative Maintenance
(3 years/quarterly visits); three (3) years Parts and three (3) years Labor Warranty is
$30,800.00 leaving a remaining balance of$116,492.04.
2. The "Equipment Total" shall be $116,492.04 less the trade in equipment amount
of$11,500.00 for a total of$104,992.04.
3. Upon payment in full, City shall have the option to purchase the equipment
subject to this Agreement and described in Exhibit"A" for the amount of$1.00.
6.01 INVOICES
A. All invoices shall include, at a minimum, the following information:
1. Name and address of Vendor;
2. Purchase Order Number;
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3. Description and quantity of items received; and
4. Delivery dates.
7.01 DELIVERY OF EQUIPMENT
A. Vendor shall timely deliver, at Vendor's own expense and risk, the Equipment to
its designated location(s) within the City of Round Rock, Texas.
8.01 USE OF EQUIPMENT
A. City shall use the Equipment in a commercially reasonable manner, and shall
comply with all manufacturer's requirements furnished to City by Vendor and/or
manufacturer(s) regarding the Equipment, and City shall comply with any applicable law
(whether local, state or federal) regarding use of the Equipment including but not limited to
environmental and copyright law.
B. City shall use the Equipment for the purpose for which said Equipment was
designed, and not for any other purpose.
C. Unless City obtains the prior written consent of Vendor, City shall not alter,
modify or attach anything to the Equipment, unless such alteration, modification or attachment is
easily removable without damaging the functional capabilities or economic value of the
Equipment.
9.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
A. Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
B. Other governmental entities within the State of Texas may be extended the
opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of
the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the
vendor from lack of exception to this clause in the vendor's response. However, all parties
hereby expressly agree that the City of Round Rock is not an agent of, partner to, or
representative of those outside agencies or entities and that the City of Round Rock is not
obligated or liable for any action or debts that may arise out of such independently-negotiated
"piggyback"procurements.
10.01 NON-APPROPRIATION AND FISCAL FUNDING
A. This Agreement is a commitment of City's current revenues only. It is understood
and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal
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year if the governing body of City does not appropriate funds sufficient to purchase the services
as determined by City's budget for the fiscal year in question. City may effect such termination
by giving Vendor a written notice of termination at the end of its then-current fiscal year.
11.01 PROMPT PAYMENT POLICY
B. Prompt Payment Act. In accordance with Chapter 2251, V.T.C.A., Texas
Government Code, any payment to be made by City to Vendor will be made within thirty (30)
days of the date City receives goods under this Agreement, the date the performance of the
services under this Agreement are completed, or the date City receives a correct invoice for the
goods or services, whichever is later. Vendor may charge interest on an overdue payment at the
"rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in
accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt
Payment Policy does not apply to payments made by City in the event:
1. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
2. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
12.01 GRATUITIES AND BRIBES
A. City may, by written notice to Vendor, cancel this Agreement without liability to
Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
13.01 TAXES
A. City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not
be included in Vendor's charges.
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14.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid IFB 17-022
(including all attachments and exhibits) and Vendor's bid response; as set forth at
llttp://www.rouiidrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07.20012 pdf
15.01 REPAIR OBLIGATIONS; WARRANTY
A. Repair Obligations. Vendor shall, at Vendor's sole expense during any
warranty period, keep the rental equipment in good repair according to manufacturer's warranty
terms, normal wear and tear excepted. Vendor shall supply all parts that are necessary to keep
the rental equipment in good working order. The following are not considered to be "normal
wear and tear": abuse or misuse of equipment outside of the manufacturer's original design
intent; neglect, such as failing to properly clean sweat from frames which then results in rusting
of metal surfaces.
B. Vendor shall respond to City for any and all repairs within 24-72 hours from
email service request/work request from City. Such response shall be from a PRECOR-approved
warranty service provider, and shall be onsite service responsive to warranty request, and shall
be delivered within a strict 24-72 hour timeframe from notification by City. City shall submit all
requests for warranty work in writing via email to both of the following:
(Customereare(ui,)m.arath.on.fi.tness.com and tech a?marath.on.li.tness.com).
C. All work shall be satisfactorily completed by Vendor or Vendor's designee at
Vendor's expense. All repair work will, by terms of this Agreement, be provided at no
additional cost to City. The parties expressly agree that this is to include ALL related repair
costs including but not limited to travel, lodging, meals, and the like.
D. Warranty. Vendor warrants and guarantees that all rental equipment will be in
new working order and new condition upon delivery. The rental equipment is warranted as
being of merchantable quality and is further warranted as being fit for use for the following
purpose: use in a public fitness area.
16.01 LOSS DAMAGE
A. To the extent permitted by law, after delivery of the Equipment to the City, City
shall be responsible for risk of loss, theft, damage or destruction to the Equipment from
extraordinary circumstances such as acts of God. The parties expressly acknowledge that
damage from normal use and/or reasonable process is not included within this Section 15.01 A.
B. In the event the Equipment is lost or damaged, City shall continue its payment
obligation under this Agreement, shall provide Vendor with prompt written notice of such loss or
damage, and shall, if the Equipment is repairable, put or cause the Equipment to be put into a
state of good repair, appearance, and condition.
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C. In the event of Total Loss of the Equipment, City shall continue its payment
obligation under this Agreement, shall provide Vendor with prompt written notice of such loss,
and shall replace the Equipment with encumbrance-free equipment of the same model, type and
configuration.
17.01 OWNERSHIP; RIGHT TO RENT; QUIET ENJOYMENT
A. Vendor warrants that City shall have the right to rent, without owning, the
Equipment according to the terms of this Agreement; and if City's purchase option is exercised
according to the terms of this Agreement, then and in that event City shall own such Equipment.
B. Vendor warrants that, so long as no legal default has occurred of this Agreement,
Vendor shall not disturb City's quiet and peaceful possession of the Equipment, and warrants
City's unrestricted use of the Equipment for the purposes for which the Equipment was designed.
18.01 SURRENDER OF EQUIPMENT
A. At the end of the term of this Agreement, in the event that City has not exercised
its purchase option in accordance with the terms of this Agreement, then and in that event City
shall make the Equipment available for pick-up, and Vendor shall arrange at its sole cost and
expense, to pick up such Equipment.
B. In the event that City fails to make the Equipment available for pick-up, the
parties acknowledge that City shall pay to Vendor any unpaid rent for the term plus the Casualty
Value of the Equipment, which is hereby defined as twenty percent (20%), at which time
ownership of the Equipment shall pass in an unrestricted manner to City.
19.01 INSURANCE
A. Vendor shall meet all requirements as stated in the attached RFP (including
Attachment A entitled "City of Round Rock Insurance Requirements" and all attachments and
exhibits); and its proposal response.
B. City shall provide proof of insurance to Vendor and will abide by all applicable
local, state and federal laws pertaining thereto.
20.01 CITY'S REPRESENTATIVE
A. City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
David Buzzell
Assistant Director, PARD
301 West Bagdad Avenue, Suite 250
Round Rock, TX 78664
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21.01 RIGHT TO ASSURANCE
A. Whenever either party to this Agreement, in good faith, has reason to question the
other party's intent to perform hereunder, then demand may be made to the other party for
written assurance of the intent to perform. In the event that no written assurance is given within
the reasonable time specified when demand is made, then and in that event the demanding party
may treat such failure as an anticipatory repudiation of this Agreement.
22.01 DEFAULT
A. Either party shall be declared in default of this Agreement if it does any of the
following:
1. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement, including payment obligations;
2. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein;
3. Becomes insolvent or makes an assignment of rights or property for the benefit of
creditors or files for bankruptcy, or has bankruptcy proceedings instituted against
it, under the federal bankruptcy laws of the United States or other competent
jurisdictions;
4. A writ of attachment or writ of execution is levied on the Equipment, and same is
not satisfied or released within 10 days.
B. Upon the occurrence of default by City, Vendor shall be entitled to pursue any one
or more of the following remedies for default:
1. Declare the entire amount of rent to be immediately due and payable, without
further notice or demand;
2. Commence legal proceedings to recover rent and other legal obligations accrued
before and after the event of default.
C. Upon the occurrence of breach, default or non-solvency by Vendor during the
term of this Agreement, City shall be entitled to notice of such in writing, and City may pursue
any one or more of the following remedies for default:
1. Purchase of balance of rent agreement, and transfer of ownership of Equipment
from Vendor to City.
2. Any remedy available at law or in equity.
23.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon ninety(90) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause,upon ten(10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement for cause, that being in the event
of a material and substantial breach by City, or by mutual agreement to terminate evidenced in
writing by and between the parties.
D. In the event City terminates under subsections A or B of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
24.01 INDEMNIFICATION
A. Vendor shall defend (at the option of City), indemnify, and hold City, its
successors, assigns, officers, employees and elected officials harmless from and against all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any
and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's
obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing
herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the
right to seek contribution) against any third party who may be liable for an indemnified claim.
25.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. Vendor acknowledges and understands that City has adopted a Storm
Water Management Program (SWMP) and an Illicit Discharge Ordinance, Section 14-139
through 14-152 of the City's Code of Ordinances, to manage the quality of the discharges from
its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the
requirements of the Texas Ethics Commission on Environmental Quality (TCEQ) and the Texas
Pollution Discharge Elimination System (TPDES). Vendor agrees to comply with the City's
stormwater control measures, good housekeeping practices and any facility specific stormwater
management operating procedures specific to a certain City facility. In addition, Vendor agrees
to comply with any applicable TCEQ Total Maximum Daily Load (TMDL) Requirements and/or
I-Plan requirements.
26.01 ASSIGNMENT AND DELEGATION
A. The parties hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
B. VENDOR SHALL NOT ASSIGN THIS AGREEMENT, VENDOR'S
INTEREST IN THIS AGREEMENT, OR VENDOR'S INTEREST IN THE EQUIPMENT
COVERED HEREUNDER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF
CITY, AND VENDOR SHALL NOT ASSIGN OR TRANSFER VENDOR'S RIGHT TO
COLLECT RENT OR ANY OTHER FINANCIAL OBLIGATION OF CITY.
27.01 NOTICES
A. All notices and other communications in connection with this Agreement shall be
in writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Marathon Fitness
Attention: Paul Croegaert, Vice President
Post Office Box 17705
Sugar Land, TX 77496
Notice to City:
City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
28.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
A. This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
29.01 EXCLUSIVE AGREEMENT
A. This document, and all appended documents, constitutes the entire Agreement
between Vendor and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
30.01 DISPUTE RESOLUTION
A. If a dispute or claim arises under this Agreement, the parties agree to first try to
resolve the dispute or claim by appropriate internal means, including referral to each party's
senior management. If the parties cannot reach a mutually satisfactory resolution, then and in
that event any such dispute or claim will be sought to be resolved with the help of a mutually
selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a
mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than
attorney fees, associated with the mediation shall be shared equally by the parties. City and
Vendor hereby expressly agree that no claims or disputes between the parties arising out of or
relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding,
including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section
1-14) or any applicable state arbitration statute.
31.01 SEVERABILITY
A. The invalidity, illegality, or unenforceability of any provision of this Agreement
or the occurrence of any event rendering any portion or provision of this Agreement void shall in
no way affect the validity or enforceability of any other portion or provision of this Agreement.
Any void provision shall be deemed severed from this Agreement, and the balance of this
Agreement shall be construed and enforced as if this Agreement did not contain the particular
portion or provision held to be void. The parties further agree to amend this Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision. The provisions of this section shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined
void.
32.01 MISCELLANEOUS PROVISIONS
A. Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
B. Time is of the Essence. Vendor understands and agrees that time is of the essence
and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
C. Force Majeure. Neither City nor Vendor shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
D. Binding Agreement. This Agreement shall extend to and be binding upon and
inure to the benefit of the parties' respective heirs, executors, administrators, successors and
assigns.
E. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, any one of which shall be considered an original of this document; and all of
which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Team Marathon Fitness,Inc.
dba Marathon Fitness
By: By:
Printed Name: Printed Name:
Title: Title:
Date Signed: Date Signed:
For City, Attest:
By:
Sara L. White, City Clerk
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
1l1INC" '
ROUND RACK TEXAS
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID
EXERCISE EQUIPMENT LEASE
Solicitation No. 17-022
JUNE 2017
Exhibit "A"
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
TABLE OF CONTENTS
Part I General
1. Purpose
2. Background
3. Attachments
4. Clarification
5. Bidder Qualifications
6. Subcontractors
7. Damage
8. Safety
9. Pricing
10. Price Increase
11. Agreement Term
12. Acceptance/Inspection
Part II Specifications
1. Scope/Service Requirements
2. Critical Equipment Requirements
3. Delivery and Installation
4. Maintenance Agreement
5. Existing Equipment Removal and Trade-In
6. Communication
7. Service Requirement Location
8. Point of Contract/Designated Representative
9. Workforce
10. Permits
Part III Schedule and Response Instructions
1. Schedule of Events
2. Solicitation Updates
3. Response Due Date
4. Best Value Evaluation and Criteria
5. Award
6. Post Award Meeting
7. Non-Appropriation
8. Interlocal Cooperative Contracting (Piggyback)
Exhibit "A"
Page 2 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
Part IV Response Requirements
Attachment A: Bid Sheet
Attachment B: Bidder's Reference Sheet
Attachment C: Addendum Acknowledgement Form
Attachment D: Equipment Trade-In List
Part V Content
1. Confidentiality of Content
Part VI General Terms and Conditions
1. Insurance
2. Definitions, Terms, and Conditions
3. Prompt Payment Policy
Exhibit "A"
Page 3 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
CITY OF ROUND ROCK
INVITATION FOR BID
EXERCISE EQUIPMENT LEASE
PART I
GENERAL
1. PURPOSE: The City of Round Rock, herein after"the City" seeks bids to establish a multiple year
contract from a qualified person, firm or corporation, herein after "Bidder", who is experienced in
providing for the lease, delivery, installation, and maintenance of commercial grade cardio fitness
equipment for the Clay Madsen Recreation Center(CMRC)weight room, herein after"Services".
2. BACKGROUND: The CMRC currently lists 3,530 members with an average of 400 users per day
accessing the weight room. With the goal of providing the CMRC members with new equipment on
a regular basis, the City seeks to enter into a lease agreement with a fitness company to provide said
equipment and service to the community and Clay Madsen Recreation Center members.
Additionally, the City seeks to continue to provide the CMRC members with top quality fitness
equipment for cardiovascular exercise and apparatus for training each muscle group. With this
goal in mind, equipment is being listed herein as examples to establish the City's minimum critical
requirements.
3. ATTACHMENTS: Attachment A through G, are herein made part of this invitation for bid:
3.1 Attachment A: Bid Sheet
3.2 Attachment B: Bidder's Reference Sheet
3.3 Attachment C: Addendum Acknowledgement Form
3.4 Attachment D: Trade-In Equipment List
4. CLARIFICATION: For questions or clarification of specifications, you may contact:
Primary Contact:
Mike Schurwon, CPPB, CTPM
Purchasing Department
City of Round Rock
E-mail: mschurwon roundrocktexas. oy
Secondary Contact:
Juanita Fonseca, CTP
Purchasing Department
City of Round Rock
E-mail: 'fonseca(a-),roundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specifications only. No
authority is intended or implied that specifications may be amended or alterations accepted prior to
solicitation opening without written approval of the City of Round Rock through the Purchasing
Department.
Exhibit "A"
Page 4 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
5. BIDDER QUALIFICATIONS: The City has established the following minimum qualifications. Bidders
who do not meet the minimum qualifications will not be considered for award. The Bidder shall:
5.1. Be firms, corporations, individuals or partnerships normally engaged to provide, install and
maintain commercial grade cardio gym equipment as specified herein and have adequate
organization, facilities, equipment, financial capability, and personnel to ensure prompt and
efficient service to the City;
5.2. Provide all labor, supplies and materials required to satisfactorily perform the services as
specified herein and own or acquire at no cost to the City all exercise equipment bidder deems
necessary to provide for the lease and maintenance of exercise equipment. The City shall not
be responsible for any bidder's equipment, tools, or materials lost or damaged during the
performance of the services specified herein;
5.3. Be domiciled in or have a home office inside the United States. Bidders domiciled outside the
United States, or not having a home office inside the United States will not be included for
consideration in this procurement process;
6. SUBCONTRACTORS: No Subcontracting is allowed.
7. DAMAGE: The Bidder shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment usage.
8. SAFETY: The City reserves the right to remove any employee from City property for violation of
federal, state, and local health, safety and environmental laws, ordinances, rules and regulations.
The Bidder shall:
8.1. Ensure that all employees comply with all Occupational Safety and Health Administration
(OSHA), State and City safety and occupational health standards and other applicable federal,
state, and local health, safety, and environmental laws ordinances, rules and regulations in the
performance of these services;
8.2. Be held responsible for the safety of their employees and unsafe acts or conditions that may
cause injury or damage to any persons or property within and around the work site. In case of
conflict, the most stringent safety requirement shall govern;
8.3. Indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines penalties and liability of every kind arising from the breach of the Successful
Bidders'obligations under this paragraph.
9. PRICING: The bidder shall determine and submit a fixed cost for the work and shall include all
incidental costs, labor,overhead charges,travel, payroll expenses,freight,equipment acquisition and
maintenance, demurrage,fuel surcharges, delivery charges,costs associated with obtaining permits,
insurance, bonds and risk management. No separate line item charges shall be permitted for either
response or invoice purposes.
10. PRICE INCREASE: There will be no price increase allowed for the lease and maintenance of the
specified commercial exercise equipment for the Clay Madsen Recreation Center during the thirty-
six(36)term of the lease.
11. AGREEMENT TERM: The terms of the awarded agreement shall as follows:
11.1. The term of the Agreement shall begin from date of award and shall remain in full force for
thirty-sixty(36) months.
11.2. The City reserves the right to review the awarded bidders' performance anytime during the
contract term.
Exhibit "A"
Page 5 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
12. ACCEPTANCE/INSPECTION: Acceptance inspection should not take more than five (5) working
days. The vendor will be notified within this time frame if the services provided is not in full compliance
with the project scope. If any service is canceled for non-acceptance, the needed equipment or
service may be purchased elsewhere and the vendor may be charged full increase, if any, in cost
and handling.
Exhibit "A"
Page 6 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
PART II
SPECIFICATIONS
1. SCOPE/SERVICE REQUIREMENTS: The City of Round Rock is soliciting formal written bids
to establish a multiple year contract from a qualified person, firm or corporation, herein after
"Bidder" who is experienced and in providing for the lease, delivery, installation, and
maintenance of commercial grade cardio fitness equipment for the Clay Madsen Recreation
Center(CMRC)weight room.
1.1. Vendor must ensure that all fitness equipment is in good working condition, operable
and safe always through quarterly preventative maintenance and immediate repairs.
1.2. Equipment must be inspected on a regular basis. CMRC requires vendor to maintain
and calibrate fitness equipment once every month or as recommended by
manufacturer.
1.3. CMRC will notify the vendor when there are problems with the fitness equipment and
vendor must be able to repair or replace within 48 hours.
1.4. Lease price shall include all costs of regular maintenance and repairs. No additional
costs shall be charged for the maintenance or replacement of equipment, to include
parts and labor.
1.5. Vendor must coordinate with CMRC representative on the repairs and/or replacement
of fitness equipment.
1.6. Vendor must be available within the working hours of 7:00 a.m.—6:00 p.m. No work
shall be performed on holidays observed by CMRC.
1.7. All work described in the scope of services shall be performed in the least inconvenient
manner to CMRC employees and members.The amount of time that normal operations
are interrupted must be kept to an absolute minimum and shall be coordinated with the
Contract Administrator or designee.
1.8. Vendor shall provide contact information for immediate resolution of issues. CMRC
may require at any time, based on utilization, to replace fitness equipment currently
installed at CMRC facilities.
2. CRITICAL EQUIPMENT REQUIREMENTS: The City seeks to continue to provide the CMRC
members with top quality fitness equipment for cardiovascular exercise and apparatus for
training each muscle group. With this goal in mind, an equipment schedule is being provided
herein,
NOTE: All scheduled equipment shall be proposed for a lease period of three
(3) years.
Bidder shall provide at a minimum cardio commercial exercise equipment as outlined below:
Quantity: Item: Description:
8 Precor, Model TRM 835 V2 Treadmill
or Buyer Approved 120v
Equal P30 Console, V2
Motor:
Exhibit "A"
Page 7 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
Bidder shall provide at a minimum (Continued):
IFT-Drive controller works with a new,
high efficiency 4 HP AC motor that
delivers improved performance,
reliability and efficiency.
Emergency Stop:
Safety clip and lanyard attached to the
stop switch to immediately turn off
power bringing the treadmill to a stop.
The lanyard and safety clip can be
conveniently attached to a thoughtful tab
located underneath the front handrail.
Quantity: Item: Description:
2 Precor, Model EFX 835 V2 Treadmill
or Buyer Approved Dual Action
Equal w/Converging Crossramp
P30 Console V2
CrossRamp®Technology:
With Precor patented adjustable
CrossRamp®technology, you can alter
the height of the elliptical path your foot
travels. Called Variable Stride
GeometryTM, this allows you to focus on
a specific muscle group or all major
lower-body muscle groups, so you can
work the muscles you want,when you
want.
CrossRamp®Technology:
Automatic
Handlebars:
Moving, for total-body workout
Biomechanics:
The patented low-impact EFX motion is
smooth and natural, providing the lowest
Rate of Perceived Exertion of any cardio
exercise system to make your workouts
more comfortable, even though you are
working out strenuously. The patented
motion allows your heels to remain in
Exhibit "A"
Page 8 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
Bidder shall provide at a minimum (Continued):
contact with foot pedals, reducing
muscle and tendon stress.
Quantity: Item: Description:
2 Precor, Model EFX 833 V2 Treadmill
or Buyer Approved Fixed handrail
Equal w/Converging Crossramp
P30 Console, Version 2
Bearings:
Dual, in-line polyurethane wheels with
over-sized axles and premium sealed
bearings provide a perfectly balanced
load, gliding on stamped, stainless steel
tracks for an incredibly smooth feel.
Foot Pedals:
Oversized, polypropylene foot pedals fit
your largest user and are easy to clean
Ramp:
Converging Adjustable CrossRamp®
Biomechanics:
Biomechanics validated by a
Washington state university for users of
all ages, fitness levels and sizes,from
the 5% size female to the 95% size
male user.
Minimum Watts:
18 watts
Maximum Watts:
720 watts
Exhibit "A"
Page 9 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
Quantity: Item: Description:
3 Precor, Model No. Adaptive Monitor Trainer
AMT 835-OS or P-30 Console
Buyer Approved Open Stride 30 Console
Equal
Minimum Watts:
20 watts
Maximum Watts:
375 watts
Resistance System
Twenty resistance levels ranging from
20 watts(level 1 at 60 SPM, zero stride
length)to 375 watts(level 20 at 120
SPM, max stride length).
Electronic Readouts:
20 Readouts
Resistance Level
Open Stride Level
Distance, Strides/Min, Calories/Min
Calories
Heart Rate
Time Remaining, Time Elapsed
% Complete, Time in Zone, Segment
Time Remaining, Average Speed
(strides per min), Calories/min,
Calories l hour, Watts, METS,
Target HR;Average HR, Stride Length
Exhibit "A"
Page 10 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
Quantity: Item: Description:
4 Precor, Model No. RBK 835 Recumbent Bike
of Buyer Approved P30 Console
Equal
Minimum Watts:
18 watts(level 1 at 20 RPM)
Maximum Watts:
750 watts(level 25 at 150 RPM)
Resistance Levels:
25
3-Piece Crank:
3-piece crank tightens positively,
reducing the need for periodic
adjustments. The 170 mm crank arm
accepts any standard road or mountain
bike pedal.
Quantity: Item: Description
2 Precor, Model No. UBK 835 Upright Bike
or Buyer Approved P30 Console
Equal
3-Piece Crank:
3-piece crank tightens positively,
reducing the need for periodic
adjustments. The 170 mm crank arm
accepts any standard road or mountain
bike pedal.
Drive System:
The two-stage drive system yields a
smooth, comfortable, quiet operation
with a lower start-up resistance and
Exhibit "A"
Page 11 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
Bidder shall provide at a minimum (Continued):
more consistent resistance progression
than single-stage drive systems.
3-Phase Generator:
3-phase generator/eddy current
resistance system requires no backup
battery in order to efficiently power the
bike.
Quantity: Item: Description
21 Precor, Model No. Audio Entertain Cap
PHTCLCAP 310XX105 900 MHz Integrated Wireless Audio
or Buyer Approved Audio receiver for P30 & P10 Co
Equal
3. DELIVERY AND INSTALLATION: Bidder shall provide cost proposal for the following:
3.1 Freight and delivery to CMRC fitness area of specified equipment in new condition and
ready for continued use.
3.2 All materials, product and labor for delivery, unpacking and installation services
necessary for the complete fitness center package specified.
3.3 Any equipment that is delivered in damaged or non-working condition shall be removed
and replaced within 72 hours.
3.4 All equipment set-up and acceptance testing shall be coordinated with City's—
Recreation Manager within 24 hours of installation.
3.5 Removal and disposal of all associated rubbish.
3.6 Final site clean-up.
4. MAINTENANCE AGREEMENT: The minimum maintenance agreement requirements shall include
three (3) years of preventative maintenance, parts and labor warranty, and quarterly inspections.
Bidder shall specify response times for service calls including a quarterly maintenance schedule.
Bidder shall provide a detailed outline of services for all scheduled and unscheduled maintenance
of proposed equipment on an annual basis to be included in the cost of bid response.
5. EXISTING EQUIPMENT REMOVAL&TRADE-IN: Bidder shall provide a trade-in value on existing
Clay Madsen Recreation Center equipment, herein ATTACHMENT D. Trade-in shall include the
removal of said equipment from the CMRC site.
6. COMMUNICATION: The successful bidder shall provide communication equipment as
necessary to perform the Services. This may include 2-way radios, pagers, cellular phones,
telephone answering devices, e-mail and fax machine.
Exhibit "A"
Page 12 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
6.1. The successful bidder shall respond to communication requests from the Clay Madsen
Recreation Center within a forty-eight(48) response time during the normal working hours of
7:00 a.m. to 6:00 p.m.,_in order to be onsite for any repairs of equipment that is not working
properly.
6.2. The successful bidder shall contact the City, at a time mutually agreed upon by the City and
the successful bidder to discuss equipment to be maintained. Failure to contact the City's
authorized designee, or designee, per the agreed upon schedule may constitute a breach of
Contract and termination of Agreement.
7. SERVICE REQUIREMENT LOCATION: Services shall be performed at the City location as
follows:
Clay Madsen Recreation Center
1600 Gattis School Road
Round Rock, Texas, 78664
8. POINT OF CONTACT/DESIGNATED REPRESENTATIVE:
8.1. Bidder's Point of Contact: In order to maintain consistent standards of quality work performed
at the Clay Madsen Recreation Center, the City shall be provided with a designated and
identified point of contact upon award of the contract to include contact information. The City's
designated representative shall be notified by the bidder immediately should the point of contact
change.
8.2. The City's designated representatives for the Clay Madsen Recreation Center shall be:
Reggie Davidson, MSRLS, CPRP
Recreation Manager
City of Round Rock, Parks and Recreation Department
9. WORKFORCE: Successful Bidder shall:
9.1.The Vendor shall employ only orderly and competent workers, skilled in the performance of the
services which they shall perform under the Agreement.
9.2.The Vendor, its employees, subcontractors, and subcontractor's employees while engaged in
participating in an Agreement or Purchase Order or while in the course and scope of delivering
goods or services under a City agreement may not;
9.2.1. Use or possess a firearm, including a concealed handgun that is licensed under
state law, except as required by the terms of the agreement; or
9.2.2. Use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence or alcohol
or controlled substances, on the job.
9.3. If the City or City's representative notifies the vendor that any worker disorderly, disobedient or
incompetent, has knowingly or repeatedly violated safety regulations, has possessed an
firearms, or has possessed or was under the influence of alcohol or controlled substances on
the job, the Vendor shall immediately remove such worker from Agreement services, and may
not employ such worker again on Agreement services without the City's prior written consent.
10. PERMITS: The Successful Bidder shall obtain all necessary permits, licenses, and/or certificates
required by federal, state and local laws, ordinances, rules or regulations for the completion of the
services as specified herein.
Exhibit "A"
Page 13 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
PART III
SCHEDULE AND RESPONSE INSTRUCTIONS
1. SCHEDULE OF EVENTS: It is the City's intention to comply with the following solicitation timeline:
EVENT DATES
Solicitation released June 30, 2017
Deadline for submission of questions July 7, 2017 @ 5:00 PM, CST
City responses to questions or addendums July 11, 2017 @ 5:00 PM, CST
Deadline for submission of responses July 14, 2017 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by July 7,2017,at 5:00 p.m., CST
on the due date noted above to: Mike Schurwon, CPPB, CTPM, Purchasing Department at:
mschurwon(a)-roundrocktexas.gov
A copy of all the questions submitted and the City's response to the questions shall be posted in
writing by July 11, 2017 @ 5:00 p.m. on the City's webpage in the form of an addendum at:
https://www.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/
NOTE: The City reserves the right to modify these dates. Notice of date change will be posted to
the City's website.
2. SOLICITATION UPDATES: Bidders shall be responsible for monitoring the City's website for any
updates pertaining to the solicitation described herein at:
https://www.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/
NOTE:Various updates may include addendums, cancelations, notifications, and any other pertinent
information necessary for the submission of a correct and accurate response. The City will
not be held responsible for any further communication beyond updating the website.
3. RESPONSE DUE DATE: Signed and sealed responses are due at or before July 14, 2017, at 3:00
p.m., on the due date noted in Part III, Section 1. Mail or hand deliver sealed responses to:
City of Round Rock
Purchasing Department
Attn: Mike Schurwon, CPPB, CTPM
221 E. Main Street
City Hall - 111 Floor Receptionist Desk
Round Rock, Texas 78664-5299
3.1 Sealed responses shall be clearly marked on the outside of packaging with the Company
name, Solicitation number(IFB No. 17-022)title(Exercise Equipment Lease), due date, time,
and "DO NOT OPEN".
3.2 Facsimile or electronically transmitted responses are not acceptable.
3.3 Responses cannot be altered or amended after opening.
3.4 No response can be withdrawn after opening without written approval from the City for an
acceptable reason.
3.5 The City will not be bound by any oral statement or offer made contrary to the written
specifications.
3.6 Samples and/or copies shall be provided at the bidder's expense, and shall become
property of the City.
Exhibit "A"
Page 14 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
4. BEST VALUE EVALUATION CRITERIA: The City reserves the right to reject any or all responses, or
to accept any response deemed most advantageous, or to waive any irregularities or informalities in
the response received that best serves the interest and at the sole discretion of the City. All solicitations
received may be evaluated based on the best value for the City. In determining best value, the City
may consider:
4.1 Purchase price;
4.2 Reputation of Bidder and of Bidder's goods and services;
4.3 Quality of the Bidder's goods and services;
4.4 The extent to which the goods and services meet the City's needs;
4.5 Bidder's past performance with the City;
4.6 The total long-term cost to the City to acquire the Bidder's goods or services;
4.7 Any relevant criteria specifically listed in the solicitation.
NOTE: Bidders may be contacted for clarification of bid and/or to discuss details of the services they
are proposing. This may include a presentation and/or the request for additional material/information
to clarify.
5. AWARD: The City may choose to not award an Agreement. Split awards between Vendors may be
made at the sole discretion of the City. The City reserves the right to enter into an agreement or a
purchase order with a single award, split awards, or use any combination that best serves the interest
and at the sole discretion of the City.
6. POST AWARD MEETING: The City and Successful Bidder(s) may have a post award meeting to
discuss, but not be limited to the following:
6.1 The method to provide a smooth and orderly transition of services performed from the current
contractor;
6.2 Provide City contact(s) information for implementation of agreement;
6.3 Identify specific milestones, goals and strategies to meet objectives.
7. NON-APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only.
It is understood and agreed the City shall have the right to terminate the Agreement at the end of any
City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the
estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City
may affect such termination by giving Vendor a written notice of termination at the end of its then current
fiscal year.
8. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be
extended the opportunity to purchase off the City's agreements, with the consent and agreement of the
awarded Vendor(s)and the City. Such consent and agreement shall be conclusively inferred from lack of
exception to this clause in a Bidder's submittal. However, all parties indicate their understanding and
hereby expressly agree that the City is not an agent of, partner to, or representative of those outside
agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of
such independently-negotiated "piggyback"procurements.
Exhibit "A"
Page 15 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
PART IV
RESPONSE REQUIREMENTS
The City of Round Rock makes no warranty that this checklist is a full comprehensive listing of every
requirement specified in the solicitation. This list is only a tool to assist participating bidders in compiling
their final responses. Bidders are encouraged to carefully read the entire solicitation.
Bidders shall submit one (1) evident signed "Original" and three (3) hard copies of the bid response
requirements including any required attachments and one (1) electronic copy of IFB response on flash
drive. The samples and/or copies shall be provided at the bidder's expense, and shall become the property
of the City.
This invitation for bid (IFB) does not commit the City to contract for any supply or service. Bidders are
advised that the City will not pay for any administrative costs incurred in response preparation to this IFB;
all costs associated with responding to this IFB will be solely at the interested parties' expense. Not
responding to this IFB does not preclude participation in any future RFP/RFQ/IFB.
For your bid to be responsive, all required items identified below shall be submitted with your
proposal.
Attachment A-Bid Sheet: Responses shall be submitted on itemized, signed Bid Sheet provided
herein. Failure to itemize or sign solicitation may result in disqualification. Submission of responses
on forms other that the City's Solicitation Document may result in disqualification of the response.
Attachment B— Bidder's Reference Sheet: Provide completed Bidder's Reference Sheet, which
includes the name, address, telephone number and E-Mail of at least three (3) Municipal,
Government agencies or firms of comparable size that have utilized similar service within the last two
(2) years. City of Round Rock references are not applicable. References may be checked prior to
award. Any negative responses received may result in disqualification of submittal.
Attachment C — Addendum Acknowledgment Form: Provide signed copy of the Addendum
Acknowledgement Form or a signed copy of each issued addendum with bid upon submission.
Attachment D — Equipment Trade-In List: Bidder(s) shall provide a copy of trade-in value for
current Clay Madsen Recreation Center existing exercise equipment.
The following items shall be made available upon request by the City prior to award and the approval
of any contract:
Proof of insurance for General Liability, Worker's Compensation and standard automobile liability
coverage as set forth by the Insurance Requirements as identified on the City's website at:
https://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07.20112.pdf
PART V
CONFIDENTIALITY OF CONTENT
1. CONFIDENTIALITY OF CONTENT:All documents submitted in response to a solicitation shall be
subject to the Texas Public Information Act. Following an award, responses are subject to release
as public information unless the response or specific parts of the response can be shown to be
exempt from the Texas Public Information Act. Pricing is not considered to be confidential under
any circumstances.
1.1 Information in a submittal that is legally protected as a trade secret or otherwise confidential
must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that
section of the document. The City will not be responsible for any public disclosure of
confidential information if it is not clearly marked as such.
Exhibit "A"
Page 16 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/Item: 805-05/805-57
June 2017
1.2 If a request is made under the Texas Public Information Act to inspect information designated
as confidential, the Bidder shall, upon request from the City,furnish sufficient written reasons
and information as to why the information should be protected from disclosure. The matter
will then be presented to the Attorney General of Texas for final determination.
PART VI
GENERAL TERMS AND CONDITIONS/INSURANCE REQUIREMENTS
(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)
1. INSURANCE: The Bidder shall meet or exceed all insurance requirements set forth by the
Insurance Requirements as identified on the City's website at:
https://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07.20112.pdf
2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation,the Bidder
agrees that the City's standard Definitions, Terms and Conditions, in effect at the time of release of
the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the
face of a purchase order. Said Definitions, Terms and Conditions are subject to change without
notice. It is the sole responsibility of Bidders to stay apprised of changes. The City's Definitions,
Terms and Conditions can be obtained from the City's website at:
https://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr t c revised 07.2011.pdf
3. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt
Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within
thirty days after the acceptance of the supplies, materials, equipment, or the day on which the
performance of services was completed or the day, on which the City receives a correct invoice for
the supplies, materials, equipment or services,whichever is later. The Vendor may charge a late fee
(fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made
by the City in the event:
3.1 There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be late;
or
3.2 The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
3.3 The is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor
and its suppliers concerning supplies, material, or equipment delivered or the services
performed which caused the payment to be late; or
3.4 The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or agreement or other such contractual agreement.
Exhibit "A"
Page 17 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/item: 805-05 805-57
June 2017
ATTACHMENT A: BID SHEET
PURCHASING DEPARTMENT
221 E. Main Street- Round Rock,Texas 78664.5299
Solicitation Number 17-022 Tax ID Number:
Solicitation Name, Exercise Equipment Lease z
< p Business Name:
Opening Date. July 14, 2017
Address:
Opening Time On or Before 3-00 PM ...........
z
CST Address: _5�144A/L 6,twj
z
Opening Location: City of Round Rock
City Hall, 1 It Floor Contact:
Reception Desk O 24/ �2jci r7
U 221 E.Main Street Teleplione:
Round Rock,TX 78664
E-mail:
In order to do business with the City of Round Rock you must be registered with the City's Vendor Database. To
register, go to: htt-pg://roundrock.munisselfservice.comNendors/default.aspx
INSTRUCTION TMJ BIDDER(S): The costs of all scheduled and unscheduled maintenance for proposed commercial
exercise equipment lease shall be included in the monthly bid price. A bid of'0'(zero)will be interpreted by the
City as a "no-charge"(free) item and the City will not expect to pay for that item.A bid of'no bid'will be interpreted
by the City that the responder does not wish to bid on that item.
Item#
Description
Quantity Monthly Unit Price Extended Price
...............
.............................. .........
Precor, Model TRM 835 V2, Treadmill, Qty. —8
each, or but 36 Moir q �_2 7 s3 363 A`V
yers approved equal
2i Precor, Model EFX 835 V2, Treadmill, Qty. —2
-3 3 2.61
each, or buyers approved equal 36 Mo (q,
Precor, Model EFX 833 V2, Treadmill, Qty. —2
3
each, or buyers approved equal 36 Mo T
4-
Precor, Model AMT 835-OS, Trainer, Qty. — 3
4
36 Mo
each, or buyers approved equal
Precor, Model RBK 835, Recumbent
Bike,
36 Mo
3?-/, OY
Qty. —4 each, or buyers approved equal
6 Precor, Model UBK 835, Upright Bike, Qty. —2
36 Mo,
each, or b�r§ approved equal
pp
P ........... ._._._.._.......r......_..._..... ..........
Precor, Model HTCLCAP 31OXX105, Audio ..........
-A T
7 Entertain Cap, Qty, —21 each, or buyers 36 Mo
improved equal ............
—----------------
Exhibit "A"
Page 18 of 22
EXERCISE EQUIPMENT LEASE
IFB No. 17-022
Class/item: 805-05 805-57
June 2017
ATTACHMENT A: BID SHEET
(Continued)
8 Exercise Equipment Installation Costs
/A; oHr,- 1 Lot
9 Freight Charges t-tv
I Lot
10 (Less) Trade-in—Attachment D I Lot SVC)
11 Down Payment if p (1jCW e
jlivable <
,g
q reu 1 Lot
30J
I-A15AW
Total: $ OT
Buyout Option—The City requires a $1 buyout at the end of the 36 month- Check here to confirm
NOTE: If bidding an alternate manufacturer, bidder(s) must submit descriptive literature with their bid
response for evaluation purposes.
By the signature hereon affixed,the Bidder hereby certifies that neither the bidder nor the entity represented by the bidder,or anyone acting-for
such entity has violated the antitrust laws of this state,codified in section 15-01 et seq.,Texas Business and Commerce Code or the Federal
antitrust laws,nor communicated directly or indirectly,the response made to any competitor or any other person engaged in such line of
business. Further,by signing and submitting this response the Bidder acknowledges
• That they have read and fully understand the solicitation and accept all terms and conditions set forth herein.
The bidder is not currently delinquent in the payment of any debt owed to the City,
•
Sealed response envelope shalt be clearly marked with solicitation name,solicitation number and name of responding entity.
The agreement or purchase order resulting from this solicitation may qualify for Inter-local or Cooperative Contracting(Piggybacking)per the
kj I
terms and conditons outlined in this solicitation. If applicable.do you agree to"piggyback"purchasing from other governmental agencies?
Yes No Response shaffiri ude one(1iqnecl original and three(3)copies of bid response
Z
;4
U
_< PhLAL- Ck(De Ch A-&-g
� 2
Printed Name
Failure to sign response will disqualify response. Authorized Signa ure Date
Exhibit "A"
Page 19 of 22
EXERCISE EQUIPMENT LEASE
|pBNo. 17'022 Ism
Class/item 808 05/8O5-57 VNIGINAL
Juno2017
ATTACHMENT B:
BIDDER'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER:
BIDDER'S NAME: MNk
��T�:
Provide the name,address,telephone number and e-mail of at least three(3)Municipal and/or Government
agencies or firms of comparable size that have utilized similar service within the last two(2) years. City of
Round Rock references are not applicable. References may be checked prior to award. Any negative
responses received may result indisqualification ofsubmittal.
1 Company's Nome lotntv cfve�,ele__ hi"A
Name ofContact
-z-
Title of Contact ^
E-Mail Address
Present Address —
City, Gtoba, Zip Code
Telephone Number —
2. Company's Nome
Name ofConta�� — /
Title o[Contact �
E-Mail Address
Present Address
City' 8bate, Zip Code
Telephone Number 01- 5�;Pte Fax Number:
3. Company's Name
Name of Contact /
Title ofContaotM&h E7`
.
IL re
E-Mail Address
Present Address
City, State, Zip Code
TeophoneNumber
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Exhibit o»�'/
�—��/ o/���u ��
EXERCISE EQUIPMENT LEASE A" RI '2' INAL
IFB No 17-022
Class/Item* 805-05/805 57 0
June 2017
ATTACHMENT C
ADDENDUM ACKNOWLEDGMENT FORM
NOTE: If multiple addendums have been issued, Bidders may complete and return this attachment with
their proposal in place of the individual addendums to be submitted. Failure to provide either this form or
the individual addendums with signatures may result in disqualification of the proposal.
Addenda Acknowledgment: The undersigned acknowledges the receipt of the following Addenda:
Addendum #: Dated:
Addendum #: Dated:
Addendum #: Dated:
Addendum #: Dated:
Addendum #: Dated:
Bidder(Company): ,
4034 4-
Signature(in ink):
Name(Typed/printed):
Title: Date: 1
Exhibit "A"
Page 21 of 22
EXERCISE EQUIPMENT LEASE
I F B No. 17-022
Class/Item: 805 05 1 805-57 ORIGINAL
June 2017
ATTACHMENT D
TRADE-IN EQUIPMENT
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION
RESPONSE ON TRADE-IN EQUIPMENT AS LISTED BELOW.
Solicitation No. 17-022— Exercise Equipment Lease
Qty_ Item Number Description
8 TRM 835 V2 Precor, 835 Treadmill,
120 v—P30 Console, V2
2 EFX 835 V2 Precor, 835 EFX-- Dual
Action w/Converging
Crossramp
P30 Console, V2
3 EFX 835 V2 Precor, 833 EFX— Fixed
Handrail w/Converging
Crossramp
P-30 Console, V2
4 AMT 835-OS Precor, 835 AMT—
Adaptive Motion Trainer
w/Open Stride
P-30 Console
5 RBK 835 Precor, 835 RBK
Recumbent Bike
P-30 Console
6 UBK 835 Precor, UBK Upright Bike
P30 Console
7 PHTCLCAP- Precor, Audio
321OXX105 Entertainment Cap
TOTAL TRADE-IN EQUIPMENT PRICE: $
Exhibit "A"
Page 22 of 22
ORIGINAL
ROUND KTEXA5
ASING
PURCH:DIVISION
CITY OF ROUND ROCK
|p1SNO. 17-O22
EXERCISE EQUIPMENT LEASE
\FB No. 17-022 Addendum No. 1 Date: Tuesday, July 1Y. 2017
Addendum No. 1. dated, Tuaadoy. July 11. 2017. is being issued to respond to all questions submitted
by the deadline on Friday, 07/07/17. @ 5:00 p.m. for |FB No. 17-D22 — Exercise Equipment Lease as
outlined below:
Question No. 1: In Port U. GpecUico8ona, 1. Scope/Service Requirements, 1.2. states that "Equipment
must be inspected on o regular basis. CK8R<] requires vendor to maintain and ooUbnste fitness
equipment once every month oraerecommended byrnanufactunar'
VNU the Clay Madsen Recreation Center require the awarded vendor to maintain and calibrate fitness
equipment once every month oraerecommended bymanufacturer?
Answer.- This is mgenena! statement to assure that maintenance is provided onthe equipment, The
service can be provided during the regularly scheduled quarterly visits that are provided,
Question No. 2: In regards to Bid #17'022. our company does not lease individual pieces of equipment.
I would like to know if I can give a total lease price for all the equipment on the bid?
Answer: The City of Round Rock has requested pricing for the lease of exercise equipment as itemized
onthe Attachment A: Bid Sheet, pages 10of22and 19of22. Please refer toAftaohmentA: Bid Sheet.
Approved by: / ' Duha� 09
Michael 8uhunwon. Purchaser
By the signatures affixed below this addendum is hereby incorporated into and made a port of the above
referenced solicitation.
ACKNOWLEDGED:
Vendor Authorized Signature*17 Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR
SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD.
Page \
Exhibit '/A"
Marathon Fitness Sales Proposal
www.MarathonFitness.com Date Page
P.O. Box 17706 Feb 14,2017 Page 1 of 1
Sugar Land, TX 77496 Proposal Number
Tel:(800)391-9496 Fax:(888) 240-9360 QT0009934
1
Fitness Center Specialists
Bill To: Ship To:
M2462 -City of Round Rock City of Round Rock (PM)
Accounts Payable 1600 Gattis School Rd.
221 E. Main St. Round Rock, TX 78664
Round Rock, TX 78664
Salesperson Proposal valid Until Terms
Demanee Anderson 4/1512017 Special
Qty. Item Number Description Unit Retail Sates Price Extended Price
1 MISC Down Payment Rental Quote Q-10009746 $30,800.00 $30,800.00 $30,800.00
Includes freight,installation,3 years parts,3 years labor
warranty and 3 years(quarterly)preventative
maintenance
Subtotal $30,800.00
Sales Tax 0.00% $0.00
1 accept the terms and conditions of this proposal. Prices are valid for 30
days. Equipment remains the property of Marathon Fitness until paid in full.
Signature: PO# Tota! $ 30,800.00
Printed Name:_ Title:
DELIVERY INSTRUCTIONS:
Must arrive by I / Loading Dock: Yes No
Elevator: Yes No
Exhibit "A
Frame: _ Upholstery.-
Exhibit "A"
Marathon Fitness Sales Proposal
www.MarathonFitness.com Date Page
P.O. Box 17765 Feb 1,2017 Page 1 of 2
Sugar Land, TX 77496 Proposal Number
Tel:(860) 391-9496 Fax:(888)24.0-9366 OT0009746
Fitness Center Specialists
Bill To: Ship To:
M2462-City of Round Rock City of Round Rock (PM)
Accounts Payable 1600 Gattis School Rd.
221 E. Main St. Round Rock, TX 78664
Round Rock, TX 78664
Salesperson Proposal Valid Until Terms
Demariee Anderson 4!2!2017 Net 30
Qty. Item Number Description Unit Retail Sales Price Extended Price
NOTE Full Cardio Replacement
8 TRM 835 V2 TRM 835 Treadmill,120v-P30 Console,Version 2 $8,755.00 $6,128.50 $49,028.00
2 EFX 835 V2 Precor 835 EFX-Dual action wlConverging Crossramp- $7,495.00 $5,246.50 $10,493.00
P30 Console,Version 2
2 EFX 833 V2 Precor 833 EFX-Fixed handrail wlConverging $6,495.00 $4,546.50 $9,093.00
Crossramp-P30Console,Version 2
3 AMT 835-OS AMT 835-Adaptive Motion Trainer- P30 Console OPEN $9,395.00 $6,576.50 $19,729.50
STRIDE30 Console
4 RBK 835 RBK 835 Recumbent Bike,P30 Console $4,175.00 $2,922.50 $11,690.00
2 UBK 835 UBK 835 Upright Bike,P30 Console $3,865.00 $2,705.50 $5,411.00
21 PHTCLCAP321OXX105 Audio Entertainment Cap-900 MHz integrated wireless $199.00 $159.20 $3,343.20
audio audio receiver for P30&P10 consoles
-1 TRADE-EQUIPMENT Trade-In Equipment $11,500.00 $11,500.00 $-11,500.00
August/September 2014
8-TRM 835 V2
AGN BI-119140044
AGNBH2O140014
AGNBH19140043
AGNBV120140013
AGNBH19140042
AGNBH2O140012
AGNBG16140040
2-EFX 835
ADFXG17140074
ADFXE30130005
2-EFX 833
AEXXC2740011
AEXX D02140007
Quotation continued on next page...
Exhibit A �
Marathon Fitness Sales Proposal
www.MarathonFitness.com Date Page
P.O. Box 17705 Feb 1,2017 Rage 2 of 2
Sugar Land, TX 77496 Proposal Number
Tel:(800) 391-9496 Fax:(888) 240-9360 QT0009746
Fitnoss Center Specialists
Bill To: Ship To:
M2462-City of Round Rock City of Round Rock(PM)
Accounts Payable 1600 Gattis School Rd.
221 E. Main St. Round Rock, TX 78664
Round Rock, TX 78664
Salesperson Proposal Valid Until Terms
Demariee Anderson 41212017 Net 30
Qty. Item Number Description Unit Retail Sales Price Extended Price
3-AMT 835-OS
AJTEG31140021
AJTEB10140012
AJTEF19140036
4-R8K 835
AXHGG23140018
AXHGG23140017
AXHGF26140006
AXHGF24140035
2-UBK 835
AYZGG23140032
AYZGG23140031
NOTE Stairmaster Stepmill not included
Subtotal $97,287.70
Sales Tax 0.00% $0.00
1 accept the terms and conditions of this proposal. Prices are valid for 30
days. Equipment remains the property of Marathon Fitness until paid in full.
Signature: PO# Total $ 97,287.70
Printed Name: Title:
DELIVERY INSTRUCTIONS:
Must arrive by Loading Dock: Yes No
Elevator: Yes No �� ��;g � � � � � � '�,��
Exhibit "A
Frame: Upholstery: