R-10-09-23-10E3 - 9/23/2010RESOLUTION NO. R -10-09-23-10E3
WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of services
relating to the supply and replacement of HVAC filters in various City of Round Rock buildings, and
for related goods and services, and
WHEREAS, Star Air, Inc. has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Star Air, Inc., 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 Purchase of Services Relating to HVAC Filter Replacement From Star Air, Inc., a copy
of said Agreement being attached hereto as Exhibit "A" and incorporated herein.
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 times 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 23rd day of September, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
4A,- v.e(*kbt
SARA L. WHITE, City Secretary
O:Awdox\SCClntsV0112V1005\MUNICIPALV00202808.DOC/rmc
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF SERVICES
RELATING TO HVAC FILTER REPLACEMENT FROM
STAR AIR* INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
This Agreement is for purchase of services relating to the supply and replacement of
HVAC filters in various City of Round Rock buildings, and for related goods and services, and is
referred to herein as the "Agreement." This Agreement is made and entered into on this the
day of the month of , 2010, 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 STAR AIR, INC., whose offices
are located at 1502 Brandi Lane, Suite A, Round Rock, Texas 78681, referred to herein as "Star"
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 purchase services relating to the supply and replacement of
HVAC filters in various City buildings, and to purchase associated goods and services, and City
desires to purchase same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" 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:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and services and Vendor is obligated to sell specified
goods and services. The Agreement includes the following: (a) City's Invitation for Bid
designated as IFB 10-023, Specification Number 05-910-36-01 revised June 2010; (b) Vendor's
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EXHIBIT
„A»
Response to IFB; (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:
This Agreement;
Purchaser's Response to IFB;
City's Invitation for Bids, 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. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the goverment of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Star Air, Inc., or any successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND 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 term of this Agreement is for sixty (60) months from the effective date
hereof. After that initial term, this Agreement may be renewed for successive terms of twelve
(12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to
occur on or before the expiration date of the preceding term, and with such renewals being
absolutely predicated upon the express written agreement of both parties. Such renewals are
permitted only provided Vendor has performed each and every contractual obligation specified
in this original Agreement.
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
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
2
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
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.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
10-023, Specification Number 05-910-36-01 revised June 2010; 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.
The goods 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 BID ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 UNIT COSTS
Unit costs listed on the bid included as Exhibit "A" shall be the basis of any charges
collected by Vendor.
Vendor expressly acknowledges and agrees with the following statement contained on
the bid: "The quantities shown on the IFB are estimates only. No guarantee of any minimum
or maximum purchase is made or implied. The City will only order the services needed to
satisfy operating requirement, which may be more or less than indicated."
Vendor expressly acknowledges and agrees that City has the right to direct that services
be petfortned at the locations listed on the IFB, or at other locations not listed on the IFB; and
further that City has the right to direct that services be performed at some, all, or none of the
locations listed on the IFB.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
3
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
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 Govermnent 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.
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.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
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 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.
9.01 PROMPT PAYMENT POLICY
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:
A.
B.
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
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
4
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on
the purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
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.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB
10-023, Specification No. 05-910-36-01 revised June 2010 (including Attaclunent A "City of
Round Rock Insurance Requirements" and all attachments and exhibits); and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Rolando Rodriguez
Building Maintenance Supervisor
Public Works Division
Round Rock, Texas 78664
512-341-3144
15.01 RIGHT TO ASSURANCE
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
5
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.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 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 thirty (30) 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 only 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.
6
18.01 INDEMNIFICATION
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.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
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.
20.01 ASSIGNMENT AND DELEGATION
The parties each 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.
21.01 NOTICES
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 the recipient's address as stated herein; 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:
Star Air, Inc.
1502 Brandi Lane, Suite A
Round Rock, TX 78681
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
7
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
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.
23.01 EXCLUSIVE AGREEMENT
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.
24.01 DISPUTE RESOLUTION
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.
25.01 SEVERABILITY
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. '
26.01 MISCELLANEOUS PROVISIONS
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
8
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Tinie 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.
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.
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
By:
Printed Name:
Title:
Date Signed:
Attest:
By:
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
9
Star Air, Inc.
By:
Printed Nam
Title:
Date Signed:
2 $"-40
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. UESTINAI ION. FREIGHT PREPAID AND
All OWED UNLESS Oil IER':YISE SPECIFIED BELOW
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664.5299
FACTO&E RESPONSES
SHALL NOT BE ACCEPTED
SHOW ED OPEPONG DATEI
10 NUUIER w LOBIR LEFT
HALO COMB Of SEALEDID
ENVELOPE t SNOW RETURN
ADDRESS Of $00.14G rau.
BIDDING INFORMATION:
BID NUMBER
OPENING DATE:
BID LOCATION:
10-023
7/13/2010 at 3:00 P.M
221 E. Main Street, Council
Chambers, Round Rock, TX 778664
RETURN SIGNED ORIGINAL ANO ONE COPY OF 81D
BnNIER SHALL SIGN BELOW
Failure to sign bid will disqualify bid
Maki/4.d Signatt e
cm -roc) 3 ra wA1
1--o166
Date
P
DESTINATION:
See 1.7 of Bidding instructions on page 2
TAX I° NO.: 020-06 /91.05'
City of Round Rock
LEGAL BUSINESS NAME:SIG--Qr,-, Jin(.
Various City owned facilities as per
_
ADORESS:/gee?8/4/rdr la,v Sui{ed Rowel c/C 7`X Off— /
attached Specification #10-910-36.01,
ADDRESS:
dated June 2010
CONTACT: 10 NN 01-18ro,,,L1fL38(1q.
TELEPHONE NO.: S a -(95's-- 9
BUSINESS ENTITY TYPE: (7,61--)/Y I J / UN
"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 bid made to any competitor or any other person engaged in such line of business.'
Bidder agrees to comply with all conditions set forth In this WFB.
This is for the purchase of HVAC Filter Replacement Service in accordance wiU1 specification No. 05-910.36-01, revised June, 2010 (8 pgs) Attachinent A (4 pgs)
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Business Center, 231 East Main Street.
Round Rock, TX 78664
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Round Rock, TX 78664
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EXHIBIT
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Page 2 of 3
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Utility Support. 5200 N, IH 35
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Round Rock, TX 78681
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New Plant, Bldg B,
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Clorinating Bldg,
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Highline Maintenance,
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Meter Readers
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5200 N, IH 35. Round Rock, TX 78681
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CMRC, 1600 Gattis School Road,
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Round Rock, TX 78664
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PARD Yard Site, 300 South Brown Street,
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Round Rock, TX 78664
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McConico Bldg and
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Baca Community Senior Center, Bldg 2,
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301 West Bagdad Ave, Round Rock, TX 78664
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Central Fire station, 203 Commerce Bldg,
Round Rock, TX 78664
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Fire Station 2, 200 West Bagdad Ave,
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Round Rock, TX 78664
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Fire Station 3, 1901 Rawhide Drive,
Round Rock, TX 78681
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Fire Station 6, 2919 Joe DiMaggio Blvd,
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Round Rock, TX 78665
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Fire Station 7, 2811 Oakmont Blvd,
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Round Rock, TX 78664
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Page 2 of 3
BCPM/Signai, 2015 Lamar Drive,
Round Rock, TX 78664
Potce Dept, 2701 North Mays Street,
Round Rock. TX 78665
64-18x24x2,
56-16x25x2,
30-24x24x2,
12-16x 20x2
McConico Bldg, 301 West Bagdad Ave,
Round Rock, TX 78664
Bid Sheet Page 3 of 3
IFB No. 10-023
ROUND ROCK. TEXAS
PURPOSE. PASSION. PROSPERITY
CITY OF ROUND ROCK, TEXAS
INVITATION FOR BID ADDENDUM
HVAC FILTER REPLACEMENT AND SERVICES
Addendum No. 1 Date of Addendum: July 2, 2010
The following item(s) in the 1FB identified above have been changed:
The IFB No. 10-023, Part II Specifications, #3 Pre -Bid Conference start time has been
changed from 1:30 p.m. to 9:00 a.m.
All other terms and conditions of this 1FB and specifications remain unchanged.
Approved by
gin./
By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part
of the above referenced IFB.
ACKNOWLEDGED
ST 9i2 -
Vendor
Authorized gnatu
Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE
GROUNDS FOR REJECTION OF YOUR BID.
C 8 k -f b �t ka �_ J
\B� k i
ROUND ROCK, TEXAS
PURPOSE PASSION. PROSPERITY.
CITY OF ROUND ROCK, TEXAS
INVITATION FOR BID ADDENDUM
HVAC FILTER REPLACEMENT AND SERVICES
IFB No. 10-023 Addendum No. 2 Date of Addendum: July 9, 2010
The following item(s) in the IFB identified above have been changed:
Paragraph 4.1, Part H, Specifications, page 3 of 8 is changed to read:
Air filters shall have a dust -spot rating between 35% and 80% or a Minimum Efficiency Rating
Value (MERV) of 8.
The IFB No. 10-023, Bid Sheet,( 3 pgs) has been replaced with a Revised Bid Sheet attached.
All other terms and conditions of this IFB and specifications remain unchanged.
Approved by 1.jhG
1'
)642-/
By the signatures affixed below, Addendum No. 2 is hereby incorporated into and made a part
of the above referenced IFB.
ACKNOWLEDGED
57A/Z /g„ 3-- 2 Y to
Vendor Authorize ig ure Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE
GROUNDS FOR REJECTION OF YOUR BID.
NP -B00 MERY 6
EMTENUEOSURFACE AIR FIRERS
FILTER MEDIA
The media shall composed of continuous
poly -propylene fibers which do not absorb
moisture. Fibers are electrostatically charged
which captures an increased_ amount of
smaller particulate than conventional media,_
• Based on ASHRAE Standard 52.2- 1992:.
MERV* (Minimum Efficiency Repotting Value): 8
• Based on ASHRAE test Standard 52,1.1992:
Average efficiency: 30-35%
Average arrestance: 90-93%
NEW OR EXISTING SYSTEMS
The XP -800 Filter can be used in upgrading
old systems for greater dust holding capacity,
extends replacement intervals and lengthens
the service life of any other secondary filter
considerably.
CONSTRUCTION
XP -800 Filters are enclosed in a rigid, heavy-
duty, high wet -strength beverage board, with
diagonal . support members bonded to each
sideof pleat for stability. The inside of the
enclosed frame .is bonded to the filter pack,
thus eJiimnating the possibility of air leaks.
MEDIA SUPPORT
A galvanized, expanded metal grid with an
open area of :96%: The expanded metal is
bonded to the back of the media. This elimi-
nates.the possibility of oscillation and holds
the pleat rigid.
PLEAT DESIGN
The media support grid shall be formed in
such a manner that it affects a radial pleat
design. The radial pleat allows total use of fil-
ter media.
Special size filters, those not listed, are avail-
able on a made-to-order basis.
Type XP -800 Filters are classified by
Underwriters Laboratories as a Class 2 air fil-
ter when tested in accordance with U.L.
Standard 900.
NOMINAL
FILTER DEPTH
NOMINAL
SIZE
INCHES.
ACTUAL SIZE
WIDTH .:,
DEPTH
CAPACITIES
• C!'.M;(3)
14 X_;20:
14X25
"13.5
19.
4
"`HIEN
TOTAL
GROSS MEDIA
AREA ESQ FT)
13.5
24.5
.75
605.
1210
5.3
16X20
16X25
15.5
19.5
.75
560
1100
4.8
15.5.
24;5
.75
695
1400
6.0
20 X 20
19.5
19.5
.75
695
20 X 25
24 X24
2"
.12X2Q
19.5
24.5:
.75
908'
23.5
12 X 24 ..
11'.5
23.5
• 19:5``
.75•
1400
1755
2000
6.0
7.6
9.0 ..
STANDARD CAPACITY
14 PLEATS/11111A0 FT.
HIGH CAPACITY
10 PLEATS/IIHEAR Ft
1,75.
11:5
23:5 :.
1.75
600'.
95Q'
:` 7:5
16X20`
16 X25
18X.20
18:X'24
15.5
19,5'
1.75
=fitj0`
'1185:
15.5'
.1.75
700'
1495.
85
:1
17.5
19.5,
1.75
18;X:25
20 X.20
17.5
23.5.
;7.
750 -;
;.1256-
10,
1:75
7$
1560.:::,.
=20 X 24:.::.
195,
1.76.
:705.
•
3.5
.X.25
3.5
X.25
1.76::
1.75
850.
`;18
22 <:
20
4,,
125(
23.6
1..75
1
16X:25
.5;.
26.4;
3
2400
STANDARDCAPACIFY
10 PLEATS/tUHEAR It
..ION CAAPACFEY
111 PItATSLlNEAR Fl:
15.5
24.5°
A:
.10X'24:::.
2d :)(:
.20
:5
23:5;
3.
9;5'
OK FILTER COMPANY
148021. CLEAN AIR WAIVE
TULSA; OK 74116
018=2.604771
FAK 918.268.1349
i0'
211:0
SWUM) CAPACITY
EI:PLEATS/ HNEARFT
1100400'v
:; 11 PIIATSIU HrAfl FI
OISTI B TED: Y
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
CITY OF ROUND ROCK
HVAC FILTER REPLACEMENT SERVICES
PART 1
GENERAL
1. PURPOSE: The City seeks to contract with a qualified bidder to supply and replace HVAC
pleated filters in various buildings within the City of Round Rock, Texas. City owned facility
locations and quantities are identified on the Invitation For Bid (IFB).
2. DEFINITIONS: The following definitions will be used for identified terms throughout the
specification and bid document:
2.1. Agreement - A mutually binding legal document obligating the Vendor to furnish the
goods, equipment or services, and obligating the City to pay for it.
2.2. Bid/Proposal - is a complete, properly signed response to a Solicitation that if accepted,
would bind the Bidder/Proposer to perform the resulting contract.
2.3. Bidder/Proposer - identified throughout this specification shall describe persons and
entities that consider themselves qualified to provide the goods, equipment or services.
2.4. City - Identifies the City of Round Rock, Travis and Williamson Counties, Texas.
2.5. Goods - represent materials, supplies, commodities and equipment.
2.6. Piggyback Contract - A term used to identify contract/agreement or purchase order that has
been competitively bid in accordance with State of Texas statutes, rules, policies and
procedures and have been extended for the use of state and local agencies and active
State of Texas CO-OP entities.
2.7. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods
or Services written on the City's standard Purchase Order form and which, when
accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's
authority to deliver and invoice the City for Goods or Services specified, and the City's
commitment to accept the Goods or Services for an agreed upon price.
2.8. Services - work performed to meet a demand. The furnishing of labor, time, or effort by
the vendor and their ability to comply with promised delivery dates, specification and
technical assistance specified
2.9. Subcontractor -Any person or business enterprise providing goods, labor, and/or
services to a Vendor if such goods, equipment, labor, and/or services are procured or
used in fulfillment of the Vendor's obligations arising from a contract with the City.
2.10. Vendor - (Sometimes referred to as Contractor) A person or business enterprise
providing goods, equipment, labor and/or services to the City as fulfillment of obligations
arising from an agreement or purchase order.
3. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local
Government Code (House Bill 914) requires that any vendor or person considering doing
business with a local government entity disclose the vendor or person's affiliation or business
relationship that might cause a conflict of interest with a local government entity. The Conflict of
Interest Questionnaire form is available from the Texas Ethics Commission at
www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or
delivered by hand to the City Secretary. if mailing a completed form, please mail to:
Page 1 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 7866
Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result in the disqualification of the vendor's proposal.
4. CLARIFICATION: For clarification of specifications, bidders may contact:
Margie Howard
City of Round Rock
221 East Main Street
Round Rock, TX, 78664
Telephone: 512-218-7069
mhowarderound-rock.tx.0 s
The individual above may be contacted for clarification of the specifications of this Invitation for
Bid only. No authority is intended or implied that specifications may be amended or alternates
accepted prior to closing date without written approval of the City. Under no circumstances will
private meetings be scheduled between Respondents and city staff.
5. BEST VALUE: All bids received shall be evaluated based on the best value for the City. In
determining best value, the City may consider:
5.1. The purchase price;
5.2. Reputation of the bidder and of bidder's goods and services;
5.3. The quality of the bidder's goods or services;
5.4. The extent to which the goods or services meet the City's needs;
5.5. Bidder's past relationship with the City;
5.6. The total long-term cost to the Municipality to acquire the bidder's goods or services; and
5.7. Any relevant criteria specifically listed In the solicitation.
6. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid,
the City of Round Rock prohibits ex parte communication (e.g., unsolicited) Initiated by the Bidder to
the City Official or Employee evaluating or considering the bids prior to the time a bid decision has
been made. Communication between Bidder and the City will be initiated by the appropriate City
Official or Employee in order to obtain information or clarification needed to develop a proper and
accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the
offending Bidder from consideration or award of the bid then in evaluation, or any future bid.
PART 11
SPECIFICATIONS
1. SCOPE: This specification describes a service to supply and replace HVAC pleated filters, Items
1 thru 22 once a month and item 23 shall be replaced once per quarter, for each location listed in
accordance with the minimum requirements herein.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the
supply and replacement of HVAC pleated filters on a monthly and quarterly basis. Bidders shall
be responsible for fumishing and installing equipment that meets or exceeds all of the
requirements as set forth herein, as welt as provide equipment that is designed for the intended
application.
3. PRE-BID: Pre-bid conference will be conducted Tuesday, July 7, 2010 at 1:30 p.m., 221 East
Main Street, City Councli Chambers in Round Rock, Texas.
Page 2 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
3.1 A Facilities Maintenance Coordinator will conduct a site inspection tour immediately
following the pre-bid conference on July 7, 2010.
3.2 Bidders are required to provide their own transportation for the site inspection tour.
3.3 Bidders shall sign -In at the pre-bid conference
4. SUPPLY RESPONSIBILITY; The successful bidder shall supply HVAC pleated filters as required
per Bid Form.
4.1 Air filters shall have a dust -spot rating between 35% and 80% or a Minimum Efficiency
Rating Value (MERV) of between 8 and 13.
5. SERVICE RESPONSIBILITY: The successful bidder shall change out HVAC pleated filters at
each location listed as per the Bid Form.
5.1 If the installer sees or encounters any HVAC problems, they shall immediately contact the
Building Maintenance Supervisor, Rolando Rodriguez, at (512) 341-3144 and report the
problem.
5.2 The total length of time between filter replacements per individual locations shall not
exceed five (5) weeks, unless stated as a quarterly replacement.
5.3 If the installer finds the need to change out certain filters more than once a month, they
shall notify the building maintenance supervisor to discuss and review that particular
system.
6. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance
of such bidder as responsive and responsible. All bidders shall:
6.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of goods or provision of the services as specified herein.
6.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
6.3 Provide references to include the name, address, telephone number and point of contact
of at least three entities for which the bidder has preformed similar service and or utilized
the exact technology within the past three years. Any negative responses received may
result In disqualification of bid.
6.4 Identify any subcontractors to be used for this project. Experience, qualifications and
references of the subcontractors shall be submitted. The City reserves the right to
approve or disapprove ail subcontractors prior to any work being performed.
7. ACCIDENT PREVENTION AND LIABILITY: The successful bidder shall be responsible and
liable for the safety, injury and health of its working personnel while Its employees are performing
service work.
8. SUPERVISION: The successful bidder shall, at all times, have a representative who Is
authorized to receive and an executive directive, on behalf of the successful bidder, from the
City's authorized representative.
9. SECURITY: The successful bidder shall at all times assure that the City's property is secure and
protected and that access to the buildings is denied to all persons. Additionally, no person shall
be allowed in the building that is not covered by the successful bidders insurance and bond.
10. BACKGROUND CHECKS:
Page 3 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
10.1 The successful bidder agrees to conduct background checks on all employees that will
be assigned to perform duties on City property and furnish said findings to the City prior
to commencement of work.
10.2 In an effort to provide the safest possible environment for the City employees and
enhance the security of physical resources, the City reserves the right to independently
conduct criminal background checks on applicable employees of successful bidder.
10.3 The City of Round Rock reserves the right to act as sole interpreter and authority relative
to results of background checks.
10.4 Negative or less than desirable findings of said background check shall disqualify
employees from duties required by this agreement.
10.5 Failure to remove or replace disqualified employees immediately after identification shall
be grounds for termination of this agreement by the City without prior notice.
10.6 This action shall be consistent with the requirements of the law and prudent practices,
and shall conform to the requirements of Texas Government Code 559, as it may be
amended from time to time.
11. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services needed
to satisfy operating requirements, which may be more or less than indicated.
12. ADMINISTRATOR: All work performed under this agreement will be supervised and verified by
the City representative(s) noted below.
Rolando Rodriguez
Building Maintenance Supervisor
City of Round Rock
(512) 341-3144
PART III
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. SCOPE OF SERVICE: The facilities listed are a complete compilation of the City's facilities to be
serviced at the time of this solicitation. Initial requirements of service may be reduced or
increased by the City.
1.1. The City reserves the right to delete any portion of this agreement at any time without
cause. If such right is exercised, the total fee shall be reduced by the amount established
for that service. If work has already been accomplished on the portion of the agreement
to be deleted, the Contractor shall be paid for the deleted portion on the basis of the
percentage of completion.
1.2. The City may require the addition of services from the Contractor as the requirements of
the City change. This may entail additional facility areas and/or additional services
required at contracted facilities. The Contractor shall provide the City with a cost for these
additional facilities or services based upon the cost structure utilized in establishing the
cost for the areas that were initially agreed upon.
2. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis
to the following address:
City of Round Rock
Attn: Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
Page 4 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
3. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives
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. There 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.
4. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges
associated with this agreement which arise under the antitrust laws of the United States, 15
USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and
Com. Code, Section 15.01, ej sea.
PART IV
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT: The term of the Agreement resulting from this solicitation may be for five
consecutive 12 month periods of time from the effective date and shall remain In full force and
effect unless and until it expires by operation of the term stated or until terminated or extended as
provided herein. The City reserves the right to:
1.1 Renew Agreement for two (2) additional periods of time not to exceed twelve (12) months
for each renewal provided both parties agree.
1.2 Review the following at the end of each twelve-month review period or renewal:
1.2.1 Vendor performance;
1.2.2 Price;
1.2.3 Continuing need;
1.2.4 Advancements in technologies and/or service
1.3 The City may terminate the Agreement with or without cause or may continue through the
next twelve-month review or renewal period.
2. PRICE: The agreement price shall be firm for the duration of the contract or extension periods
(except as provided for below). No separate line item charges shall be permitted for either
bidding or invoice purposes, which shall include equipment rental, demurrage, fuel surcharges,
delivery charges, and cost associated with obtaining permits or any other extraneous charges.
3. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of
a cost increase in services in accordance with the Producers Price Index at
http://stats.bls.eov/ppl/. Any price increase to this agreement shall be requested by Vendor in
writing and shall be accompanied by the appropriate documentation to justify the increase, and
shall be received by City at least ninety (90) days prior to the agreement review date. Vendor may
offer price decreases, even in excess of the allowable percentage change, at any time during the
Page 5 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
agreement term. The City reserves the sole option to reject any price increase and terminate this
agreement should the City and the Vendor not agree on any price increase.
PART V
GENERAL CLAUSES AND CONDITIONS
1. GOODS: The good(s) furnished under this specification shall be the latest improved model in
current production, as offered to commercial trade, and shall be of quality workmanship and
material. The bidder represents that all equipment offered under this specification shall be new.
USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE
NOT ACCEPTABLE.
1.1 Bidder should submit with their bid, the latest printed literature and detailed specification
on goods the bidder proposes to furnish.
1.2 The unit provided shall meet or exceed all federal and State of Texas safety, health,
lighting and noise regulations and standards in effect and applicable to equipment
furnished at the time of manufacture.
2. LABOR: The Vendor shall provide all labor and goods necessary to perform the services. The
Vendor shall employee all personnel for work in accordance with the requirements set forth by
the United States Department of Labor.
3. EXCEPTIONS: Any variation from this specification shall be indicated on the bid or on a
separate attachment to the bid. The attachment shall be labeled as such.
4. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and
equipment. We encourage manufacturers to adopt the International Organization for
Standardization (ISO) 9001-9003, latest revision standards, technically equivalent to the
American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93
1987), and obtain certification. Adopting and implementing these standards is considered
beneficial to the manufacturer, the City, and the environment. It Is the City's position that the total
quality management concepts contained within these standards can result in reduced production
costs, higher quality products, and more efficient use of energy and natural resources.
Manufacturers should note that future revisions to this specification might require ISO
certification.
5. ENVIRONMENT: It is the intent of the City to purchase good and equipment having the least
adverse environmental impact, within the constraints of statutory purchasing requirements,
departmental needs, availability, and sound economical considerations. Suggested changes and
environmental enhancements for possible inclusion in future revisions of this specification are
encouraged.
6. DAMAGE: The Vendor 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. The
Vendor shall be responsible and liable for the safety; injury and health of its working personnel
while its employees are performing service work.
7. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace.
Possession, use, or being under the influence of alcohol or controlled substances by Vendor,
Vendor's employees, subcontractor(s) or subcontractor (s') employees while in the performance
of the service is prohibited. Violation of this requirement shall constitute grounds for termination
of the service.
6 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
8. INTERLOCAL COOPERATIVE CONTRACTING: Other govemmental entities may be extended the
opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement
of the awarded vendor(s) and the City of Round Rock. Such consent and agreement shall be
conclusively inferred from lack of exception to this clause in vendor's response. However, all parties
indicate their understanding and 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.
9. 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 effect such termination by giving Vendor a written notice of termination
at the end of its then current fiscal year.
10. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by
providing 30 days prior written notice to the other party. In the event the Vendor elects to cancel
the Agreement, the Vendor shall provide the City with 120 days written notice prior to cancellation
of the Agreement and shall continue services for a period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any
obligation or liability that has occurred prior to cancellation. NOTE: This Agreement Is subject
to cancellation, without penalty, at any time the City deems the vendor to be non-
compliant with contractual obligations.
11. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the
agreement and causes the City to purchase the services elsewhere may be charged the
difference In service if any and shall not be considered in the re -advertisement of the service and
may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
12. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or
administrative bodies or tribunals in any matter affecting the performance of the resulting
agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When requested,
the Vendor shall furnish the City with satisfactory proof of its compliance.
13. CODES. PERMITS AND LICENSES: The successful bidder shall comply with all National, State
and Local standards, codes and ordinances and the terms and conditions of the services of the
City of Round Rock, Texas, as well as other authorities that have jurisdiction pertaining to
equipment and materials used and their application. None of the terms or provisions of the
specification shall be construed as waiving any rules, regulations or requirements of these
authorities. The successful bidder shall be responsible for obtaining all necessary permits,
certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs
will be waived).
14. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident
to the performance of the resulting agreement and arising out of a willful or negligent act or
omission of the Vendor, its officers, agents. servants and employees.
15. INSURANCE: The successful Bidder shall meet or exceed ALL insurance requirements set forth
by the City as identified in Attachment A to the specifications. Any additional insurance
7 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
requirements of participating or cooperative parties will be included as subsequent Attachments
and shall require mandatory compliance.
16. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all
liens and encumbrances for all labor, goods and services which may be provided under the
resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper
release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.
17. GOVERNING LAW: Any resulting agreement shall be governed by and construed in accordance
with the Laws of the State of Texas.
18. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of
the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other
insurance that the City from lime to time may have in force and effect.
8 of 8
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification Insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder, its
agents, representatives. volunteers, employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, In writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mall:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure Issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which furnishes persons to provide services on the project. "Services'
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, tile a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified maii or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, In the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void If the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. 10E3.
Consider a resolution authorizing the Mayor to execute an agreement for Purchase of
Agenda Caption: Services Relating to HVAC Filter Replacement with Star Air, Inc.
Meeting Date: September 23, 2010
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Tom Word, P.E.
Chief of Public Works Operations
Item Summary:
This agreement with Star Air, Inc. provides for materials and the installation of HVAC filters in 26 City facilities. The
City has approximately 500 filters changed on a monthly basis and another 64 filters changed on a quarterly basis.
Frequent filter changes increase the life cycle of the AC units, increase the unit's efficiency and decrease
maintenance costs. The filter changes also provide better filtrated air for employees and customers.
Strategic Plan Relevance:
8.0 Maintain and enhance public confidence, satisfaction and trust in City Government.
Cost: $29,621.16 annually
Source of Funds: General Debt Service Fund
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF SERVICES
RELATING TO HVAC FILTER REPLACEMENT FROM
STAR AIR, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
This Agreement is for purchase of services relating to the supply and replacement of
HVAC filters in various City of Round Rock buildings, and for related goods and services, and is
referr d to herein as the "Agreement." This Agreement is made and entered into on this the
day of the month of Sp , 2010, by and between the CITY OF ROUND
ROCK, TEXAS, a home -rule municipality whose offices are Iocated at 221 East Main Street,
Round Rock, Texas 78664, referred to herein as the "City," and STAR AIR, INC., whose offices
are located at 1502 Brandi Lane, Suite A, Round Rock, Texas 78681, referred to herein as "Star"
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 purchase services relating to the supply and replacement of
HVAC filters in various City buildings, and to purchase associated goods and services, and City
desires to purchase same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" 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:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and services and Vendor is obligated to sell specified
goods and services. The Agreement includes the following: (a) City's Invitation for Bid
designated as IFB 10-023, Specification Number 05-910-36-01 revised June 2010; (b) Vendor's
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Response to IFB; (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:
This Agreement;
Purchaser's Response to IFB;
City's Invitation for Bids, 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. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Star Air, Inc., or any successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND 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 term of this Agreement is for sixty (60) months from the effective date
hereof. After that initial term, this Agreement may be renewed for successive terms of twelve
(12) months each, not to exceed in the aggregate two (2) such renewals, with such renewals to
occur on or before the expiration date of the preceding term, and with such renewals being
absolutely predicated upon the express written agreement of both parties. Such renewals are
permitted only provided Vendor has performed each and every contractual obligation specified
in this original Agreement.
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
extraneous charges. City may permit "unit price" adjustments upwards only as a result of a cost
increase in goods or services in accordance with the Producers Price Index located at
2
http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by Vendor in writing
and accompanied by the appropriate documentation to justify the requested increase. Vendor
may offer price decreases in excess of the allowable percentage change.
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.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
10-023, Specification Number 05-910-36-01 revised June 2010; 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.
The goods 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 BID ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 UNIT COSTS
Unit costs listed on the bid included as Exhibit "A" shall be the basis of any charges
collected by Vendor.
Vendor expressly acknowledges and agrees with the following statement contained on
the bid; "The quantities shown on the IFB are estimates only. No guarantee of any minilnunr
or maximum purchase is made or implied The City will only order the services needed to
satisfy operating requirement, which may be more or less than indicated."
Vendor expressly acknowledges and agrees that City has the right to direct that services
be performed at the locations listed on the IFB, or at other locations not listed on the IFB; and
further that City has the right to direct that services be performed at some, all, or none of the
locations listed on the IFB.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
3
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
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.
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.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
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 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.
9.01 PROMPT PAYMENT POLICY
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 inay 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:
A.
B.
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
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
4
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on
the purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
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.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB
10-023, Specification No. 05-910-36-01 revised June 2010 (including Attachment A "City of
Round Rock Insurance Requirements" and all attachments and exhibits); and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Rolando Rodriguez
Building Maintenance Supervisor
Public Works Division
Round Rock, Texas 78664
512-341-3144
15.01 RIGHT TO ASSURANCE
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
5
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.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 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 thirty (30) 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) clays' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only lbr 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 anchor 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.
6
18.01 INDEMNIFICATION
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.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
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.
20.01 ASSIGNMENT AND DELEGATION
The parties each 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.
21.01 NOTICES
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 the recipient's address as stated herein; 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:
Star Air, Inc.
1502 Brandi Lane, Suite A
Round Rock, TX 78681
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
7
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
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.
23.01 EXCLUSIVE AGREEMENT
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.
24.01 DISPUTE RESOLUTION
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.
25.01 SEVERABILITY
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.
26.01 MISCELLANEOUS PROVISIONS
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
8
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
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.
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.
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
By: /' `
Printed Name: AMP) M:CPrYUw
Title: MAV OY-
Date Signed: 1' • j t
Attest:
By:
Sara L. White, City Secretary
For Ci proved as o Form:
By
tepha
L. Sheets, City Attorney
9
Star Air, Inc.
By:
Printed Nam
Title:
Date Signed:
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE 1310
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F. OA. DESFINAI ION. FREIGHT PREPAID AND
Ai 1 OWED UNLESS OTIIERWISE SPECIFIED BELOW
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664.5299
rAr.SIMLE RESPONSES
SHALL NOT BE ACCEPTED
SNOW ID OPEA?IG DATE I
■D KMLER INlow1:R LEFT
tWD CORNER OF SEALED ID
EINELOAE SHOW RETURN
ADDRESS Of IIODNG TRY
BIDDING INFORMATION:
BID NUMBER
OPENING DATE:
BID LOCATION:
10-023
7/13/2010 at 3:00 P.M
221 E. Main Street, Council
Chambers, Round Rock, TX 7713664
RETURN SIGNED ORIGINAL AND ONE COPY OF 81D
BIDDER SNAIL SIGN BE toy(
Failure 10 sign bid will disqualify bid
Oc njr&L ,62-00L-)
AuJ Rued Sigrglue
/thUA 3 r -o coA.)
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Dale
DESTINATION:
1.7 of Bidding Instructions on page 2
/See
TAX ID NO.: 026-06 /91,W
City of Round Rock
LEGAL BUSINESS 5--1/af- Q
Various City owned facilities as per
�NAME: _..t.,-,,e,,_..t.,-,,e,,z`
ADDRESS:/JE tr. &anal LaxiG suerei Rdwe/ froc,C 7--x O1'4,i/
attached Specification #10-910-36-01,
ADDRESS:
dated June 2010
CONTACT: loA N ra-8rr,,.YO,
TELEPHONE NO.: 5ta-oD55:- 84gr y
BUSINESS ENTITY TYPE: ('r3'/Y /76>A)
-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 antirust 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 bid made to any competitor or any other person engaged In such line of business.'
Bidder agrees to comply wllh all conditions set forth In this IFB.
This is for the purchase of HVAC Filter Replacement Service in accordance with specification No. 05.910-36.01, revised June, 2010 (8 pgs) Attachment A (4 pgs)
rF
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91036
City Hall, 221 East Main Street,
Round Rock, TX 78664
24-20x20x1,
1-20x36x1,
6-20x44x1
2-24x30x1
,) 101, 1
1`
J 5 -19 -
2
91037
Business Center, 231 East Main Street,
Round Rock, TX 78664
20-20x24x2
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3
91036
Public Works, 2008 Enterprise, Bldg A,
Round Rock, TX 78664
4-20x20x1,
4-16x20x2,
4-16x25x2
,ate;
�Y
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1033.60
4
91036
Bldg. Const., 2008 Enterprise, Bldg B,
Round Rock, TX 78664
3.20x20x1
1a -61
1 tJ(,-i /*j
5
91036
Trans. Admin & Util Admin, 212 Commerce,
Round Rock, TX 78664
2-20x20x2,
3-20x25x2,
1-16x20x2
t7`9- C? ..1
3 .:Ci la
1
6
91036
WLM / Street, 910 Luther Perterson Place,
Round Rock, TX 78665
3-16x25x1,
7-20x20x1,
1-14x24x1,
1-20x25x1
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G;
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7
91036
Vehicle Writ.. 901 Luther Pederson Place,
Round Rock, TX 78665
8-18x24x2
3l a1 I,
I
/.-; L1'" t .31(0
Bid Sheet
11
EXHIBIT
IIAII
i
8
91036
Utility Support, 5200 N,11-1 35
Round Rock, TX 78681
5-20x20x1,
9
91036
Water Plant, Bldg A,
New Plant, Bldg B,
Clorinating Bldg,
Highline Maintenance,
Lab,
Meter Readers
5200 N, IH 35, Round Rock, TX 78681
4-20x20x2,
7-16x25x2,
2-20x30x2
4-24x24x2,
2-1 2x24x2,
6.16x24x2,
10-16x20x2
4-20x20x1,
5-20x24x1,
1-14x21x1,
1-1 4x26x1,
1-16x25x1,
1-14x24x1
3-12x24x1
2-20x25x1
1-24x24x1
.4*5,38 .' .5Z,.
10
91036
CMRC, 1600 Gattis School Road,
Round Rock, TX 78664
6-12x24x2,
6-20x24x2,
24-24x24x2
. • y8
V C�
11
91036
PARD Yard Site, 300 South Brown Street,
Round Rock, TX 78664
4.20x20x1
12
91036
McConico Bldg and
Baca Community Senior Center, Bldg 2,
301 West Bagdad Ave, Round Rock, TX 78664
16-20x20x2,
12.20x25x2,
11-16x25x2
. .
/g,! • j,li • 46
13
91036
Centras Fire station, 203 Commerce Bldg,
Round Rock, TX 78664
11-20x20x1,
2-14x25x2,
4-16x25x2
r
14
91036
Fire Station 2, 200 West Bagdad Ave,
Round Rock, TX 78664
3.20x20x2,
2-8x20x2
4
.4419 l • 9:
1
15
91036
Fire Station 3, 1901 Rawhide Drive,
Round Rock, TX 78681
1-14x25x1',
1-16x20x1
ics ad .
16
91036
Fire Station 4, 3300 Gattis School Road,
Round Rock, TX 78664
1-14x20x1,
1 20x20x1
2-
21.25x25.25x1,
2-10x21x1
• ,(�
17
91036
Fire Station 5, 350 Deep Wood Drive,
Round Rock, TX 78681
8-20x20x1,
2-9.25x21.25x1
/i,
18
91036
Fire Station 6, 2919 Joe DiMaggio Blvd,
Round Rock, TX 78665
8-16x25x2,
2-20x30x2
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19
91036
Fire Station 7, 2811 Oakmont Blvd,
Round Rock, TX 78664
2-20x25x2,
1-16x25x2
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f
20
91036
Library, 216 East Main Street,
Round Rock, TX 78664
12-1 6x25x1,
9-20x20x1,
8-20x25x1,
8-15x20x2,
2-1 6x20x2,
2-16x25x2
"I.''
Bid Sheet
Page 2 of 3
21
22
23
91036
91036
91037
BCPMISIgnai, 2015 Lamar Drive,
Round Rock, TX 78664
Polce Dept, 2701 North Mays Street,
Round Rock. TX 78665
McConlco Bldg, 301 West Bagdad Ave,
Round Rock, TX 78664
3.20x20x1
64.18x24x2,
56-16x25x2,
30-24x24x2,
12-16x20x2
64-16x20x4
GRAND TOTAL
DELIVERY IN
DAYS
Bid Sheet
Page 3 ot 3
IFB No. 10-023
ROUND ROCK, TEXAS
PURPOSE 1 SSION.PROSPERITY.
CITY OF ROUND ROCK, TEXAS
INVITATION FOR BID ADDENDUM
HVAC FILTER REPLACEMENT AND SERVICES
Addendum No. 1 Date of Addendum: July 2, 2010
The following item(s) in the IFB identified above have been changed:
The IFB No. 10-023, Part II Specifications, #3 Pre -Bid Conference start time has been
changed from 1:30 p.m. to 9:00 a.m.
All other terms and conditions of this IFB and specifications remain unchanged.
Approved by
Qin./
By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part
of the above referenced IFB.
ACKNOWLEDGED
ST m AI
Vendor Authorized gnatu Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE
GROUNDS FOR REJECTION OF YOUR BID.
P.
'ROUND ROCK TEXAS
anwOSE max PROSPERITY.
CITY OF ROUND ROCK, TEXAS
INVITATION FOR BID ADDENDUM
HVAC FILTER REPLACEMENT AND SERVICES
IFB No. 10-023 Addendum No. 2 Date of Addendum: July 9, 2010
The following item(s) in the IFB identified above have been changed:
Paragraph 4.1, Part II, Specifications, page 3 of 8 is changed to read:
Air filters shall have a dust -spot rating between 35% and 80% or a Minimum Efficiency Rating
Value (MERV) of 8.
The IFB No. 10-023, Bid Sheet,( 3 pgs) has been replaced with a Revised Bid Sheet attached.
All other terms and conditions of this IFB and specifications remain unchanged.
Approved by6di'.�---
By the signatures affixed below, Addendum No. 2 is hereby incorporated into and made a part
of the above referenced IFB.
ACKNOWLEDGED
Vendor AuthorizerYSig
3-2r-70
Date
RETURN ONE COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE, CITY OF
ROUND ROCK WITH YOUR SEALED BID. FAILURE TO DO SO MAY CONSTITUTE
GROUNDS FOR REJECTION OF YOUR BID.
141),-800 MERV 8
EXTENDED SURFACE AIR FILTERS
FILTER MEDIA
The media shall composed of continuous
poly -propylene fibers which do not absorb
moisture. Fibers are electrostatically charged
which captures an increased amount of
smaller particulate than conventional media,
• Based on ASHRAE Standard 52.2 -- 1992:
MRV* (Minimum Efficiency Reporting Value): 8
• Based on ASHRAE test Standard 52.1 1992:
Average efficiency: 30-35% ' <
Average arrestance: 90-93%
NEW OR EXISTING SYSTEMS
The XP -800 Filter can be used in upgrading
old systems for greater dust holding capacity,
extends replacement intervals and lengthens
the service life of any other secondary filter
considerably.
CONSTRUCTION
XP -800 Filters are enclosed in a rigid, heavy-
duty, high wet -strength beverage board, with
diagonal support members bonded to each
side of pleat for stability. The inside of the
enclosed frame is bonded to the filter pack,
thus eliminating the possibility of air leaks.
MEDIA SUPPORT
A galvanized, expanded metal grid with an
open area of 96%. The expanded metal is
bonded to the back of the media. This elirni-
nates the possibility of oscillation and holds
the pleat rigid.
PLEAT DESIGN
The media support grid shall be formed in
such a manner that it affects a radial pleat
design. The radial pleat allows total use of fil-
ter media.
Special size filters, those not listed, are avail-
able on a made-to-order basis.
Type XP -800 Filters are classified by
Underwriters Laboratories as a Class 2 air fil-
ter when tested in accordance with U.L.
Standard 900.
NOMINAL
FILTER DEPTH
NOMINAL
SITE
INCHES
WIDTH 1:'
ACTWLL.SIZE
INC ES
HEIGHT
DEPTH
CAPACITIES
CEM ).
MEU
HIGH
TOTAL
GROSS MEDIA
AREA ISO FTI
14 X 20
14X25
16 X_20
13.5
13.5
19.5.
24:$
.75
490
605`
1210
16X25_
20 X 20
15.5
15.5.
19.5
19.5
24:5
19.5
.75
.75
560
695
1100
1400
4.2
5.3
4.8
6.0
20 X 25
24 X 24
4,,
12X'20:
12 X 24'
19.5
23,5
11:5
24.5
23,5
• 19.5 `
.75
.75
.75
695
900
'1100
1400
1755
'2000`
6.0
7.6
9.0
STANDARD CAPACITY
14 PLEATS/LINEAR ft
• 11I0R CAPACITY
16 PLIATS/111EAA Ft
16X20'
16X25
18 X 20
18 X24
18 X.25
20 X 20
115
15:5
15.5'
17.5
17.5
23.5
19.5'
24:5:.
19.5
1.75
1.75'
1.75
1.75
.1:75
:.420
675
830
950`'
1185
1405
1250:.
15:..
8.5
1a1
12.7
10.9:
23.5
24.5-
19.5,
4 5
1:75
750
1500
.20X:24.:_
20 X. 25
24 X 24
12 X 24
16X20
16X25
19 5
175-
1.75
1.75
780
705
23.5
1.75
_19.5
1.75
18X24.
20 X 20
20X25`>`
24 X 24
23.5:.
•i1•.5;.:.,
5.5
15.5
17:5
f95.
235
23.5
19.5....
24.5'
23:5:
195
a5
1.75
3.7$
3;75 '.
3.75.
3.75
375
10.50 •
:1200
8
90
1560
1x10':
1680
'2100;
1200
1330<
1670
-1800
:.1665
13:4:'
12,2J
14.7
2$ s,
155`.;
206
87•
23.5
3,75
1050
2110
23,5
3.75
1200
2400
23.6
27.6
STANDARD CAPACITY
10 PLEATS/LINEAR FT
HIGH CAPACITY
15 P[EATS1[1NEAR F7
STANDARD CAPACITY
S PLEATS/41 0AA Ft
HMI CAPACITY
11 PtEAtS/l11(EAA FT
OK FILTER COMPANY
14802 f. CLEAN AIC DI1H1E
TULSA, OK 74116
918.280 -ani
FAX 918.260.1349
DIStiuouTEij:
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
CITY OF ROUND ROCK
HVAC FILTER REPLACEMENT SERVICES
PART 1
GENERAL
1. PURPOSE: The City seeks to contract with a qualified bidder to supply and replace HVAC
pleated filters in various buildings within the City of Round Rock, Texas. City owned facility
locations and quantities are identified on the Invitation For Bid (IFB).
2. DEFINITIONS: The following definitions will be used for identified terms throughout the
specification and bid document:
2.1. Agreement - A mutually binding legal document obligating the Vendor to furnish the
goods, equipment or services, and obligating the City to pay for it.
2.2. Bid/Proposal - is a complete, properly signed response to a Solicitation that if accepted,
would bind the Bidder/Proposer to perform the resulting contract.
2.3. Bidder/Proposer - identified throughout this specification shall describe persons and
entities that consider themselves qualified to provide the goods, equipment or services.
2.4. City - Identifies the City of Round Rock, Travis and Williamson Counties, Texas.
2.5. Goods - represent materials, supplies, commodities and equipment.
2.6. Piggyback Contract - A term used to identify contract/agreement or purchase order that has
been competitively bid in accordance with State of Texas statutes, rules, policies and
procedures and have been extended for the use of state and local agencies and active
State of Texas CO-OP entities.
2.7. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods
or Services written on the City's standard Purchase Order form and which, when
accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's
authority to deliver and invoice the City for Goods or Services specified, and the City's
commitment to accept the Goods or Services for an agreed upon price.
2.8. Services - work performed to meet a demand. The furnishing of labor, time, or effort by
the vendor and their ability to comply with promised delivery dates, specification and
technical assistance specified
2.9. Subcontractor -Any person or business enterprise providing goods, labor, and/or
services to a Vendor if such goods, equipment, labor, and/or services are procured or
used in fulfillment of the Vendor's obligations arising from a contract with the City.
2.10. Vendor - (Sometimes referred to as Contractor) A person or business enterprise
providing goods, equipment, labor and/or services to the City as fulfillment of obligations
arising from an agreement or purchase order.
3. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local
Government Code (House Bill 914) requires that any vendor or person considering doing
business with a local government entity disclose the vendor or person's affiliation or business
relationship that might cause a conflict of interest with a local government entity. The Conflict of
Interest Questionnaire form is available from the Texas Ethics Commission at
www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or
delivered by hand to the City Secretary. If mailing a completed form, please mail to:
Page 1 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 7866
Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result in the disqualification of the vendor's proposal.
4. CLARIFICATION: For clarification of specifications, bidders may contact:
Margie Howard
City of Round Rock
221 East Main Street
Round Rock, TX, 78664
Telephone: 512-218-7069
mhowarderound-rock.tx.us
The individual above may be contacted for clarification of the specifications of this Invitation for
Bid only. No authority is intended or implied that specifications may be amended or alternates
accepted prior to closing date without written approval of the City. Under no circumstances will
private meetings be scheduled between Respondents and city staff.
5. BEST VALUE: All bids received shall be evaluated based on the best value for the City. In
determining best value, the City may consider:
5.1. The purchase price;
5.2. Reputation of the bidder and of bidder's goods and services;
5.3. The quality of the bidder's goods or services;
5.4. The extent to which the goods or services meet the City's needs;
5.5. Bidder's past relationship with the City;
5.6. The total long-term cost to the Municipality to acquire the bidder's goods or services; and
5.7. Any relevant criteria specifically listed in the solicitation.
6. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid,
the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to
the City Official or Employee evaluating or considering the bids prior to the time a bid decision has
been made. Communication between Bidder and the City will be initiated by the appropriate City
Official or Employee in order to obtain information or clarification needed to develop a proper and
accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the
offending Bidder from consideration or award of the bid then in evaluation, or any future bid.
PART 11
SPECIFICATIONS
1. SCOPE: This specification describes a service to supply and replace HVAC pleated filters, Items
1 thru 22 once a month and Item 23 shall be replaced once per quarter, for each location listed in
accordance with the minimum requirements herein.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the
supply and replacement of HVAC pleated filters on a monthly and quarterly basis. Bidders shall
be responsible for furnishing and installing equipment that meets or exceeds all of the
requirements as set forth herein, as well as provide equipment that is designed for the intended
application.
3. PRE-B!D: Pre-bid conference will be conducted Tuesday, July 7, 2010 at 1:30 p.m., 221 East
Main Street, City Council Chambers in Round Rock, Texas.
Page 2 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
3.1 A Facilities Maintenance Coordinator will conduct a site inspection tour immediately
following the pre-bid conference on July 7, 2010.
3.2 Bidders are required to provide their own transportation for the site inspection tour.
3.3 Bidders shall sign -in at the pre-bid conference
4. SUPPLY RESPONSIBILITY% The successful bidder shall supply HVAC pleated filters as required
per Bid Form.
4.1 Air filters shall have a dust -spot rating between 35% and 80% or a Minimum Efficiency
Rating Value (MERV) of between 8 and 13.
5. SERVICE RESPONSIBILITY: The successful bidder shall change out HVAC pleated filters at
each location listed as per the Bid Form.
5.1 If the installer sees or encounters any HVAC problems, they shall immediately contact the
Building Maintenance Supervisor, Rolando Rodriguez, at (512) 3413144 and report the
problem.
5.2 The total length of time between filter replacements per Individual locations shall not
exceed five (5) weeks, unless stated as a quarterly replacement.
5.3 If the installer finds the need to change out certain filters more than once a month, they
shall notify the building maintenance supervisor to discuss and review that particular
system.
6. BiDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance
of such bidder as responsive and responsible. All bidders shall:
6.1 Be firms, corporations, individuals or partnerships normalcy engaged in the sale and
distribution of goods or provision of the services as specified herein.
6.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
6.3 Provide references to include the name, address, telephone number and point of contact
of at least three entities for which the bidder has preformed similar service and or utilized
the exact technology within the past three years. Any negative responses received may
result in disqualification of bid.
6.4 Identify any subcontractors to be used for this project. Experience, qualifications and
references of the subcontractors shall be submitted. The City reserves the right to
approve or disapprove all subcontractors prior to any work being performed.
7. ACCIDENT PREVENTION AND LIABILITY: The successful bidder shall be responsible and
liable for the safety, injury and health of its working personnel while its employees are performing
service work.
8. SUPERVISION: The successful bidder shall, at all times, have a representative who is
authorized to receive and an executive directive, on behalf of the successful bidder, from the
City's authorized representative.
9. SECURITY: The successful bidder shall at all times assure that the City's property is secure and
protected and that access to the buildings is denied to all persons. Additionally, no person shall
be allowed in the building that is not covered by the successful bidders insurance and bond.
10. BACKGROUND CHECKS:
Page 3 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
10.1 The successful bidder agrees to conduct background checks on all employees that will
be assigned to perform duties on City property and furnish said findings to the City prior
to commencement of work.
10.2 In an effort to provide the safest possible environment for the City employees and
enhance the security of physical resources, the City reserves the right to independently
conduct criminal background checks on applicable employees of successful bidder.
10.3 The City of Round Rock reserves the right to act as sole interpreter and authority relative
to results of background checks.
10.4 Negative or less than desirable findings of said background check shall disqualify
employees from duties required by this agreement.
10.5 Failure to remove or replace disqualified employees immediately after identification shall
be grounds for termination of this agreement by the City without prior notice.
10.6 This action shall be consistent with the requirements of the law and prudent practices,
and shall conform to the requirements of Texas Government Code 559, as it may be
amended from time to time.
11. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services needed
to satisfy operating requirements, which may be more or less than indicated.
12. ADMINISTRATOR: All work performed under this agreement will be supervised and verified by
the City representative(s) noted below.
Rolando Rodriguez
Building Maintenance Supervisor
City of Round Rock
(512) 341-3144
PART III
DELIVERY, SERVICE, ACCEPTANCE AND PAYMENT
1. SCOPE OF SERVICE: The facilities listed are a complete compilation of the City's facilities to be
serviced at the time of this solicitation. Initial requirements of service may be reduced or
increased by the City.
1.1. The City reserves the right to delete any portion of this agreement at any time without
cause. If such right is exercised, the total fee shall be reduced by the amount established
for that service. If work has already been accomplished on the portion of the agreement
to be deleted, the Contractor shall be paid for the deleted portion on the basis of the
percentage of completion.
1.2. The City may require the addition of services from the Contractor as the requirements of
the City change. This may entail additional facility areas and/or additional services
required at contracted facilities. The Contractor shall provide the City with a cost for these
additional facilities or services based upon the cost structure utilized in establishing the
cost for the areas that were initially agreed upon.
2. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis
to the following address:
City of Round Rock
Attn: Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
Page 4 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
3. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives
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. There 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.
4. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges
associated with this agreement which arise under the antitrust laws of the United States, 15
USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and
Com. Code, Section 15.01, gj mai
PART IV
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT: The term of the Agreement resulting from this solicitation may be for five
consecutive 12 month periods of time from the effective date and shall remain in full force and
effect unless and until it expires by operation of the term stated or until terminated or extended as
provided herein. The City reserves the right to:
1.1 Renew Agreement for two (2) additional periods of time not to exceed twelve (12) months
for each renewal provided both parties agree.
1.2 Review the following at the end of each twelve-month review period or renewal:
1.2.1 Vendor performance;
1.2.2 Price;
1.2.3 Continuing need;
1.2.4 Advancements in technologies and/or service
1.3 The City may terminate the Agreement with or without cause or may continue through the
next twelve-month review or renewal period.
2. PRICE: The agreement price shall be flrm for the duration of the contract or extension periods
(except as provided for below). No separate line item charges shall be permitted for either
bidding or invoice purposes, which shall include equipment rental, demurrage, fuel surcharges,
delivery charges, and cost associated with obtaining permits or any other extraneous charges.
3. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of
a cost increase in services in accordance with the Producers Price Index at
httn://stats.bis.gov/ppi/. Any price increase to this agreement shall be requested by Vendor in
writing and shall be accompanied by the appropriate documentation to justify the increase, and
shall be received by City at least ninety (90) days prior to the agreement review date. Vendor may
offer price decreases, even in excess of the allowable percentage change, at any time during the
Page 5 of 8
SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
agreement term. The City reserves the sole option to reject any price increase and terminate this
agreement should the City and the Vendor not agree on any price increase.
PART V
GENERAL CLAUSES AND CONDITIONS
1. GOODS: The good(s) furnished under this specification shall be the latest improved model in
current production, as offered to commercial trade, and shall be of quality workmanship and
material. The bidder represents that all equipment offered under this specification shall be new.
USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE
NOT ACCEPTABLE.
1.1 Bidder should submit with their bid, the latest printed literature and detailed specification
on goods the bidder proposes to furnish.
1.2 The unit provided shall meet or exceed all federal and State of Texas safety, health,
lighting and noise regulations and standards in effect and applicable to equipment
furnished at the time of manufacture.
2. LABOR: The Vendor shall provide all labor and goods necessary to perform the services. The
Vendor shall employee all personnel for work in accordance with the requirements set forth by
the United States Department of Labor.
3. EXCEPTIONS: Any variation from this specification shall be indicated on the bid or on a
separate attachment to the bid. The attachment shall be labeled as such.
4. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and
equipment. We encourage manufacturers to adopt the International Organization for
Standardization (ISO) 9001-9003, latest revision standards, technically equivalent to the
American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93
1987), and obtain certification. Adopting and implementing these standards is considered
beneficial to the manufacturer, the City, and the environment. It Is the City's position that the total
quality management concepts contained within these standards can result In reduced production
costs, higher quality products, and more efficient use of energy and natural resources.
Manufacturers should note that future revisions to this specification might require ISO
certification.
5. ENVIRONMENT: It is the intent of the City to purchase good and equipment having the least
adverse environmental impact, within the constraints of statutory purchasing requirements,
departmental needs, availability, and sound economical considerations. Suggested changes and
environmental enhancements for possible inclusion in future revisions of this specification are
encouraged.
6. DAMAGE: The Vendor 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. The
Vendor shall be responsible and liable for the safety; injury and health of its working personnel
while its employees are performing service work.
7. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace.
Possession, use, or being under the influence of alcohol or controlled substances by Vendor,
Vendor's employees, subcontractor(s) or subcontractor (s') employees while in the performance
of the service is prohibited. Violation of this requirement shall constitute grounds for termination
of the service.
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SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
8. INTERLOCAL COOPERATIVE CONTRACTING: Other govemmental entities may be extended the
opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement
of the awarded vendor(s) and the City of Round Rock. Such consent and agreement shall be
conclusively inferred from lack of exception to this clause in vendor's response. However, all parties
indicate their understanding and 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.
9. 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 effect such termination by giving Vendor a written notice of termination
at the end of its then current fiscal year.
10. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by
providing 30 days prior written notice to the other party. In the event the Vendor elects to cancel
the Agreement, the Vendor shall provide the City with 120 days written notice prior to cancellation
of the Agreement and shall continue services for a period of time not to exceed 120 days after
written notification. Termination under this paragraph shall not relieve the Vendor of any
obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject
to cancellation, without penalty, at any time the City deems the vendor to be non-
compliant with contractual obligations.
11. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the
agreement and causes the City to purchase the services elsewhere may be charged the
difference In service if any and shall not be considered in the re -advertisement of the service and
may not be considered in future bids for the same type of work unless the scope of work is
significantly changed.
12. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or
administrative bodies or tribunals in any matter affecting the performance of the resulting
agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When requested,
the Vendor shall furnish the City with satisfactory proof of its compliance.
13. CODES. PERMITS AND LICENSES: The successful bidder shall comply with all National, State
and Local standards, codes and ordinances and the terms and conditions of the services of the
City of Round Rock, Texas, as well as other authorities that have jurisdiction pertaining to
equipment and materials used and their application. None of the terms or provisions of the
specification shall be construed as waiving any rules, regulations or requirements of these
authorities. The successful bidder shall be responsible for obtaining all necessary permits,
certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs
will be waived).
14. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident
to the performance of the resulting agreement and arising out of a willful or negligent act or
omission of the Vendor, its officers, agents, servants and employees.
15. INSURANCE: The successful Bidder shall meet or exceed ALL insurance requirements set forth
by the City as identified in Attachment A to the specifications. Any additional insurance
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SPECIFICATION NO.
05-910-36-01
REVISED: JUNE 2010
requirements of participating or cooperative parties will be included as subsequent Attachments
and shall require mandatory compliance.
16. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all
liens and encumbrances for all labor, goods and services which may be provided under the
resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper
release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.
17. GOVERNING LAW: Any resulting agreement shall be governed by and construed in accordance
with the Laws of the State of Texas.
18. VENUB: Both the City and the Vendor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of
the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other
insurance that the City from time to time may have in force and effect.
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ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Specification insurance
against claims for injuries to persons or damages to property which may arise from or In
connection with the performance of the work as a result of this bid by the successful bidder. its
agents. representatives. volunteers. employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be fumished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum Limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and ail endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the Insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
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1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid
number or purchase order number for which the insurance Is being supplied.
1.5.9. Vendor shall notify the City in the event of any change in coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage ("certificate") -A copy of a certificate of Insurance, a
certificate of authority to self -insure Issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which furnishes persons to provide services on the project. "Services"
Include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project "Services" does not
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Include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8, The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom It contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
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2.10.3.2. retain all required certificates of coverage on file for the duration of
the protect and for one year thereafter;
2.10.3.3. notify the OWNER In writing by certified mall or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entities the Owner to
declare the contract void If the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
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