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R-11-05-12-12B1 - 5/12/2011RESOLUTION NO. R -11-05-12-12B1 WHEREAS, the City of Round Rock has duly sought proposals for a rental and purchase option for fitness equipment for the Clay Madsen Recreation Center, and for related goods and services, and WHEREAS, Team Marathon Fitness, Inc. dba Marathon Fitness has submitted the proposal determined to be the most advantageous to the City considering the price and other evaluation factors included in the request for proposals, and WHEREAS, the City Council desires to enter into an agreement with Team Marathon Fitness, Inc. dba Marathon Fitness, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Rental/Purchase Option for Fitness Equipment From Team Marathon Fitness, Inc. dba Marathon Fitness, a copy of 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 12th day of May, 2011. O»i ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O Xwdox\S CClnts\0112\1104 \MUNICIPAL \ 002189 36. DOC/rmc CITY OF ROUND ROCK AGREEMENT FOR RENTAL/PURCHASE OPTION FOR FITNESS EQUIPMENT FROM TEAM MARATHON FITNESS, INC. dba MARATHON FITNESS THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS: This Agreement is for rental/purchase option for fitness equipment for City of Round Rock Parks and Recreation Department's Clay Madsen Recreation Center, and for related goods and services including delivery, installation, removal of and credit for existing equipment, maintenance and warranty coverage, and is referred to herein as the "Agreement." This Agreement is made and entered into on this the day of the month of 2011, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and TEAM MARATHON FITNESS, INC. dba MARATHON FITNESS, whose offices are located at Post Office Box 17705, Sugar Land, Texas 77496, referred to herein as "Marathon" or the "Vendor." This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to rent and have a purchase option for fitness equipment for CIay Madsen Recreation Center, and to purchase associated services including but not limited to delivery, installation, removal of and credit for existing equipment, maintenance and warranty coverage, and City desires to obtain same from Vendor; and WHEREAS, City has issued its "Request for Proposals" for the provision of said goods and services, and City has selected the proposal 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: 217784/jkg 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to obtain specified goods and Vendor is obligated to provide specified goods. The Agreement includes the following: (a) City's Request for Proposal designated as RFP 11- 003, Specification Number 11-805-57 dated December 7, 2010; (b) Vendor's Response to RFP dated January 20, 2011; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: 1. This Agreement, and all exhibits attached thereto; 2. Purchaser's Response to RFP; 3. City's Request for Proposals, addenda, exhibits, and attachments. B. Casualty Value means the market value of the Equipment at the end of the term or when, in relation to a Total Loss, the market value that the Equipment would have had at the end of the term, but for the Total Loss. The Casualty Value inay be less than, but will not be more than, the original purchase price of the Equipment. C. City means the City of Round Rock, Williamson and Travis Counties, Texas. D. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. E. Equipment means the description of goods per Marathon Quote #10322. Upon installation of Equipment, Vendor shall give notice to City of all serial numbers registered by Vendor with manufacturer(s). F. Goods mean the specified supplies, materials, commodities, or equipment. G. Total Loss means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment at the time of loss. H. Vendor means Team Marathon Fitness, Inc. dba Marathon Fitness, or any successors or assigns. 2.01 EFFECTIVE DATE; INITIAL TERM; ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. 2 B. The initial rental tern of this Agreement is for three (3) years from the effective date hereof. After that initial term this Agreement may be renewed, with any such renewal to occur on or before the expiration date of the preceding term, and with any such renewal 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 niay 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 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, subject to termination provisions in Section 22.01 of this Agreement. 3.01 CONTRACT DOCUMENTS AND EXHIBITS A. City selected Vendor as the integrator of choice to supply the goods and services as outlined in RFP 11-003, Specification Number 11-805-57 dated December 7, 2010; and Response to RFP 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 RFP and as offered by Vendor in its Response to the RFP. B. The goods and services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED A. All Exhibit "A" "Cost Proposal Sheet & Equipment Schedule" are awarded to Vendor. B. The parties expressly acknowledge and agree that fair and arms -length negotiations were held between the parties, and that Vendor voluntarily and without duress agreed to reduce various component and total prices. The parties expressly acknowledge and agree that any strike-throughs, corrections, and notations made on exhibits attached hereto, including those made to Vendor's proposal submission, are correct and represent the binding agreement of the parties, and that such changed exhibits take ultimate precedence over all other documents. 3 5.01 COSTS A. The following shall be the basis of any charges collected by Vendor. The "Project Total - RENTAL" amount listed on the bid included as Exhibit "A" has been negotiated by the parties to the following changed amounts: 1. The "Project Total - RENTAL" amount has been adjusted downwards from $170,176.00 to $147,800.00; 2. The "Down Payment" amount has been adjusted downwards from $40,000.00 to $35,000.00; 3. The "Monthly Payment" amounts have been adjusted downwards from 36 monthly payments of $3,616.00 each (including applicable trade-in value of existing equipment of $9,950.00) to 36 monthly payments in accordance with the following schedule (including applicable trade-in value of existing equipment of $9,950.00): Months 1 - 12 of the contract term $4,200.00 per month Months 13 - 24 of the contract term $3,400.00 per month Months 25 - 36 of the contract term $1,800.00 per month Total $112,800.00 4. The "Purchase Option" amount has been adjusted downwards from $11,200.00 to $8,000.00 as a lump sum buyout payment following final 36th rental payment. 6.01 IN VOICES A. All invoices shall include, at a minimum, the following information: 1. Name and address of Vendor; 2. Purchase Order Number; 3. Description and quantity of items received; and 4. Delivery dates. 7.01 DELIVERY OF EQUIPMENT A. Vendor shall timely deliver, at Vendor's own expense and risk, the Equipment to its designated location(s) within the City of Round Rock, Texas. 8.01 USE OF EQUIPMENT A. City shall use the Equipment in a commercially reasonable manner, and shall comply with all manufacturer's requirements furnished to City by Vendor and/or 4 manufacturer(s) regarding the Equipment, and City shall comply with any applicable law (whether local, state or federal) regarding use of the Equipment including but not limited to environmental and copyright law. B. City shall use the Equipment for the purpose for which said Equipment was designed, and not for any other purpose. C. Unless City obtains the prior written consent of Vendor, City shall not alter, modify or attach anything to the Equipment, unless such alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment. 9.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING A. Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted wider Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. B. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 10.01 NON -APPROPRIATION AND FISCAL FUNDING A. This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 11.01 PAYMENT; PROMPT PAYMENT POLICY; PURCHASE OPTION A. Payment. A non-refundable down payment of $35,000.00 is due from City upon proper execution of this Agreement by both parties. The balance is due from City in 36 monthly payments in accordance with the schedule delineated herein in Section 5.01A.3 (including applicable trade-in value of existing equipment of $9,950.00). Payment shall be made in accordance with the Texas Prompt Payment Act recited in this Section 11.01B. 5 B. Prompt Payment Act. In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: 1. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or 2. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or 3. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 4. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. C. Purchase Option. Ninety (90) days prior to the end of the term of this Agreement and the end of the rental period, Vendor shall notify City in writing of City's option to purchase the Equipment for a one -tune lump sum payment of $8,000.00. City shall have 45 days from date of receipt of Vendor's notice in which to respond to Vendor that City elects to accept such purchase option. In the event that City elects to accept such purchase option, and upon payment by City of the final 36th month rental payment plus the one-time lump sum payment of $8,000.00, Vendor shall transfer ownership of the Equipment to City free and clear of any and all liens and encumbrances of any type. 12.01 GRATUITIES AND BRIBES A. City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is deterrnined 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. hi addition, Vendor inay be subject to penalties stated in Title 8 of the Texas Penal Code. 13.01 TAXES A. City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 6 14.01 REPAIR OBLIGATIONS; WARRANTY A. Repair Obligations. Vendor shall, at Vendor's sole expense during any warranty period, keep the rental equipment in good repair according to manufacturer's warranty terms, normal wear and tear excepted. Vendor shall supply all parts that are necessary to keep the rental equipment in good working order. The following are not considered to be "normal wear and tear": abuse or misuse of equipment outside of the manufacturer's original design intent; neglect, such as failing to properly clean sweat from frames which then results in rusting of metal surfaces. B. Vendor shall respond to City for any and all repairs within 24-72 hours from email service request/work request from City. Such response shall be from a PRECOR-approved warranty service provider, and shall be onsite service responsive to warranty request, and shall be delivered within a strict 24-72 hour timeframe from notification by City. City shall submit all requests for warranty work in writing via email to both of the following: (Customercare@marathonfitness.com and tech@marathonfitness.com). C. All work shall be satisfactorily completed by Vendor or Vendor's designee at Vendor's expense. All repair work will, by terms of this Agreement, be provided at no additional cost to City. The parties expressly agree that this is to include ALL related repair costs including but not limited to travel, lodging, meals, and the like. D. Warranty. Vendor warrants and guarantees that all rental equipment will be in new working order and new condition upon delivery. The rental equipment is warranted as being of merchantable quality and is further warranted as being fit for use for the following purpose: use in a public fitness area. 15.01 LOSS DAMAGE A. To the extent permitted by law, after delivery of the Equipment to the City, City shall be responsible for risk of loss, theft, damage or destruction to the Equipment from extraordinary circumstances such as acts of God. The parties expressly acknowledge that damage from normal use and/or reasonable process is not included within this Section 15.O1A. B. In the event the Equipment is lost or damaged, City shall continue its payment obligation under this Agreement, shall provide Vendor with prompt written notice of such loss or damage, and shall, if the Equipment is repairable, put or cause the Equipment to be put into a state of good repair, appearance, and condition. C. In the event of Total Loss of the Equipment, City shall continue its payment obligation under this Agreement, shall provide Vendor with prompt written notice of such loss, and shall replace the Equipment with encumbrance -free equipment of the same model, type and configuration. 7 16.01 OWNERSHIP; RIGHT TO RENT; QUIET ENJOYMENT A. Vendor warrants that City shall have the right to rent, without owning, the Equipment according to the terms of this Agreement; and if City's purchase option is exercised according to the terms of this Agreement, then and in that event City shall own such Equipment. B. Vendor warrants that, so long as no legal default has occurred of this Agreement, Vendor shall not disturb City's quiet and peaceful possession of the Equipment, and warrants City's unrestricted use of the Equipment for the purposes for which the Equipment was designed. 17.01 SURRENDER OF EQUIPMENT A. At the end of the term of this Agreement, in the event that City has not exercised its purchase option in accordance with the terms of this Agreement, then and in that event City shall make the Equipment available for pick-up, and Vendor shall arrange at its sole cost and expense, to pick up such Equipment. B. In the event that City fails to make the Equipment available for pick-up, the parties acknowledge that City shall pay to Vendor any unpaid rent for the term plus the Casualty Value of the Equipment, which is hereby defined as twenty percent (20%), at which time ownership of the Equipment shall pass in an unrestricted manner to City. 18.01 INSURANCE A. Vendor shall meet all requirements as stated in the attached RFP (including Attachment A entitled "City of Round Rock Insurance Requirements" and all attachments and exhibits); and its proposal response. B. City shall provide proof of insurance to Vendor and will abide by all applicable local, state and federal laws pertaining thereto. 19.01 CITY'S REPRESENTATIVE A. City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Cory Styron Assistant Director, PARD 301 West Bagdad Avenue, Suite 250 Round Rock, TX 78664 20.01 RIGHT TO ASSURANCE A. Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for 8 written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 21.01 DEFAULT A. Either party shall be declared in default of this Agreement if it does any of the following: 1. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement, including payment obligations; 2. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; 3. Becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for bankruptcy, or has bankruptcy proceedings instituted against it, under the federal bankruptcy laws of the United States or other competent jurisdictions; 4. A writ of attachment or writ of execution is levied on the Equipment, and same is not satisfied or released within 10 days. B. Upon the occurrence of default by City, Vendor shall be entitled to pursue any one or more of the following remedies for default: 1. Declare the entire amount of rent to be immediately due and payable, without further notice or demand; 2. Commence legal proceedings to recover rent and other legal obligations accrued before and after the event of default. C. Upon the occurrence of breach, default or non -solvency by Vendor during the term of this Agreement, City shall be entitled to notice of such in writing, and City may pursue any one or more of the following remedies for default: 1. Purchase of balance of rent agreement, and transfer of ownership of Equipment from Vendor to City. 2. Any remedy available at law or in equity. 22.01 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. 9 B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections A or B of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 23.01 INDEMNIFICATION A. Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 24.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 25.01 ASSIGNMENT AND DELEGATION A. The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. B. VENDOR SHALL NOT ASSIGN THIS AGREEMENT, VENDOR'S INTEREST IN THIS AGREEMENT, OR VENDOR'S INTEREST IN THE EQUIPMENT COVERED HEREUNDER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF CITY, AND VENDOR SHALL NOT ASSIGN OR TRANSFER VENDOR'S RIGHT TO COLLECT RENT OR ANY OTHER FINANCIAL OBLIGATION OF CITY. 10 26.01 NOTICES A. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Marathon Fitness Attention: Paul Croegaert, Vice President Post Office Box 17705 Sugar Land, TX 77496 Notice to City: Steve Norwood, City Manager 221 East Main Street Round Rock, TX 78664 Stephan L. Sheets, City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 B. Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 27.01 APPLICABLE LAW; ENFORCEMENT AND VENUE A. This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 28.01 EXCLUSIVE AGREEMENT A. This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 29.01 DISPUTE RESOLUTION A. If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a 11 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. 30.01 SEVERABILITY A. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 31.01 MISCELLANEOUS PROVISIONS A. Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. B. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. C. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. D. Binding Agreement. This Agreement shall extend to and be binding upon and inure to the benefit of the parties' respective heirs, executors, administrators, successors and assigns. 12 E. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas Team Marathon Fitness, Inc. dba Marathon Fitness By: By: Printed Name: Printed Name: Title: Title: Date Signed: Date Signed: For City, Attest: By: Sara L. White, City Secretary For City, Approved as to Form: By: Stephan L. Sheets, City Attorney 13 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SOLICITATION NAME: CLAY MADSEN RECREATION CENTER FITNESS EQUIPMENT RENTAL SOLICITATION NUMBER: 11-003 FIRM NAME: MARATHON FITNESS MAILING ADDRESS: PO BOX 17705, SUGAR LAND, TX 77496 PHYSICAL ADDRESS: 695 INDUSTRIAL BLVD, SUGAR LAND, TX 77478 PHONE NUMBERS: 800-391-9496 OR 281-565-2307 TX HUB CERTIFICATION NO.: 1680544664400 FIRM CONTACT PERSON: PAUL CROEGAERT, VICE PRESIDENT DATE: 01/20/2011 EXHIBIT 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 LETTER OF TRANSMITTAL PROPOSAL PREPARED FOR SOLICITATION: Clay Madsen Recreation Center Fitness Equipment Rental SOLICITATION NUMBER: 11-003 SPRECIFICATION NUMBER: 11-805-57 Marathon Fitness understands the services to be performed and will ensure we meet the specified expectations. In the following bid information Marathon Fitness will outline our commitment, detailing how we will positively impact Clay Madsen Recreation Center, went. Authorized Individuals: Paul Croegaert, Vice President Christa Davis, President Address: PO Box 17705 Sugar Land, TX 77496 Telephone: 800-391-9496 or 281-565-2307 Email: paul tmarathonfitness.com christa c(�marathonfitness.com Signed by: Paul Croegaert, Vice resident 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Table of Contents LETTER OF TRANSMITTAL TAB 1 TABLE OF CONTENTS TAB 2 PROPOSAL SUBMISSION FORM TAB 3 Request For Proposal Page 1-2 Attachment A Cardio Training Equipment Schedule Page 3 Attachment B Strength Training Equipment Schedule Page 4 Attachment C Free Weight Equipment Schedule Page 5 Attachment D Miscellaneous Equipment Schedule Page 6 Attachment E Cardio Equipment Schedule for Trade -In Page 7 Attachment E Strength Equipment Schedule Available for Trade -In Page 8 PREVIOUS PERFORMANCE/EXPERIENCE Experience and References rtment Page 10 TAB 4 Page 11 DELIVERY COORDINATION PLAN TAB 5 Delivery Coordination Plan Page 12 FITNESS AREA AND EQUIPMENT LAYOUT TAB 6 Layout Page 13 COST PROPOSAL TAB 7 Proposal for rental, delivery, installation, training and maintenance Page 14-15 MAINTENANCE PROPOSAL TAB 8 Scheduled and Unscheduled Maintenance Page 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 REQUEST FOR PROPOSAL (RFP) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Roth, Texas 78664-5299 RESPONSES ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE SOUCITATION FACSIMILE RESPONSES OPQMNG TIME. SHALL NOT BE AMEPTED INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 SHOW OPENeIO DATE L OD NUMBER P LOREt LEFT HAW COWER OF SEALED ENVELOPE & SWAN RETURN /OWE= OF RESTCALANORRil SOUCITATION INFORMATION: NUMBER 11-003 OPENING DATE: 1/25/2011 3:00 P.M. SUBMITTAL LOCATION: 221 E. Main Street, Council Chambers, Round Rock, TX 778664 RETURN SIGNED ORIGINAL ANO FOUR COPIES OF BID RESPONDENT SRAM SIGN BELOW to sign win dlsq submittal. Aulhatzed Signature Paul Croegaert 0/2011 Date COMPLETE PRICING SUMMARY BREAKDOWN AND RENTAL OUTLINE INFORMATION, SEE COST PROPOSAL — TAB7, PAGE 14 P/ae 1 / cl ✓ See 1.7 of Bidding Instructions on page 2 City of Round Rock Various City owned facilities as per attached Solicitation #11-003. TAX ID NO.: 68-0544664 LEGAL eusrEss NAME: Team Marathon Fitness dba Marathon Fitness ADDRESS: PO Box 17705, Sugar Land, TX 77496 ADDRESS: 695 Industrial Blvd, Sugar Land, TX 77478 CONTACT: Paul Croegaert TELEPHIONE No.: 281-565-2307 BUSINESS FITrfY TYPE: Corporation "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 taws of this State, codfied in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust Taws, nor communicated directly or indirectly. the bid made to any competitor or any other person engaged in such line d business." By submitting a response to this solicitation, the Respondent agrees that the City's current Standard Definitions, Terms and Conditions shall govern unless specifically provided otherwise in a separate agreement. Said Definitions, Terms and Conditions are subject to dtange without notice. itis the sole responsibility of respondents to stay apprised of changes. A current draft of the City's Definitions, Terms and Conditions can be obtained from the City's website at http: www.roundrocktexas.govfhome/indexasp?page=462. The City's current insurance Requirements shall also apply and can be located at the same website address. This is for the Rental of Fitness Equipment in accordance with Solicitation #11-003. ...,.;..:.. .::.COSTP.ROPOSAL`.SHEET&:EQUIPMENT:SCHEDULE . ._ ATTAaWENrs iTEMA CLASS3REM DESCRIPTION STTL coo RENT FxrEEe cases THREE TEAR PURCHASE CAST TO RENT PRICE •••. . COST TO TRADEJfd - INSTALL VALUE TOTAL ATTACHMENT A SUP si RENTAL 805-57 Cardio Training Equipment Per Attached Equipment Specifications ATTACHMENT a GROUP $2 RENTAL 805-57 Strength Training Equipment Per Attached Equipment Specifications AT TAcludENT C GROUP *3 RENTAL805 57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT 0 GROUP I/4 RENTAL 805 57 Miscellaneous Equipment Per Attached Equipment SpedfiCations ATTACHMENT GROUP 03 F RENTAL 805- Free Weight Equipment Per Attached Equipment Spedficatians ATTACHMENT G RREENTPALN 805-57 Miscellaneous Equipment Per Attached • Equipment Specifcations • Project Total - RENTAL RFNTAI PRflPfCAI IC CIcoon nIri nu AG. A..MAI . es,....._.......... .....-- --- $4704 76700* COMPLETE PRICING SUMMARY BREAKDOWN AND RENTAL OUTLINE INFORMATION, SEE COST PROPOSAL — TAB7, PAGE 14 P/ae 1 / cl ✓ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 '... COST.PROP..OSAL�SHEET,&.EQUIPMENT:SCHEDULE ATTACHMENT R REM s CLASS 5 ITEM Amyx COST TO DESCIEPfOH RON EXTENDED THREE YEAR COST TO RENO CASH PURCHASE PNCE -•= TO INSTALL TOTAL ATTACHMENTPEH GROUP PURCHASE 805-57 Cardio Training Equipment Per Attached Equipment Specifications • ,548.00 3,959.50 $ 3,150.00 $85,698.00 $ 8,750.00 $52,709.50 ATTACHMENT B GROUP PURCHASE 805-57 Strength Training Equipment Per Attached Equipment S pSpecifications ATTACHMENTC GROUP 03 PURCHASE 805-57 Free Weight Equipment Per Atte.':: Equipment 1,421.00 S. r.: • $ 600.00 $ 2,021.00 ATTACHMENT 0 GROUP 04 PURCHASE 805 57 Miscella =:. Equipment Per Attached $ 3,612.00 quipment Specifications $ 900.00 $ 4,512.00 ATTACHMENT F GROUP 0I3 PURCHASE 80 ree Weight Equipment Per Attached Equipment $ 6,921.00 Specifications $ 650.00 $ 7,571.00 An RCHASE 805 57 Miscellaneous Equipment Per Attached $10,456.00 Equipment Specificationsu4 $ 915.00 $11,371.00 Project Total -PURCHASE Delivery in $4634182-.44 42 - 63 Days ATTACHMENT E GROUP I5 805-57 Trade -In Value of Existing Equipment Per Attached Equipment Schedule TEXAS HUB CERTIFICATE NO.: 1680544664400 $9,950.00 P(7-2 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 ATTACHMENT A Cardio Training Equipment Schedule Equipment Proposed Equipment Example Pa 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT B Strength Training Equipment Schedule Equipment Exam le 45 Degree Hyperextension Bench AB -X Abench - Titanium Frame/Black Upholstery Seated Preacher Cud Superbench (Flat/Adj. Incline) Adjustable Decline Bench Plate Loaded Angled Leg Press Smith Machine, Counterbalanced Crossover -Adjustable Pulleys Vertical Plate Tree Chest Press (260 lbs) Shoulder Press (215 lbs) Longpult w/Shroud C -Line Seated Row (260 lbs) C -Line Abdominal (215 lbs) C -Line Leg Press (425 lbs) C -Line Seated Leg Curl (260 lbs) C -Line Leg Extension (260 lbs) C -Line Inner Thigh (215 lbs) C -Line Outer Thigh (215 lbs) C -Line Bicep Curl (170 lbs) C-Lkne Seated Dip (260 lbs) Stretchtrainer Olympic chrome Curl Bar Olympic Spring Collars, Pair Equipment Proposed Precor CW312 45 Degree Hyperextension Bench Precor AB -X Abench Precor CW202 Seated Preacher Curl Precor CW119 Superbench Precor CW113 Adjustable Decline Bench Precor CW601 Plate Loaded Angled Leg Press Precor CW802 Smith Machine Precor CW407 Cross-over Adjustable Pulleys Precor CW816 Vertical Plate Tree Precor C -Line Chest Press Precor C -Line Shoulder Press Precor CW302 Longpuil with Shroud Precor C -Line Seated Row Precor C -Line Abdominal Precor C -Line Leg Press Precor C -Line Seated Leg Curl Precor C -Line Leg Extension Precor C -Line Inner Thigh Precor C -Line Outer Thigh Precor C -Line Bicep Curl Precor C -Line Seated Dip Precor C240 Stretchtrainer UMAX OBC Olympic Chrome Curi Bar UMAX OSC Olympic Spring Collars, Pair 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT C Free Weight Equipment Schedule Equipment Exam le (12) 45 ib Urethane Olympic Plates (12) 25 lb Urethane Olympic Plates (12)10 Ib Urethane Olympic Plates (8) 5 Ib Urethane Olympic Plates (6) 2.5 Ib Urethane Olympic Plates Equipment Proposed UMAX Promax 45 Ib Urethane Olympic Plates UMAX Promax 25 Ib Urethane Olympic Plates UMAX Promax 10 Ib Urethane Olympic Plates UMAX Promax 5 lb Urethane Olympic Plates UMAX Promax 2.5 Ib Urethane Olympic Plates 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 ROUND ROCK. TEXAS .1371S, I'A!::It1K hut.s.rstriY Solicitation #11.003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT D Miscellaneous Equipment Schedule Equipment Example XTV 900 MHZ Wireless Cardio Theater Single Channel 900 MHz Transmitter (includes Eft. length of audio patch cable) xTV Receivers 900 MHz Equipment Proposed CONTENT FOR THIS LINE ITEM LISTED IN THE TWO UNE ITEMS BELOW Cardio Theater XTV 900 MHz Single Channel Transmitter Cardio Theater 900 MHz Wireless Integrated Experience Series Receivers 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT E Trade4n Equipment Schedule Cardio Equipment Schedule A Equipment Type Brand Model # Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill TRUE 850 Treadmill TRUE 850 Treadmill TRUE CS6.0 Treadmill TRUE CS6.0 Stair Stepper Nautilus Sm 916 Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 546i Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri SEE SECOND PAGE OF ATTACHMENT E - Page 8 Trade In Value 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 Strength Equipment Schedule Availabf Equipment Type _ __ Brand Model or Part Number Row Machine Cybex Part Number 4520-91 Dual Axis Pull Down Cybex Part Number 4515-91 Nitro Incline Press Nautilus S3IPXX080027 Shoulder Press Cybex Part Number 4527-91 Chest Press Basix Bodymasters XB 960 Arm Curl Cybex Part Number 4820-91 Leg Extension Cybex Part Number 4611-91 Nitro Leg Press Nautilus S3LPXX080031 Leg Curl Cybex Part Number 4626-91 Nitro Hip Abduction/Adduction Nautilus Nitro Rotating Torso Nautilus Abdominal Paramount Model Number ap-3200 Cable Crossover BodyMasters SKU: 00013192/91 Chin up/Dip Paramount Model AP 4000 Lower Back Paramount Model AP 3300 Smith Machine Cybex Part Number 5341-91 Smith Machine Paramount Model Number PFW 7700A Preacher Curl Bench Paramount Model PFW 500403023 Ab Board Cybex Part Number 5208Y083 Leg Press Paramount SSUPB016 Back Extension Benches (2) 451b plates (21) Plates located on Leg Press & Smith Machines 35 lb plates (10) Plates located on Leg Press & Smith Machines 25 lb plates (14) Plates located on Leg Press & Smith Machines 10 lb plates (13) Plates located on Leg Press & Smith Machines 5 lb plates (17) Plates located on Leg Press & Smith Machines 2.5 lb plates (6) Plates located on Leg Press & Smith Machines *Trade value is based upon receipt of equipment award in its ENTIRETY (no partials) Total Trade -fn Value $9,950.00* 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PREVIOUS PERFORMANCE AND EXPERIENCE For the past 8 years, Marathon Fitness has been delivering, installing and servicing state of the art recreation facilities throughout the South Texas Market. We are proud of the reputation that we have built and freely share our customer references to be contacted regarding their entire Marathon Fitness Experience (feel free to request our more detailed client reference list). We not only inventory a significant amount of product for quick customer response but also inventory an unchallenged amount of repair parts stocked in every service van. We employee a team of (4) service technicians and have (3) stocked vehicles as well as a delivery truck in the Austin area. With the depth of multiple servicers and the inventoried parts commitment, we are able boast a 24 - 48 hours response time. Our Technicians carry factory certifications by Precor and Cardio Theater in service. Marathon Fitness has the warehouse space to stag We use our own installation team and do not use 3r° every aspect of your equipment experience from the installation and testing of your equipment and finally needs that arise in a quick and efficient manner. e the equipment for a smooth installation. party contractors. We are in control of design and function of your facility to the have the ability to address any service REFERENCES: 1. University of Texas Brian Stillman 512-475-7167 bstillman@mail. utexas.edu * Number one provider of fitness products 2. City of Temple Summit Ron German 254-298-5408 rgermann@cltemple.tx.us Performed Design and layout of facility renovations 3 times over last 4 years. Over 200K in product. Perform all annual PM 3. Georgetown PARD Greg Olmer 512-930-3596 golmer@georgetowntx.org Design and layout of new facility. Over 100K in product. Perform all annual PM's. 4. Killeen PARD Allison Burton 254.501.8842 aburton@:i.killeen.tx.us Design and layout of new facility. Over 200K in product. Ongoing preventative maintenance. Perform all annual PM's. Page 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DELIVERY COORDINATION PLAN Once the contract award is made we will process the order. Current lead times for the complete order would be between 6-9 weeks. As we get within a 2 week window of installing we will confirm with the facility about an appropriate start date. Once this is established, see the below schedule plan: 24 — 48 Hours Prior to Installation Date: A phone confirmation will be made to verify we are proceeding as scheduled Day 1: Extract all trade in Equipment. Day 2: Potential Cleaning of floors by Clay Madsen Facilities if needed. If not needed, this would be deleted. If a new floor surface is being installed and this time line needs to be extended, we will react accordingly. Day 3-5: Bring in new equipment, install, remove all debris and clean. Final layout adjustments and walk through for approval of Clay Madsen Staff. Test all Equipment and make final adjustments. Perform an in service for staff regarding proper equipment use and general maintenance information. Marathon Fitness will be available to assist with any open house events as well. Page igg ENIMERE gngA NNMNR NMf h10t 101NN 092@ P20s W W1yW 841u 6686 .- N Ml .F 11101- 1G012� ifs 40,7.8 gRa J MUT 10 1111 01 r 04 IMP 4) 01 10 r N M co NM 171- zW CO O1 nn I ^ rs- z 1+-- 0 r F- - Z "4-‘- N X W 0 N co? t'<1n 00 • Elc:2 Q WWJ >< /-LA_ (// W LU Cr)w U Qz 2E C) >— <Q 1-11 -J U U W 0 <o 0 0 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COST PROPOSAL The Purchase Cost of the proposal for the Clay Madsen Recreation Center section is outlined below and is based on the layout (10057R3) submitted and corresponds with Marathon Fitness internal price quote 9877. . The Rental Cost Proposal we are submitting will be based on an "AH or None" award. All or None Project Breakdown: CLAY MADSEN RECREATION CENTER • Cardiovascular Equipment (Including (8) Treadmills, (5) EFX's, (2) AMT's and (6) Bikes): $7A;288:98 • Cardiovascular (3) years parts and (3) years labor warranty: 0;34048 • Preventative Maintenance for (3) years with quarterly visits: $3,900.00. • Cardio Theater 900 MHz system reflects usage for (3) televisions (client provided) with Precor integrated receivers on all (21) cardiovascular machines: $3719-14T80 • All Strength pieces and accessories basedon the above referenced layout ((12) circuit machines, (1) cable crossover, (10) plate loaded and free weight stations, all free weight accessories for equipment in layout (standard warranties apply): $451388:50- • Freight, delivery and installation for complete project award: $437488:.88- • Trade -In Deduction for Attachment E list: $ 0,850.00 • Training: Basic Training on equipment for staff will be conducted following installation. We will also provide a basic in-service on cleaning and maintenance for the appropriate staff, as well as being available to attend and staff any open house events. These services will be included at No Charge. •LIRE DEPARTMEt T •—Strength €guipmont: $2,264.00 - PO ICC DEOAOTMENT TOTAL EQUIPMENT PURCHASE PRICE: $ 1.53,932.50 Page 14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Rental Agreement for order placed in its entirety (a Rental Agreement will need to be executed to process the order - due to the page limitation of the bid we did not include this. Please see Marathon Fitness Representative for detailed agreement): TOTAL RENTAL AMOUNT INCLUDING DOWN PAYMENT *(pricing does not include the below listed purchase option): $1-7-0,47-6,00 • Purchase Option at End of Rental Term: 511,200.00 Lump Sum Buyout to purchase all equipment in its entirety at the end of the 36 month term. Marathon Fitness is happy to adjust the proposal and rental agreement if the decision is made to adjust the desired equipment list. *Rental amount includes all of the above areas noted in the project breakdown section Page 15 MAINTENANCE PROPOSAL Per the proposed agreement, the maintenance breakdown will outline as follows: Quarterly visits will occur for a (3) year period (12 total visits) for Preventative Maintenance. This schedule will be confirmed based on the completion of the equipment installation. For a complete outline of what is included in a Preventative Maintenance visit, please request an outline from your Marathon Fitness Representative (due to page limitations of the bid we were unable to include this). When on site to perform Preventative Maintenance our technicians carry the necessary parts to make many of the basic repairs without a return trip. As previously mentioned in the performance and experience section, Marathon Fitness boasts of a 24-48 service response rate. We inventory an unchallenged amount of repair parts stocked in every service van. We employee a team of (4) service technicians and have (3) stocked vehicles as well as a delivery truck in the Austin area. With the depth of multiple servicers and the inventoried parts commitment, we are able to react and repair many issues on the initial visit. Our technicians carry factory certifications by Precor in service. Please feel free to contact your Marathon Fitness Representative to physically view a stocked vehicle. Clay Madsen Recreation Center will be provided with a direct cell phone number for the lead technician assigned to supervise all customer satisfaction service related issues. Marathon Fitness also has an inside Customer Service contact at the main office that can be reached during standard business hours to assist when the need arises. ROUND ROCK, TEXAS PURPOSE PAtSS7Cs1PROCPO:P.ITt CITY OF ROUND ROCK, TEXAS REQUEST FOR PROPOSALS CLAY MADSEN RECREATION CENTER FITNESS EQUIPMENT RENTAL RFP No. 11-003 Addendum No. 1 Date of Addendum: January 6, 2011 Please note the questions and answers, revisions or additions to the solicitation referenced above. 1. Q: Are the serial numbers available on the City's trade-in equipment to assist in better evaluating its market value? A: See ADDENDUM A attached. Please also use this list as a current inventory of what the weight room currently houses. 2. 0: What is the City's desired delivery date of equipment? A: As soon as possible upon award of contract with close coordination with the City's Project Administrator to avoid long closure times for members. 3. Q: What is the City's desired maintenance schedule? A: Currently the City is scheduled for quarterly maintenance. Respondents shall recommend a schedule they feel Is optimum for the City and the equipment proposed. 4. Q: How should the maintenance cost be presented in the proposal? A: Present the annual maintenance cost separately for each category of equipment recommended. Cost proposal should be clear and easy to understand. 5. Q: Does the proposal need to fit within the recommended 12 pages? A: Yes. Dividers do not count toward the 12 page guideline. 6. Q: Does the City desire ADA compliant equipment? A: Yes. Proposed equipment and floor plan should meet ADA requirements. 7. Q: Are multiple proposals acceptable from the same vendor? A: Yes. Submit each under separate cover. Approved by Joy Baggett, Purchaser By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED Vendor Authorized Signature 1//t/j/1 Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. ATTACHMENT A ADDENDUM #1 RFP #11-003 CURRENT CMRC Equipment for Removal Cardio Equipment: Equipment Type Brand Model # Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill LifeFitness • 93T Treadmill True 850 Treadmill True 850 Treadmill . True CS6.0 Treadmill True CS6.0 Stair Stepper Nautilus Sm 916 Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 5461 Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness. 95Ri Stationary Bike LifeFitness 95Ri Strength Equipment: Equipment Type Brand Model or Part Number Row Machine Cybex Part Number 4520-91 Dual Axis Pull Down Cybex Part Number 4515-91 Nitro Incline Press Nautilus S3IPXX080027 Shoulder Press Cybex• Part Number 4527-91 Chest Press Basix Bodymasters XB 960 Arm Curl Cybex Part Number 4820-91 Leg Extension Cybex Part Number 4611-91 Nitro Leg Press Nautilus S3LPXX080031 Leg Curl Cybex Part Number 4626-91 Nitro Hip Abduction/Adduction Nautilus Nitro Rotating Torso Nautilus . Abdominal Paramount Model Number ap-3200 Cable Crossover BodyMasters SKU: 00013192/91 Chin up/Dip Paramount Model AP 4000 Lower Back Paramount Model AP 3300 Smith Machine Cybex Pararnount Part Number 5341-91 Model Number PFW 7700A Smith Machine Preacher Curl Bench Paramount• Model PFW 500403023 Ab Board Cybex Part Number 5208Y083 Leg Press Paramount SSUPB016 Back Extension Benches (2) - 45 Ib plates (21) Plates located on Leg Press & Smith Machines 35 Ib plates (10) Plates located on Leg Press & Smith Machines 25 ib plates (14) Plates located on Leg Press & Smith Machines 10 ib plates (13) Plates located on Leg Press & Smith Machines 5 Ib plates (17) Plates located on Leg Press & Smith Machines 2.5 Ib plates (6) Plates located on Leg Press & Smith Machines , -1r —/ROUND ROCK. TEXAS PORPOST.. PA\iI fj PRC) PERIT\: CITY OF ROUND ROCK, TEXAS REQUEST FOR PROPOSALS CLAY MADSEN RECREATION CENTER FITNESS EQUIPMENT RENTAL RFP No. 11-003 Addendum No. 2 Date of Addendum: January 10, 2011 Please note the questions and answers, revisions or additions to the solicitation referenced above. 1) Please be aware that the floor plan and dimensions issued with the original solicitation document did not provide the dimensions of the free -weight portion of the room. An updated drawing is herein made a part of this addendum as ATTACHMENT A and also made a part of the solicitation specifications. The added dimensions provide for approximately 13'5" x 28'10" of additional floor space. 2) The changed specification may affect the respondent's submittal. Therefore the DUE DATE of the responses has been EXTENDED to: JANUARY 18, 2011 by 3:00 pm City of Round Rock, Council Chambers 221 E. Main Street Round Rock, TX 78664 Approved by Joy Baggott, Purchaser 13y the signatures affixed below, Addendum No. 2 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED t`ia.+ o-iinorj-Tri ne.SS Vendor Authorized Signature RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUAUFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. ATTACHMENT A CITY OF ROUND ROCK, TEXAS REQUEST FOR PROPOSALS CLAY MADSEN RECREATION CENTER FITNESS EQUIPMENT RENTAL RFP No. 11-003 Addendum No. 3 Date of Addendum: January 14, 2011 Please note the questions and answers, revisions or additions to the solicitation referenced above. 1) Two additional City departments are seeking to rent or purchase fitness equipment. Policy requires that this solicitation include these additional specifications into RFP#11-003. A revised Cost Proposal Sheet is herein made a part of this solicitation to accommodate these items. ATTACHMENT F and G are herein made a part of this solicitation to specify the equipment schedule. Equipment removal and trade-in is not a part of the scope of work for ATTACHMENT F and G. 1.1 Police Department Address: 2701 N. Mays Round Rock, TX 78665 1.2 Fire Department Address: 203 Commerce Blvd. Round Rock, TX 78664 2) The revised Cost Proposal Sheet has been modified to allow respondents to provide the rental price and also a cash purchase price. Please provide both. The City can then weigh the benefits of each purchase method. 3) The DUE DATE of the responses has been extended to: JANUARY 25, 2011 by 3:00 pm City of Round Rock, Council Chambers 221 E. Main Street Round Rock, TX 78664 4) Page count permitted for responses shall be increased from 12 to 18. Approved by Joy Bag • -tt, Purchaser By the signatures affixed below, Addendum No. 3 is he incorporated into and made a part of the above referenced solicitation. D a+ +65� 1 -,-ones s ` Ci ' ! g' Mil Vendor Authorized Signature e U Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. C0 REQUEST FOR PROPOSAL (RFP) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 RESPONSES ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE SOLICITATION FACSIMILE RESPONSES OPENING TIME SHALL NOT BE ACCEPTED INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas. 78664-5299 SHOW OPENING DATE 8, BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED ENVELOPE & SHOW RETURN ADDRESS OF RESPONDING FIRM. SOLICITATION INFORMATION: NUMBER 11-003 OPENING DATE: 1/25/2011 3:00 P.M. SUBMITTAL 221 E. Main Street, Council Chambers, LOCATION: Round Rock, Tx 778664 RETURN SIGNED ORIGINAL AND FOUR COPIES OF BID RESPONDENT SHALL SIGN BELOW Failure to sign will disqualify submittal. Authorized Signature Date DESTINATION: See 1.7 of Bidding Instructions on page 2 • City of Round Rock Various City owned facilities as per attached Solicitation #11-003. TAX ID NO.: LEGAL BUSINESS NAME: ADDRESS: ADDRESS: CONTACT: TELEPHONE NO.: BUSINESS ENTITY TYPE: "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." By submitting a response to this solicitation, the Respondent agrees that the City's current Standard Definitions, Terms and Conditions shall govern unless specifically provided otherwise in a separate agreement. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. A current draft of the City's Definitions, Terms and Conditions can be obtained from the City's website at httpJ/www.roundrocktexas.govihomergndex.asp?page=462. The City's current Insurance Requirements shall also apply and can be located at the same website address. This is for the Rental of Fitness Equipment in accordance with Solicitation #11-003. • ' 4,9 T P. Ogn T QUID NT IIV ' � ' "3'✓+ e; t 7x $ a •r .� •. '4R'� ATT C,M ;A. a . _. ..e'e�,baawM.Nr.•..,, 3k ,yy t CASSE 1 rEM y nfr } e a ,�Ytc' W x:. Xh i J at'.T.4t�' t •�M 'f`� � - •M ' yl x¢k3 e b" ,sp . . d✓• DE,SCRIPTIO.. s kr�v-,,�o-,r.,.: 4 `vF..;as h 5}w,. I r ANMIALS o sam Nr SSi t F t Lg ± TEfyEN .c ST TO E OST T R ,A k a t h 'x _r i 1 y 2F kk fir crs� $ �' �`ir7.r dn��'' . e" COST 1.1";,#31- . i�c/C � INSTALL, 1:/_`Y�r:4�dr'`TOTAL, ATTACHMENT A GROUP 1 RENTAL 805-57 . Cardio Training Equipment Per Attached Equipment ment Sp ecifications ATTACHMENT 6 GROUP #2 RENTAL 805-57 Strength Training Equipment Per Attached Equipment Specifications ATTACHMENTC GROUP #3 RENTAL 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT DMiscellaneous GENTS 805-57 Equipment Per Attached Equipment Specifications ATTACHMENT F GROUP #3 RENTAL 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT G GROUP #4 RENTAL 805-57 Miscellaneous Equipment Per Attached Equipment Specifications Project Total - RENTAL Project Total - PURCHASE Delivery In Days • ATTACHMENT E GROUP #5 805-57 Trade -In Value of Existing Equipment Per Attached Equipment Schedule ii i` r 4 •Ai3 • M I COST 0POSAVSHE51Ii QUIP TSC b LE �I �. a A ACHMENT & ITEM #, , }� CLASS &ITEM d.h4€ .5. M1s7 �,: p+ n.6 NJy +p. ..,� Ak " . ` 4 sa a f> } CttlW`i) ' ' ++�,�r 'Per ,b as' SE < •Pw� �� s h1 f �s y ,,,,:.� 1 f �n,�;r�{�� k COSTO , ,. o �„1"srw.. ti�i��ra ;��o ,LL ATTACHMENTA GROUP S1 PURCHASE 805-57 Cardio Training Equipment Attached ched Equipment Specifications ATTACHMENT B GROUP #2 PURCHASE 805-57 Strength Training Equipment Per Attached Equipment Specifications ATTACHMENT C GROUP S3 PURCHASE 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT D GROUP #4 PURCHASE 805-57 Miscellaneous Equipment Per Attached .. Equipment Specifications ATTACHMENT F GROUP PURCHASE 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT G GROUP #4 PURCHASE 805-57 Miscellaneous Equipment Per Attached Equipment Specifications • Project Total - PURCHASE Delivery In Days • ATTACHMENT E GROUP #5 805-57 Trade -In Value of Existing Equipment Per Attached Equipment Schedule BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified will be retumed to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govem. Bids subject to unlimited price increase will not be considered. 1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be considered In determining the low bid. All cash discounts offered will be taken if eamed. 1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name of entity and Tax Identification Number (lin). 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn atter opening time without approval of the CITY based on a written acceptable reason. 1.9 The City Is exempt from State Sales Tax and Federal Excise Tax. Do not include tax h bid. 1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 My catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of Ike nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas.Local Govemment Code. If other than brand(s) spedfied is offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data In bid, bidder will be required to furnish brand names, numbers, etc, as specified In the iFB. 2.2 All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise Indicated to IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be returned to the bidder, on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete • delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid rat. (See 4.2 following.) 4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City advised at all times of status of order. Default In promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, In cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. • 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any suppliers place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be retumed to the Vendor or held for disposition at Vendors risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terns, conditions, and specifications contained in the IFB Bids do not become contracts unless and until they are accepted by the City through its designates and a purchase order is Issued. The contract shall be govemed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims Involving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all clasps for overcharges associated with this contract, which arise under the antitrust laws of the State of Texas. Tx, Bus. Md Comm. Code Ann. Sec. 15.01, et seq. (1967). 10. BIDDER AFFIRMATION: • 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shat be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that 10.2 The bidder has not given, offered to give, nor intends to give any tine hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor, or service to a public servant in connection with the submitted bid. 10.3 The bidder is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder nor the flim, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the antitrust laws of this State codified h Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the bid made to any competitor, or any other person engaged in such he of business. 10.5 The bidder has not received compensation for participation h the preparation of the specification for this IFB. 11. NOTE TO BIDDERS: Any terms and conditions attached to bid wll not be considered unless the bidder specifically references them on the front of this bit form. WARNING: Such terms and conditions may result In disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, et) The City of Round Rock can only accept bids which contain all the terns and conditions of its formal IFB; in particular, all bidders alfirtnatlons and certifications must be included. Submission of bids on forms other than Cly bit form may result h disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date. PAGE 1of1 REV: 04-04-05 ROUND.ROCK, TEXAS PURPOSE. Pr1SSIOK PROSPERIT: Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT F Equipment Schedule - Fire Department Equipment Example Leg Press Programmable Treadmill 120v Equipment Proposed �2OUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT G Equipment Schedule - Police Department Equipment Example Power Rack Programmable Treadmill 120v Lower Body, Self Powered Elliptical Trainer Seated Multi-purpose Bench Calf Platform Olympic Barbell Bar Equipment Proposed REQUEST FOR PROPOSAL (RFP) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 RESPONSES ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE SOLICITATION OPENING TIME. INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 FACSIMILE RESPONSES SHALL NOT BE ACCEPTED SHOW OPENING DATE 8 BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED ENVELOPE a SHOW RETURN ADDRESS OF RESPONDING FIRM. SOLICITATION INFORMATION: NUMBER OPENING DATE: SUBMITTAL LOCATION: 11-003 1/11/2011. 3:00 P.M. 221 E. Main Street, Council Chambers, Round Rock, TX 778664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID RESPONDENT SHALL SIGN BELOW Failure to sign will disqualify submittal. Authorized Signature Date Pri DESTINATION: ' See 1.7 of Bidding Instructions on page 2 City of Round Rock Various City owned facilities as per attached Solicitation #11-004. TAX ID NO.: LEGAL BUSINESS NAME: ADDRESS: - ADDRESS: CONTACT: TELEPHONE NO.: • BUSINESS ENTITY TYPE: "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." By submitting a response to this solicitation, the Respondent agrees that the City's current Standard Definitions, Terms and Conditions shall govern -unless specifically provided otherwise in a separate agreement. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. A current draft of the City's Definitions, Terms and Conditions can be obtained from the City's website at http:llwww.roundrocktexas.gov/homefrndex.asp?page=462. The City's current Insurance Requirements shall also apply and can be located at the same website address. This is for the Rental of Fitness Equipment in accordance with Solicitation #11-003.• 1"- i ' SyiRl.Ygi©ROS S tiEkil ^utli B...t `.. M" - - ' 1: it rr qe+��.,,.ic'j.s �fi� s f •. t tr, CaME . TE__„ , a w37 g.^z`�,,51 hryi CLAS$a ITEM.' f°t.��..+.ry k4 � c �, �; 17 �f' o`.�, ."'�Ws sed±y''>j� } x3 : .... DESC - PTIO lr.�?�.�r.+.,..3„ �? ,� . 't` a r EXTENDED q .# 2� COST • INSTAL '. ' 1. I = Ofrka,. 7_110,1 ;�'TOTALK;:°; EE;'��.: COS � TO RENT i" COS l! u" R T :. ATTACHMENT A GROUP #1 805-57 Cardio Training Equipment Per Attached Equipment Specifications ATTACHMENT B GROUP #2 805-57 Strength Training Equipment Per Attached Equipment Specifications ATTACHMENT C GROUP #3 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT D GROUP #4 805-57• Miscellaneous Equipment Per Attached Equipment Specifications ATTACHMENT E GROUP #5 805-57 Trade -In of Existing Equipment Per Attached Equipment Schedule ( ) Delivery in Project Total Days BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, ft should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed spermcations identified in this Invitation For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified wilt be returned to bidder unopened. Late bids will not be considered. • 1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govem. Bids subject to unlimited price increase will not be considered. 1.6 Bid prices shall be firm for acceptance 30 days from bid opening date: 'Discount from List" bids are not acceptance unless requested. Cash discount will not be considered to determining the low bid. All cash discounts offered will be taken if eamed. 1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind signatories firm in a contract. Firm name should appear on each page in the block provided In the upper right comer. Business Entity shall be one (1) of the following:' individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name of entity and Tax identification Number (Tin). 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and Is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid, bidder will be required to furnish brand names, numbers, etc, as specified in the IFB. 2.2 Ali items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise Indicated in IFB. Verbal agreements to the contrary wit not be recognized. 2.3 ' Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be returned to the bidder, on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturer's standard warranty shat apply unless otherwise stated In the IFB. 3. TIE BIDS: in case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without vatid'reason may cause removal from bid list (See 4.2 following.) 4.2 If delay is foreseen, contractor shat give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full Increase, if any, In cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shat be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any suppliers place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bld or on samples taken from regular shipments. If the products tested fail to meet or exceed at conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be borne by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result In revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the Clty based upon the temps, conditions, and specifications contained in the IFB Bids do not become contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be governed, construed, and interpreted under the Charter of the City and the haws of State of Texas. All contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit three (3) copies of an Invoice showing the purchase order number on at copies. 8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims Involving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State of Texas. Tx, Bus. And Comm. Code Ann. Sec.15.01, et seq. (1967). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement Is a material breach of contract and shat void the submitted bid or any resulting contracts, and the bidder shat be removed from all bid fists. By signature hereon affixed, the bidder hereby certifies that 10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, girt, loan, gratuity, special discount, tip, favor, or service to a public servant in connection with the submitted bid. 10.3 The bidder Is not currently delinquent In the payment of any debt owed the City. 10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial 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. 10.5 The bidder has not received compensation for participation In the preparation of the specification for this IFB. 11. NOTE TO BIDDERS: Any terns and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such terms and conditions may result In disqualiication of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment Limitations on remedies, etc.) The City of Round Rock can only accept bids which contain at the terms and conditions of Its formal IFB; in particular, all bidders affirmations and certifications must be included. Submission of bids on forms other than City bid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date. PAGE 1of1 REV: 04-04-05 SOLICITATION NUMBER 11-003 SPECIFICATION NUMBER 11-805-57 December 7, 2010 CITY OF ROUND ROCK REQUEST FOR PROPOSALS FOR CLAY MADSEN RECREATION CENTER FITNESS EQUIPMENT RENTAL PART 1 GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks to contract withoa qualified fitness equipment supplier to rent, deliver, install and maintain a complete inventory of commercial grade gym equipment for the Clay Madsen Recreation Center (CMRC) weight room. 2. BACKGROUND.: The CMRC currently lists 2,839 members with an average of 300 users per day accessing the weight room. Historically, the City's Parks and Recreation Department has owned and maintained the CMRC fitness equipment. With the goal of eliminating the maintenance expense and administration, and providing the CMRC members with new equipment on a regular basis, the City seeks to enter into a rental arrangement for said equipment. Additionally, the City seeks to continue to provide the CMRC members with top quality fitness equipment for cardiovascular exercise and apparatus for training each muscle group. With this goal in mind, equipment is being listed herein as examples to establish the City's minimum critical requirements. 3. PROJECT BUDGET:. The total rental budget for the facility's equipment shall be based on the necessary equipment required to meet the City's critical requirements and fill the available square footage of the CMRC fitness area, just over.2,400 square feet. A floor plan of the weight room is made a part of this solicitation and is herein ATTACHMENT F. All pieces of specified equipment, equipment delivery, installation and maintenance of each shall be within the proposed amount and specified rental timeline. 4. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's current standard Definitions, Terms and Conditions shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's current Definitions, Terms and Conditions can be obtained from the City's website at ht:tp://www.roundrocktexas.clov/home/index.asp?page=462. 5. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the City's current draft of Insurance Requirements as identified on the City's website at htto://www.roundrocktexas.gov/homefindex.asp?page=462. 6. CLARIFICATION: For questions or clarification of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 Ibaclaett(round-rock.tx.us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or 1 of 6 SOLICITATION NUMBER 11-003 SPECIFICATION NUMBER 11-805-57 December 7, 2010 alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Division. PART II INSTRUCTIONS 1. PROPOSAL SCHEDULE: It is the City's intention to comply with the following proposal timeline: 1.1 Request for Proposals released December 10, 2010 1.2 Pre -Proposal conference December 28, 2010 2:00 PM Clay Madsen Recreation Center Lobby 1600 Gattis School Rd Round Rock, TX 78664-7013 1.3 Deadline for questions 1.4 City responses to all questions/addendums 1.5 Responses for solicitation due by 3:00 p.m. 1.6 Oral Presentation (if necessary) 1.7 Award to Respondent December 30, 2010 January 6, 2010 January 11, 2010 February 1— February 15, 2010 March 1, 2010 The City reserves the right to modify these dates at any time with appropriate notice to all prospective Respondents. 2. PROPOSAL DUE DATE: Signed and sealed proposals are due no later than 3:00 p.m. on the date noted above to the Purchasing Department. Mail or carry sealed proposals to: City of Round Rock • Purchasing Office 221 E. Main Street Round Rock, Texas 78664-5299 2.1 Proposals received after this time and date will not be considered. 2.2 Sealed proposals shall be clearly marked on the outside of packaging with the solicitation title, number, due date and "DO NOT OPEN". 2.3 Facsimile or electronically transmitted proposals are not acceptable. 2.4 Late proposals shall be returned to Respondent unopened if retum address is provided. 3. PRE -SOLICITATION MEETING AND SITE VISIT: The City shall conduct a site inspection of the specified location.for all interested Respondents to familiarize them with the site specifications, conditions, difficulties and restrictions and to give all potential Respondents an opportunity to ask questions they may have conceming this solicitation. 3.1 Meeting date, time and location: December 28, 2010 2:00 PM Clay Madsen Recreation Center Lobby 1600 Gattis School Rd Round Rock, TX 78664-7013 2 of 6 SOLICITATION NUMBER 11-003 SPECIFICATION NUMBER 11-805-57 December 7, 2010 4. QUALIFICATIONS: The opening of a solicitation shall not be construed as the City's acceptance of such Respondent as qualified and responsive. All Respondents shall: 4.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 4.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 4.3 Identify any subcontractors to be used for this project. Experience, qualifications and references of the sub respondents shall be submitted. The City reserves the right to approve or disapprove all sub respondents prior to any work being performed. 5. BEST VALUE EVALUATION AND CRITERIA: Respondents may be required to make an oral presentation to the selection team to further present their qualifications. These presentations shall provide the Respondent the opportunity to clarify their proposal and ensure a mutual understanding of the services to be provided and the approach to be used. All proposals received shall be evaluated based on the best value for the City. In determining best value, the City may consider the following: 5.1 Purchase price and terms; 5.2 The total long-term cost to the City to acquire the Respondent's goods or services; 5.3 Reputation of Respondent; 5.4 Experience, qualifications and quality of the Respondent's goods and services; 5.5 The extent to which the goods and services meet the City's needs; 5.6 Respondent's past relationship with the City; 5.7 Any relevant criteria specifically listed in the solicitation. 6. CONTRACT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process, the City may: 6.1 Review all proposals and determine which Respondents are reasonably qualified for award of the contract. 6.2 Determine the Respondent whose submittal is most advantageous to the City considering the evaluation criteria. 6.3 Attempt to negotiate with the most responsive Respondent a contract at fair and reasonable terms, conditions and cost. 6.4 If negotiations are successful, enter into a contract or issue a purchase order. 6.5 If not successful, formally end negotiations with that Respondent. The City may then: 6.5.1 Select the next most highly qualified Respondent and attempt to negotiate a contract at fair and reasonable terms, conditions and cost with that Respondent. 6.5.2 The City shall continue this process until a contract is entered into or all negotiations are terminated. 6.6 The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most advantageous, or to waive any irregularities or informalities in the submittal received. 6.7 Split awards may be made at the sole discretion of the City. 3 of 6 SOLICITATION NUMBER 11-003 SPECIFICATION NUMBER 11-805-57 December 7, 2010 PART III SPECIFICATIONS 1. SCOPE OF WORK: The City of Round Rock, herein after "City", seeks to contract with a qualified fitness equipment supplier to rent, deliver, install and maintain a complete inventory of commercial grade gym equipment for the Clay Madsen Recreation Center (CMRC) weight room. 2. CRITICAL REQUIREMENTS: The City seeks to continue to provide the CMRC members with top quality fitness equipment for cardiovascular exercise and apparatus for training each muscle group. With this goal in mind, an equipment schedule is being provided herein, ATTACHMENTS A -D, to establish the City's minimum critical requirements. All scheduled equipment shall be proposed for a rental period of three (3) years. Respondent shall provide at a minimum: 2.1 Olympic standard weight calibration. 2.2 Dumbbells, barbells and plates shall feature Urethane coating. 2.3 Plates with easy grip design. 2.4 Pound and kilo weight indications with easy -to -read numbers. 2.5 Equipment for safe and effective cardiovascular exercise. 2.6 Equipment for safe and effective exercise of each muscle group. 2.7 Equipment design and floor layout in compliance with the revised Americans with Disabilities Act (ADA) Regulations Implementing Title II and Title III published in the Federal Register September 15, 2010. 3. DELIVERY AND INSTALLATION: Respondent shall provide cost proposal for: 3.1 Freight and delivery to CMRC fitness area of specified equipment in new condition and ready for continued use. 3.2 All materials, product and labor for delivery, unpacking and installation services necessary for the complete fitness center package specified. 3.3 Any equipment that is delivered in damaged or non -working condition shall be removed and replaced within 72 hours. 3.4 All equipment set-up and acceptance testing coordination with City's Project Administrator within 24 hours of installation. 3.5 Removal and disposal of all associated rubbish. 3.6 Final site clean-up. 4. MAINTENANCE AGREEMENT: Respondent shall provide detailed outline of services for all scheduled and unscheduled maintenance of proposed equipment on an annual basis to be included in cost proposal. Agreement shall specify response times for service calls. 5. EXISTING EQUIPMENT REMOVAL & TRADE-IN: Respondent shall provide a trade-in value on existing CMRC equipment, herein ATTACHMENT E. Trade-in shall include the removal said equipment from the site. 6. PROPOSAL SUBMISSION REQUIREMENTS: To achieve a uniform review process and obtain the maximum degree of comparability, the proposals shall be organized in the manner specified 4 of 6 TAB #1 TAB #2 TAB #3 TAB #4 TAB #5 TAB #6 TAB #7 TAB #8 SOLICITATION NUMBER 11-003 SPECIFICATION NUMBER 11-805-57 December 7, 2010 below. Proposals shall not exceed twelve (12) pages in length (excluding title pages(s) and index/table of contents, or dividers). Information in excess of those pages allowed shall not be evaluated. One page shall be interpreted as one side of a double-spaced, printed, 8'/" X 11" sheet of paper. Submit one (1) unbound original and four (4) bound copies of proposal. It is recommended that proposals not be submitted in ringed binders or metal spirals to conserve cost for both the Respondent and the City. Once submitted the proposals become the property of the City. 6.1 Title Page (1 page) — Show the solicitation title and number, the name of your firm, address, telephone number(s) name of contact person and date. 6.2 Letter of Transmittal (1 page) — Identify the solicitation project for which proposal has been prepared. 6.2.1 Briefly state your firms understanding for the services to be performed and make a positive commitment to provide the services as specified. 6.2.2 Provide the name(s) of the person(s) authorized to make representations for your firm, their titles, address, telephone numbers and e-mail address. 6.2.3 The letter of each proposal shall be signed in permanent ink by a corporate officer or other individual who has the authority to bind the Respondent. The name and title of the individuals(s) signing the proposal shall be clearly shown • immediately below the signature. 6.3 Table of Contents (1 page) — Clearly identify the materials by Tab and Page Number. 6.4 . Proposal Submission Form — Complete and signed. 6.5 Previous Performance/Experience — Provide detailed information on the company and experience with providing fitness equipment and installation services as described in the Scope of Work. 6.4.1 Provide at least three references for which your company has provided the same or similar services. Include a point of contact, current telephone number, e-mail and a brief description of the services provided. Any negative responses received may result in disqualification from consideration for award. Failure to include references with submittal may result in disqualification from consideration for award. 6.5 Delivery Coordination Plan — Respondent shall provide a detailed method and schedule of the complete installation as per the specifications contained herein. 6.6 Fitness Area and Equipment Layout — Respondent shall provide a recommended layout solution for the fitness area per ATTACHMENT F herein. 6.7 Cost Proposal — Respondent shall include a cost proposal to provide rental, delivery, installation, training and maintenance services as described herein. 6.8 Maintenance Proposal — Respondent shall fumish outline for both scheduled and unscheduled maintenance of all equipment for the time frames indicated. Outline shall provide response times to critical issues. 7. DELIVERABLES REQUIRED UPON AWARD: The successful Respondent shall be responsible for, but not limited to providing the fitness equipment and installation of as described herein as well as: 7.1 Operating and safety instructions for all equipment. 7.2 Contact information for scheduled and unscheduled maintenance. 5of6 SOLICITATION NUMBER 11-003' SPECIFICATION NUMBER 11-805-57 December 7, 2010 8. EXAMINATION OF EQUIPMENT AND ACCEPTANCE: The quality of material delivered to the CMRC location shall be to the satisfaction of the Project Administrator. All equipment shall pass acceptance testing at the sole discretion of the Project Administrator. The Project Administrator shall verify that unit(s) are complete, tested and ready for continued use. With that determination payment can be issued for the rental agreement. The City shall have 30 days to utilize and test equipment with the option to terminate rental agreement with no penalty. 9. NOTIFICATION: The Project Administrator must be notified a minimum of 24 -hours in advance of beginning installation. 11. PROJECTADMINSTRATOR: All work performed shall be supervised and verified by the City representative(s) noted below. Mary Hemenes Office: (512) 341-3383 mhemeneseround-rock.tx.us •6of6 C 4 Z �� c a) CY r c a) E a a w co N a7 c .r+ LL L a) 4- c c a) V c O w ea a) L d R' c d N a as 2 A a L W N cc cl G O a 0 *a c L o w4 - a 1 - am o m ATTACHMENT A Cardio Training Equipment Schedule a N O a 2 L a a a w co w mc c 1fi»ROUND ROCK, TEXAS Fos[ ISftN t' tspfWlt Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT B Strength Training Equipment Schedule Equipment Example 45 Degree Hyperextension Bench AB -X Abench - Titanium Frame/Black Upholstery Seated Preacher Curl Superbench (Flat/Adj. Indine) Adjustable Decline Bench Plate Loaded Angled Leg Press Smith Machine, Counterbalanced Crossover -Adjustable Pulleys Vertical Plate Tree Chest Press (260 lbs) Shoulder Press (215 lbs) Longpull w/Shroud C -Line Seated Row (260 lbs) C -Line Abdominal (215 lbs) C -Line Leg Press (425 lbs) C -Line Seated Leg Curl (260 lbs) ' C -Line Leg Extension (260 lbs) C -Line Inner Thigh (215 lbs) C -Line Outer Thigh (215 lbs) C -Line Bicep Curl (170 lbs) C -Line Seated Dip (260 lbs) Stretchtrainer Olympic Chrome Curl Bar Olympic Spring Collars, Pair Equipment Proposed 'ROUND ROCK, TEXAS PIIRPOSC R SSIOK PROSPI RIT( Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT C Free Weight Equipment Schedule Equipment Example (12) 45 Ib Urethane Olympic Plates (12) 25 Ib Urethane Olympic Plates (12)10 Ib Urethane Olympic Plates (8) 5 Ib Urethane Olympic Plates (6) 2.5 Ib Urethane Olympic Plates Equipment Proposed 1ROUNO ROCK, TEXAS PURPOSE. RASSION. PROSOtRITY. Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT D Miscellaneous Equipment Schedule Equipment Example XTV 900 MHZ Wireless Cardio Theater Single Channel 900 MHz Transmitter (includes 6ft. length of audio patch cable) xTV Receivers 900 MHz E • ui • ment Pro • osed ROUND ROCK, TEXAS PURPOSE- R\SsIoN. PROWL:M-r Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT E Trade -In Equipment Schedule Cardio Equipment Schedule Available for Trade - Equipment Type Brand Model # Treadmill LifeFitness 93T Treadmill LifeFitness • 93T Treadmill LifeFitness 93T Treadmill LifeFitness . 93T Treadmill TRUE 850 Treadmill TRUE 850 Treadmill TRUE CS6.0 Treadmill TRUE CS6.0 Stair Stepper Nautilus Sm 916 Elliptical Precor EFX 554i . Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 546i Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Trade In Value Strength Equipment ScheduleAvailable for Trade - Equipment Type Brand Model or Part Number Row Machine Cybex Part Number 4520-91 Dual Axis Pull Down Cybex Part Number 4515-91 Nitro Incline Press Nautilus S31PXX080027 Shoulder Press Cybex Part Number 4527-91 Chest Press Basix Bodymasters XB 960 Arm Curl Cybex Part Number 4820-91 Leg Extension Cybex Part Number 4611-91 Nitro Leg Press Nautilus S3LPXX080031 Leg Curl Cybex Part Number 4626-91 Nitro Hip Abduction/Adduction Nautilus Nitro Rotating Torso Nautilus Abdominal Paramount Model Number ap-3200 Cable Crossover BodyMasters SKU: 00013192/91 Chin up/Dip Paramount Model AP 4000 Lower Back Paramount Model AP 3300 Smith Machine Cybex Part Number 5341-91 Smith Machine Paramount Model Number PFW 7700A Preacher Curl Bench Paramount Model PFW 500403023 Ab Board Cybex Part Number 5208Y083 Leg Press Paramount SSUPB016 Back Extension Benches (2) 451b plates (21) Plates located on Leg Press & Smith Machines 35 lb plates (10) Plates located on Leg Press & Smith Machines 25 Ib plates (14) Plates located on Leg Press & Smith Machines 10 lb plates (13) Plates located on Leg Press & Smith Machines 5 lb plates (17) Plates located on Leg Press & Smith Machines 2.5 lb plates (6) Plates located on Leg Press & Smith Machines Total Trade -In Value ATTACHMENT F N z 0 RECREATION z 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 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 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 conceming 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 6. WORKERS COMPENSATION INSURANCE 6.1. 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. 6.1.1. 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. 6.1.2. 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. 6.2. 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 fumishes 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. 6.3. 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. 6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 6.5. 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. 6.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 6.6.1. 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 6.6.2. 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. 6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 6.8. 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. 6.9. 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. 6.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 6.10.1. 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; 6.10.2. 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; 6.10.3. 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; 6.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 6.10.3.1.1. 6.10.3.1.2. 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 6.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one year thereafter, 6.10.3.3. 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 6.10.3.4. 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. 6.10.3.5. 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. 6.10.3.6. 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. 1261. Agenda Caption: Meeting Date: Consider a resolution authorizing the Mayor to execute a Rental/Purchase Option Agreement with Team Marathon Fitness, Inc. dba Marathon Fitness for the Clay Madsen Recreation Center. May 12, 2011 Department: Parks and Recreation Staff Person making presentation: Rick Atkins Parks and Recreation Director Item Summary: In the past PARD used an annual capital allocation through the budget process to purchase new cardio and fitness equipment for CMRC. In an effort to reduce down time and provide the most up to date work out equipment for our member s the rental method was selected. Cardio equipment, specifically designed weight resistance weights and specific used by members of CMRC for keeping fit and meeting their personal health goals. The existing equipment varies in age from 2 years to 11 years of age. A RFP was issued through the Purchasing Division and evaluated by a team from PARD and Purchasing based on relevant criteria of best value. The team recommends Marathon Fitness for a three year rental agreement. The equipment rental provides up-to-date equipment and reduces cost from service work. Strategic Plan Relevance: 8.0 Maintain and enhance the public confidence, satisfaction and trust in City Government 37.0 Encourage and support efforts to build a healthier community. Cost: $147,800 Source of Funds: General Fund Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK AGREEMENT FOR RENTAL/PURCHASE OPTION FOR FITNESS EQUIPMENT FROM TEAM MARATHON FITNESS, INC. dba MARATHON FITNESS THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: This Agreement is for rental/purchase option for fitness equipment for City of Round Rock Parks and Recreation Department's Clay Madsen Recreation Center, and for related goods and services including delivery, installation, removal of and credit for existing equipment, maintenance and warranty coverage, and is referred to herein as the "Agreement." This Agreement is made and entered into on this the I2.4)- day of the month of 11,14 14 2011, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the "City," and TEAM MARATHON FITNESS, INC. dba MARATHON FITNESS, whose offices are located at Post Office Box 17705, Sugar Land, Texas 77496, referred to herein as "Marathon" or the "Vendor." This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to rent and have a purchase option for fitness equipment for CIay Madsen Recreation Center, and to purchase associated services including but not limited to delivery, installation, removal of and credit for existing equipment, maintenance and warranty coverage, and City desires to obtain same from Vendor; and WHEREAS, City has issued its "Request for Proposals" for the provision of said goods and services, and City has selected the proposal 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: 217784/jkg '12-11- 6 - (2-128.1 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to obtain specified goods and Vendor is obligated to provide specified goods. The Agreement includes the following: (a) City's Request for Proposal designated as RFP 11- 003, Specification Number 11-805-57 dated December 7, 2010; (b) Vendor's Response to RFP dated January 20, 2011; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: 1. This Agreement, and all exhibits attached thereto; 2. Purchaser's Response to RFP; 3. City's Request for Proposals, addenda, exhibits, and attachments. B. Casualty Value means the market value of the Equipment at the end of the term or when, in relation to a Total Loss, the market value that the Equipment would have had at the end of the term, but for the Total Loss. The Casualty Value may be less than, but will not be more than, the original purchase price of the Equipment. C. City means the City of Round Rock, Williamson and Travis Counties, Texas. D. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. E. Equipment means the description of goods per Marathon Quote #10322. Upon installation of Equipment, Vendor shall give notice to City of all serial numbers registered by Vendor with manufacturer(s). F. Goods mean the specified supplies, materials, commodities, or equipment. G. Total Loss means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment at the time of loss. H. Vendor means Team Marathon Fitness, Inc. dba Marathon Fitness, or any successors or assigns. 2.01 EFFECTIVE DATE; INITIAL TERM; ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. 2 B. The initial rental term of this Agreement is for three (3) years from the effective date hereof. After that initial term this Agreement may be renewed, with any such renewal to occur on or before the expiration date of the preceding term, and with any such renewal 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 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, subject to termination provisions in Section 22.01 of this Agreement. 3.01 CONTRACT DOCUMENTS AND EXHIBITS A. City selected Vendor as the integrator of choice to supply the goods and services as outlined in RFP 11-003, Specification Number 11-805-57 dated December 7, 2010; and Response to RFP 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 RFP and as offered by Vendor in its Response to the RFP. B. The goods and services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED A. All Exhibit "A" "Cost Proposal Sheet & Equipment Schedule" are awarded to Vendor. 13. The parties expressly acknowledge and agree that fair and arms -length negotiations were held between the parties, and that Vendor voluntarily and without duress agreed to reduce various component and total prices. The parties expressly acknowledge and agree that any strike-throughs, corrections, and notations made on exhibits attached hereto, including those made to Vendor's proposal submission, are correct and represent the binding agreement of the parties, and that such changed exhibits take ultimate precedence over all other documents. 3 5.01 COSTS A. The following shall be the basis of any charges collected by Vendor. The "Project Total - RENTAL" amount listed on the bid included as Exhibit "A" has been negotiated by the parties to the following changed amounts: 1. The "Project Total - RENTAL" amount has been adjusted downwards from $170,176.00 to $147,800.00; 2. The "Down Payment" amount has been adjusted downwards from $40,000.00 to $35,000.00; 3. The "Monthly Payment" amounts have been adjusted downwards from 36 monthly payments of $3,616.00 each (including applicable trade-in value of existing equipment of $9,950.00) to 36 monthly payments in accordance with the following schedule (including applicable trade-in value of existing equipment of $9,950.00): Months 1 - 12 of the contract term $4,200.00 per month Months 13 - 24 of the contract term $3,400.00 per month Months 25 - 36 of the contract term $1,800.00 per month Total $112,800.00 4. The "Purchase Option" amount has been adjusted downwards from $11,200.00 to $8,000.00 as a lump sum buyout payment following final 36th rental payment. 6.01 INVOICES A. All invoices shall include, at a minimum, the following information: 1. Name and address of Vendor; 2. Purchase Order Number; 3. Description and quantity of items received; and 4. Delivery dates. 7.01 DELIVERY OF EQUIPMENT A. Vendor shall timely deliver, at Vendor's own expense and risk, the Equipment to its designated location(s) within the City of Round Rock, Texas. 8.01 USE OF EQUIPMENT A. City shall use the Equipment in a commercially reasonable manner, and shall comply with all manufacturer's requirements furnished to City by Vendor and/or 4 manufacturer(s) regarding the Equipment, and City shall comply with any applicable law (whether local, state or federal) regarding use of the Equipment including but not limited to environmental and copyright law. B. City shall use the Equipment for the purpose for which said Equipment was designed, and not for any other purpose. C. Unless City obtains the prior written consent of Vendor, City shall not alter, modify or attach anything to the Equipment, unless such alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment. 9.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING A. Authority for local governments to contract with one another to perform certain governmental fimctions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. B. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 10.01 NON -APPROPRIATION AND FISCAL FUNDING A. This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then -current fiscal year. 11.01 PAYMENT; PROMPT PAYMENT POLICY; PURCHASE OPTION A. Payment. A non-refundable down payment of $35,000.00 is due from City upon proper execution of this Agreement by both parties. The balance is due from City in 36 monthly payments in accordance with the schedule delineated herein in Section 5.01A.3 (including applicable trade-in value of existing equipment of $9,950.00). Payment shall be made in accordance with the Texas Prompt Payment Act recited in this Section 11.01B. 5 B. Prompt Payment Act. In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Vendor will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: 1. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or 2. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or 3. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 4. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. C. Purchase Option. Ninety (90) days prior to the end of the term of this Agreement and the end of the rental period, Vendor shall notify City in writing of City's option to purchase the Equipment for a one-time lump sum payment of $8,000.00. City shall have 45 days from date of receipt of Vendor's notice in which to respond to Vendor that City elects to accept such purchase option. In the event that City elects to accept such purchase option, and upon payment by City of the final 36th month rental payment plus the one-time lump sum payment of $8,000.00, Vendor shall transfer ownership of the Equipment to City free and clear of any and all liens and encumbrances of any type. 12.01 GRATUITIES AND BRIBES A. City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 13.01 TAXES A. City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 6 14.01 REPAIR OBLIGATIONS; WARRANTY A. Repair Obligations. Vendor shall, at Vendor's sole expense during any warranty period, keep the rental equipment in good repair according to manufacturer's warranty terms, normal wear and tear excepted. Vendor shall supply all parts that are necessary to keep the rental equipment in good working order. The following are not considered to be "normal wear and tear": abuse or misuse of equipment outside of the manufacturer's original design intent; neglect, such as failing to properly clean sweat from frames which then results in rusting of metal surfaces. B. Vendor shall respond to City for any and all repairs within 24-72 hours from email service request/work request from City. Such response shall be from a PRECOR-approved warranty service provider, and shall be onsite service responsive to warranty request, and shall be delivered within a strict 24-72 hour timeframe from notification by City. City shall submit all requests for warranty work in writing via email to both of the following: (Customercare@marathonfitness.com and tech@marathonfitness.com). C. All work shall be satisfactorily completed by Vendor or Vendor's designee at Vendor's expense. All repair work will, by terms of this Agreement, be provided at no additional cost to City. The parties expressly agree that this is to include ALL related repair costs including but not limited to travel, lodging, meals, and the like. D. Warranty. Vendor warrants and guarantees that all rental equipment will be in new working order and new condition upon delivery. The rental equipment is warranted as being of merchantable quality and is further warranted as being fit for use for the following purpose: use in a public fitness area. 15.01 LOSS DAMAGE A. To the extent permitted by law, after delivery of the Equipment to the City, City shall be responsible for risk of loss, theft, damage or destruction to the Equipment from extraordinary circumstances such as acts of God. The parties expressly acknowledge that damage from normal use and/or reasonable process is not included within this Section 15.01A. B. In the event the Equipment is lost or damaged, City shall continue its payment obligation under this Agreement, shall provide Vendor with prompt written notice of such loss or damage, and shall, if the Equipment is repairable, put or cause the Equipment to be put into a state of good repair, appearance, and condition. C. In the event of Total Loss of the Equipment, City shall continue its payment obligation under this Agreement, shall provide Vendor with prompt written notice of such loss, and shall replace the Equipment with encumbrance -free equipment of the same model, type and configuration. 7 16.01 OWNERSHIP; RIGHT TO RENT; QUIET ENJOYMENT A. Vendor warrants that City shall have the right to rent, without owning, the Equipment according to the terns of this Agreement; and if City's purchase option is exercised according to the terms of this Agreement, then and in that event City shall own such Equipment. B. Vendor warrants that, so long as no legal default has occurred of this Agreement, Vendor shall not disturb City's quiet and peaceful possession of the Equipment, and warrants City's unrestricted use of the Equipment for the purposes for which the Equipment was designed. 17.01 SURRENDER OF EQUIPMENT A. At the end of the term of this Agreement, in the event that City has not exercised its purchase option in accordance with the terms of this Agreement, then and in that event City shall make the Equipment available for pick-up, and Vendor shall arrange at its sole cost and expense, to pick up such Equipment. B. In the event that City fails to snake the Equipment available for pick-up, the parties acknowledge that City shall pay to Vendor any unpaid rent for the term plus the Casualty Value of the Equipment, which is hereby defined as twenty percent (20%), at which time ownership of the Equipment shall pass in an unrestricted manner to City. 18.01 INSURANCE A. Vendor shall meet all requirements as stated in the attached RFP (including Attachment A entitled "City of Round Rock Insurance Requirements" and all attachments and exhibits); and its proposal response. B. City shall provide proof of insurance to Vendor and will abide by all applicable local, state and federal laws pertaining thereto. 19.01 CITY'S REPRESENTATIVE A. City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Cory Styron Assistant Director, PARD 301 West Bagdad Avenue, Suite 250 Round Rock, TX 78664 20.01 RIGHT TO ASSURANCE A. Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for 8 written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 21.01 DEFAULT A. Either party shall be declared in default of this Agreement if it does any of the following: 1. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement, including payment. obligations; 2. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; 3. Becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for bankruptcy, or has bankruptcy proceedings instituted against it, under the federal bankruptcy laws of the United States or other competent jurisdictions; 4. A writ of attachment or writ of execution is levied on the Equipment, and same is not satisfied or released within 10 days. B. Upon the occurrence of default by City, Vendor shall be entitled to pursue any one or more of the following remedies for default: 1. Declare the entire amount of rent to be immediately due and payable, without further notice or demand; 2. Commence legal proceedings to recover rent and other legal obligations accrued before and after the event of default. C. Upon the occurrence of breach, default or non -solvency by Vendor during the term of this Agreement, City shall be entitled to notice of such in writing, and City may pursue any one or more of the following remedies for default: 1. Purchase of balance of rent agreement, and transfer of ownership of Equipment from Vendor to City. 2. Any remedy available at law or in equity. 22.01 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. 9 13. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Vendor. C. Vendor has the right to terminate this Agreement for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections A or B of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 23.01 INDEMNIFICATION A. Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 24.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 25.01 ASSIGNMENT AND DELEGATION A. The parties hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the tents of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. B. VENDOR SHALL NOT ASSIGN THIS AGREEMENT, VENDOR'S INTEREST IN THIS AGREEMENT, OR VENDOR'S INTEREST IN THE EQUIPMENT COVERED HEREUNDER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF CITY, AND VENDOR SHALL NOT ASSIGN OR TRANSFER VENDOR'S RIGHT TO COLLECT RENT OR ANY OTHER FINANCIAL OBLIGATION OF CITY. 10 26.01 NOTICES A. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Marathon Fitness Attention: Paul Croegaert, Vice President Post Office Box 17705 Sugar Land, TX 77496 Notice to City: Steve Norwood, City Manager 221 East Main Street Round Rock, TX 78664 Stephan L. Sheets, City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 B. Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 27.01 APPLICABLE LAW; ENFORCEMENT AND VENUE A. This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 28.01 EXCLUSIVE AGREEMENT A. This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 29.01 DISPUTE RESOLUTION A. If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a 11 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. 30.01 SEVERABILITY A. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 31.01 MISCELLANEOUS PROVISIONS A. Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. B. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City niay pursue any remedy available without waiver of any of City's additional legal rights or remedies. C. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. D. Binding Agreement. This Agreement shall extend to and be binding upon and inure to the benefit of the parties' respective heirs, executors, administrators, successors and assigns. 12 E. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Name: Title: Date Signed: For City, Attest: Sara L. White, City Secretary For City, Ap s roved as to Form: By. Step 4 L. Sheets, City Attorney 13 Team Marathon Fitness, Inc. clba Marathon Fitness By: Printed Name: Title: Date Signed: 4 tl 1 1 1 1 1 1 1 1 f SOLICITATION NAME: CLAY MADSEN RECREATION CENTER FITNESS EQUIPMENT RENTAL SOLICITATION NUMBER: 11-003 FIRM NAME: MARATHON FITNESS MAILING ADDRESS: PO BOX 17705, SUGAR LAND, TX 77496 PHYSICAL ADDRESS: 695 INDUSTRIAL BLVD, SUGAR LAND, TX 77478 PHONE NUMBERS: 800-391-9496 OR 281-565-2307 TX HUB CERTIFICATION NO.: 1680544664400 FIRM CONTACT PERSON: PAUL CROEGAERT, VICE PRESIDENT DATE: 01/20/2011 EXHIBIT nAn t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LETTER OF TRANSMITTAL PROPOSAL PREPARED FOR SOLICITATION: Clay Madsen Recreation Center Fitness Equipment Rental SOLICITATION NUMBER: 11-003 SPRECIFICATION NUMBER: 11-805-57 Marathon Fitness understands the services to be performed and will ensure we meet the specified expectations. In the following bid information Marathon Fitness will outline our commitment, detailing how we will positively impact Clay Madsen Recreation Center, meat. -- - - - - '=--- Authorized Individuals: Paul Croegaert, Vice President Christa Davis, President Address: PO Box 17705 Sugar Land, TX 77496 Telephone: 800-391-9496 or 281-565-2307 Email: paul(marathonfitness.com christaa.marathonfitness.com Signed by: "&AI Paul Croegaert, Vice resident 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Table of Contents LETTER OF TRANSMITTAL TAB 1 TABLE OF CONTENTS TAB 2 PROPOSAL SUBMISSION FORM TAB 3 Request For Proposal Page 1-2 Attachment A Cardio Training Equipment Schedule Page 3 Attachment B Strength Training Equipment Schedule Page 4 Attachment C Free Weight Equipment Schedule Page 5 Attachment D Miscellaneous Equipment Schedule Page 6 Attachment E Cardio Equipment Schedule for Trade -In Page 7 Attachment E Strength Equipment Schedule Available for Trade -In Page 8 PREVIOUS PERFORMANCE/EXPERIENCE TAB 4 Experience and References Page 11 DELIVERY COORDINATION PLAN TAB 5 Delivery Coordination Plan Page 12 FITNESS AREA AND EQUIPMENT LAYOUT TAB 6 Layout Page 13 COST PROPOSAL TAB7 Proposal for rental, delivery, installation, training and maintenance Page 14-15 MAINTENANCE PROPOSAL TAB 8 Scheduled and Unscheduled Maintenance Page 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 REQUEST FOR PROPOSAL (RFP) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 RESPONSES ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE SOUCtTATI0N FACSYtE RF.SPONSES OPENING TIME. SHALL NOT BE ACCEPTED INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 SHOW OPENING GATE & 8m MAWR N LOVER IFFY HMD CORNER OF SEALED METOPE & SHOW RETURN ADDRESS OF RESPONDING ra01. SOIJCITATION INFORMATION: NUMBER 11-003 OPENING DATE: 1/25/2011 3:00 P.M. SUBMrITAL LOCATION: 221 E. Main Street, Council Chambers, Round Rock, TX 778684 RETURN SIGNED ORIGINAL ANO FOUR COPIES OF BID RESPONDENT SHALL SIGN BELOW Authorized aglanre Paul Croeqaert Print Name 0/2011 Cate DESTINATION: COMPLETE See 1.7 of Bidding Instructions on page 2 City of Round Rock Various City owned facilities as per attached Solicitation #11-003. TAX ID NO.: 68-0544664 LEGAL BUSINESS NAME: Team Marathon Fitness dba Marathon Fitness ADoNESS: PO Box 17705, Sugar Land, TX 77496 ADDRESS: 695 Industrial Blvd, Sugar Land, TX 77478 CONTACT: Paul Croegaert TELEPHONE NO.: 281-565-2307 BUSINESS arrive TYPE: Corporation 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, codfied 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 d business.' By submitting a response to this solicitation, the Respondent agrees that the City's current Standard Definitions, Terms and Conditions shall govern unless specifically provided otherwise In a separate agreement. Said Definitions, Terms and Conditions are subject to change without notice. Itis the sole responsibility of respondents to stay apprised of changes. A current draft of the City's Definitions, Terms and Conditions can be obtained from the City's website at http:/lwww.roundr0cktexas.govlhome/indexasp?page=462. The City's current Insurance Requirements shall also apply and can be located at the same website address. This is for the Rental of Fitness Equipment in accordance with Solicitation #11-003. ..:..'..:':;:..::.COSTPROPOSA4.SHEETAEQUIPMENT:SCHEDULE . ATTACHMENT S ITEM 5 CLASS & REM DESCRIPTION ANNUAL COST TO RENT QED CASH THREEYEAR PURCHASE COST TO RENT PRICE COST TO TRADE41 INSTALS VALUE TOTAL ATTACHMENT A GROUP #1 RENTAL 805-57 Cardio Training Equipment Per Attached Equipment Specifications ATTACHMENT B GROUP t2 RENTAL 805-57 Strength Training Equipment Per Attached Equipment Specifications ATTACHMENT C GROUP 83 RENTAL 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT D GROUP 1,4 RENTAL 805-57 Miscellaneous Equipment Per Attached Equipment Specifications ATTACHMENT F GROUP 03 RENTAL 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT G GROUP *4 RENTAL 805-57 Miscellaneous Equipment Per Attached Equipment Specifications RENTAL 4NGL44DES-APPLAGABL-E-TRADE-INS IOCAITA1 DDr r,r-c• A/ 1[n fJ t�IIILIl.. PIIfs ISA.. A... a....... ..............-.....— ......w—....— Project Til - $47047-6700* COMPLETE PRICING SUMMARY BREAKDOWN AND RENTAL OUTLINE INFORMATION, SEE COST PROPOSAL - TAB7, PAGE 14 Pape 1 lr1,✓ 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 ;..`:.'::`... COST PROPOSALSHEET;Si. EQUIPMENT:SCHEDULE `.>.:. ATTACHYENTa ITEM s CLASS a ITEM ANNA_ COST TO DESCRIPTION RENT MEWED THEE YEAR COST To SENT CASH PURCHASE PRICE ,.- TO /STALL TOTAL ATTACHnw£NTA GROUP #1 PURCHASE 805-57 Cardio Training Equipment Per Attached Equipment Specifications • ,548.00 3,959.50 $ 3,150.00 585,698.00 $ 8,750.00 552,709.50 ATTACHMENT 8 GROUP lit PURCHASE 805-57 Strength Training Equipment Per Attached Equipment Specifications ATTACHMENT C GROUP A3 PURCHASE 805-57 Free Weight Equipment Per A n...- :: Equipment , 1,421.00 S.`' .. $ 600.00 $ 2,021.00 ATTACHMENT D GROUP /4 PURCHASE 805 57 Miscella .. zi Equipment Per Attached $ 3.612.00 ui q parent Specifications $ 900.00 $ 4,512.00 ATTACHMENT F GROUP ea PURCHASE 80 = Free Weight Equipment Per Attached Equipment 5 6,921.00 Specifications $ 650.00 5 7,571.00 ATT 7F4 RCHASE 805 57 Miscellaneous Equipment Per Attached 510,456.00 Equipment Specifications $ 915.00 511,371.00 Project Total -PURCHASE Delivery In 42 - 63 Days ATTACHMENT E GROUP PIS 805-57 Trade -In Value of Existing Equipment Per Attached Equipment Schedule TEXAS HUB CERTIFICATE NO.: 1680544664400 $9,950.00 772v2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 c. E w H to -. Lt. 1 0 U 0 co co 0 O O a 2 ca L N co 0 O 0. O O ▪ g U 3 Sr co W ATTACHMENT A Cardia Training Equipment Schedule Equipment Proposed Equipment Example Pa 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT B Strength Training Equipment Schedule Equipment Exam le Equipment Proposed 45 Degree Hyperextension Bench AB -X Abench - Titanium Frame/Black Upholstery Seated Preacher Curl Superbench (Flat/Adj. Incline) Adjustable Decline Bench Plate Loaded Angled Leg Press Smith Machine, Counterbalanced Crossover -Adjustable Pulleys Vertical Plate Tree Chest Press (260 lbs) Shoulder Press (215 lbs) Longpull w/Shroud C -Line Seated_Row (260 lbs) C -Line Abdominal (215 lbs) C -Line Leg Press (425 lbs) C -Line Seated Leg Curt (2601bs) C -Line Leg Extension (260 lbs) C -Line Inner Thigh (215 lbs) C -Line Outer Thigh (215 lbs) C -Line Bicep Curl (170 lbs) C -Line Seated Dip (260 lbs) Stretchtrainer Olympic Chrome Curl Bar Olympic Spring Collars, Pair Precor CW312 45 Degree Hyperextension Bench Precor AB -X Abench Precor CW202 Seated Preacher Curl Precor CW119 Superbench Precor CW113 Adjustable Decline Bench Precor CW601 Plate Loaded Angled Leg Press Precor CW802 Smith Machine Precor CW407 Cross-over Adjustable Pulleys Precor CW816 Vertical Plate Tree Precor C -Line Chest Press Precor C -Line Shoulder Press Precor CW302 Longpull with Shroud Precor C -Line Seated Row Precor C -Line Abdominal Precor C -Line Leg Press Precor C -Line Seated Leg Curl Precor C -Line Leg Extension Precor C -Line Inner Thigh Precor C -Line Outer Thigh Precor C -Line Bicep Curl Precor C -Line Seated Dip Precor C240 Stretchtrainer UMAX OBC Olympic Chrome Curl Bar UMAX OSC Olympic Spring Collars, Pair 1 1 1 1 1 1 1 1 1 1 1 1 1 ROUND ROCK. TEXAS may-var. r sKurt WEf.:rvrmiv Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT C Free Weight Equipment Schedule Equipment Example (12) 45 Ib Urethane Olympic Plates (12) 25 Ib Urethane Olympic Plates (12)10 Ib Urethane Olympic Plates (8) 5 Ib Urethane Olympic Plates (6) 2.5 Ib Urethane Olympic Plates Equipment Proposed UMAX Promax 45 lb Urethane Olympic Plates UMAX Promax 25 Ib Urethane Olympic Plates UMAX Promax 10 Ib Urethane Olympic Plates UMAX Promax 5 Ib Urethane Olympic Plates UMAX Promax 2.5 Ib Urethane Olympic Plates ROUND ROCK. TEXAS IN1TafYlCYt. 11�+':Ic�KflR1)CPI:IiIry Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT D Miscellaneous Equipment Schedule Equipment Example XTV 900 MHZ Wireless Cardio Theater Single Channel 900 MHz Transmitter (includes 6ft. length of audio patch cable) xTV Receivers 900 MHz Equipment Proposed CONTENT FOR THIS LINE ITEM LISTED IN THE TWO LINE ITEMS BELOW Cardio Theater XTV 900 MHz Single Channel Transmitter Cardio Theater 900 MHz Wireless Integrated Experience Series Receivers 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -ROUND ROCK, TEXAS IS174V151L. W,S'40N 11,11. Ff.I i1 Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT E Trade-in Equipment Schedule Cardio Equipment Schedule Available for Trade Equipment Type Brand . Model # Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill TRUE 850 Treadmill TRUE 850 Treadmill TRUE CS6.0 Treadmill TRUE CS6.0 Stair Stepper Nautilus Sm 916 Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i 1 Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 546i Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri SEE SECOND PAGE OF ATTACHMENT E - Page 8 Trade In Value 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Strength Equipment Schedule Available for Trad Equipment Type Brand Model or Part Number Row Machine Cybex Part Number 4520-91 Dual Axis Pull Down Cybex Part Number 4515-91 Nitro Incline Press Nautilus S3IPXX080027 Shoulder Press Cybex Part Number 4527-91 Chest Press Basix Bodymasters XB 960 Arm Curl Cybex Part Number 4820-91 Leg Extension Cybex Part Number 4611-91 Nitro Leg Press Nautilus S3LPXX080031 Leg Curl Cybex Part Number 4626-91 Nitro Hip Abduction/Adduction Nautilus Nitro Rotating Torso Nautilus Abdominal Paramount Model Number ap-3200 Cable Crossover BodyMasters SKU: 00013192/91 Chin up/Dip Paramount Model AP 4000 Lower Back Paramount Model AP 3300 Smith Machine Cybex Part Number 5341-91 Smith Machine Paramount Model Number PFW 7700A Preacher Curl Bench Paramount Model PFW 500403023 Ab Board Cybex Part Number 5208Y083 Leg Press Paramount SSUPB016 Back Extension Benches (2) 45 lb plates (21) Plates located on Leg Press & Smith Machines 35 lb plates (10) Plates located on Leg Press & Smith Machines 25 lb plates (14) Plates located on Leg Press & Smith Machines 10 lb plates (13) Plates located on Leg Press & Smith Machines 5 lb plates (17) Plates located on Leg Press & Smith Machines . 2.5 Ib plates (6) Plates located on Leg Press & Smith Machines *Trade value is based upon receipt of equipment award in its ENTIRETY (no partials) Total Trade -In Value $9,950.00* 17> 1 1 1 1 1 1 1 1 1 1 1 1 e 1 1 1 PREVIOUS PERFORMANCE AND EXPERIENCE For the past 8 years, Marathon Fitness has been delivering, installing and servicing state of the art recreation facilities throughout the South Texas Market. We are proud of the reputation that we have built and freely share our customer references to be contacted regarding their entire Marathon Fitness Experience (feel free to request our more detailed client reference list). We not only inventory a significant amount of product for quick customer response but also inventory an unchallenged amount of repair parts stocked in every service van. We employee a team of (4) service technicians and have (3) stocked vehicles as well as a delivery truck in the Austin area. With the depth of multiple servicers and the inventoried parts commitment, we are able boast a 24 - 48 hours response time. Our Technicians carry factory certifications by Precor and Cardio Theater in service. Marathon Fitness has the warehouse space to stage the equipment for a smooth installation. We use our own installation team and do not use 3`d party contractors. We are in control of every aspect of your equipment experience from the design and function of your facility to the installation and testing of your equipment and finally have the ability to address any service needs that arise in a quick and efficient manner. REFERENCES: 1. University of Texas Brian Stillman 512-475-7167 bstillman@mail.utexas.edu * Number one provider of fitness products 2. City of Temple Summit Ron German 254-298-5408 rgermann@ci.temple.tx.us Performed Design and layout of facility renovations 3 times over last 4 years. Over 200K in product. Perform all annual PM 3. Georgetown PARD Greg Olmer 512-930-3596 golmer@georgetowntx.org Design and layout of new facility. Over 100K in product. Perform all annual PM's. 4. Killeen PARD Allison Burton 254.501.8842 aburton@ci.killeen.tx. us Design and layout of new facility. Over 200K in product. Ongoing preventative maintenance. Perform all annual PM's. Page 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DELIVERY COORDINATION PLAN Once the contract award is made we will process the order. Current lead times for the complete order would be between 6-9 weeks. As we get within a 2 week window of installing we will confirm with the facility about an appropriate start date. Once this is established, see the below schedule plan: 24 — 48 Hours Prior to Installation Date: A phone confirmation will be made to verify we are proceeding as scheduled Day 1: Extract all trade in Equipment. Day 2: Potential Cleaning of floors by Clay Madsen Facilities if needed. If not needed, this would be deleted. If a new floor surface is being installed and this time line needs to be extended, we will react accordingly. Day 3-5: Bring in new equipment, install, remove all debris and clean. Final layout adjustments and walk through for approval of Clay Madsen Staff. Test all Equipment and make final adjustments. Perform an in service for staff regarding proper equipment use and general maintenance information. Marathon Fitness will be available to assist with any open house events as well. Page1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EJ W ozas E5 W ggpg,a4 tffmgeRgn *,I453 1{')2' WWNW EZV nab .- N Yi .F u9 w h R3 0t te'- • els L CD uD M On • uj VI 211 r, of CD CFI CD 1\ n O • r, 1 za-r-�r� Q Z N X- ca w 0 N OD c) m CC Q -J xaQ o u- ul [ '7 0 to Q 0 O O 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 COST PROPOSAL The Purchase Cost of the proposal for the Clay Madsen Recreation Center section is outlined below and is based on the layout (10057R3) submitted and corresponds with Marathon Fitness internal price quote 9877. the bid we did not incIurtp thio). The Rental Cost Proposal we are submitting will be based on an "All or None" award. All or None Project Breakdown: CLAY MADSEN RECREATION CENTER • Cardiovascular Equipment (Including (8) Treadmills, (5) EFX's, (2) AMT's and (6) Bikes): $70,208.00 • Cardiovascular (3) years parts and (3) years labor warranty: $9734040 • Preventative Maintenance for (3) years with quarterly visits: $3,000.00. • Cardio Theater 900 MHz system reflects usage for (3) televisions (client provided) with Precor integrated receivers on all (21) cardiovascular machines: $3;442-00 • All Strength pieces and accessories based on the above referenced layout ((12) circuit machines, (1) cable crossover, (10) plate loaded and free weight stations, all free weight accessories for equipment in layout (standard warranties apply): $15,380.50 • Freight, delivery and installation for complete project award: $13,100.00 • Trade -In Deduction for Attachment E list: $ 0,050.00 • Training: Basic Training on equipment for staff will be conducted following installation. We will also provide a basic in-service on cleaning and maintenance for the appropriate staff, as well as being available to attend and staff any open house events. These services will be included at No Charge. •FIRE DEPARTMENT DOL ICE DEPARTMENT • Strength Equipment: $1,871.00 ) years tabor warranty: $1,000,00 TOTAL EQUIPMENT PURCHASE PRICE: $153,932.50 Page 14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Rental Agreement for order placed in its entirety (a Rental Agreement will need to be executed to process the order - due to the page limitation of the bid we did not include this. Please see Marathon Fitness Representative for detailed agreement): TOTAL RENTAL AMOUNT INCLUDING DOWN PAYMENT *(pricing does not include the below listed purchase option): 41-7-447-6-00, • Purchase Option at End of Rental Term: $14.,200.001 Lump Sum Buyout to purchase all equipment in its entirety at the end of the 36 month term. Marathon Fitness is happy to adjust the proposal and rental agreement if the decision is made to adjust the desired equipment list. *Rental amount includes alt of the above areas noted in the project breakdown section Page 15 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i MAINTENANCE PROPOSAL Per the proposed agreement, the maintenance breakdown will outline as follows: Quarterly visits will occur for a (3) year period (12 total visits) for Preventative Maintenance. This schedule will be confirmed based on the completion of the equipment installation. For a complete outline of what is included in a Preventative Maintenance visit, please request an outline from your Marathon Fitness Representative (due to page limitations of the bid we were unable to include this). When on site to perform Preventative Maintenance our technicians carry the necessary parts to make many of the basic repairs without a return trip. As previously mentioned in the performance and experience section, Marathon Fitness boasts of a 24-48 service response rate. We inventory an unchallenged amount of repair parts stocked in every service van. We employee a team of (4) service technicians and have (3) stocked vehicles as well as a delivery truck in the Austin area. With the depth of multiple servicers and the inventoried parts commitment, we are able to react and repair many issues on the initial visit. Our technicians carry factory certifications by Precor in service. Please feel free to contact your Marathon Fitness Representative to physically view a stocked vehicle. Clay Madsen Recreation Center will be provided with a direct cell phone number for the lead technician assigned to supervise all customer satisfaction service related issues. Marathon Fitness also has an inside Customer Service contact at the main office that can be reached during standard business hours to assist when the need arises. Page 16 ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERITY CITY OF ROUND ROCK, TEXAS REQUEST FOR PROPOSALS CLAY MADSEN RECREATION CENTER FITNESS EQUIPMENT RENTAL RFP No. 11-003 Addendum No. 1 Date of Addendum: January 6, 2011 Please note the questions and answers, revisions or additions to the solicitation referenced above. 1. Q: Are the serial numbers available on the City's trade-in equipment to assist in better evaluating its market value? A: See ADDENDUM A attached. Please also use this fist as a current inventory of what the weight room currently houses. 2. Q: What is the City's desired delivery date of equipment? A: As soon as possible upon award of contract with close coordination with the City's Project Administrator to avoid long closure times for members. 3. Q: What is the City's desired maintenance schedule? A: Currently the City is scheduled for quarterly maintenance. Respondents shall recommend a schedule they feel is optimum for the City and the equipment proposed. 4. Q: How should the maintenance cost be presented in the proposal? A: Present the annual maintenance cost separately for each category of equipment recommended. Cost proposal should be clear and easy to understand. 5. Q: Does the proposal need to fit within the recommended 12 pages? A: Yes. Dividers do not count toward the 12 page guideline. 6. 0: Does the City desire ADA compliant equipment? A: Yes. Proposed equipment and floor pian should meet ADA requirements. 7. 0: Are multiple proposals acceptable from the same vendor? A: Yes. Submit each under separate cover. Approved by Joy Bagged, Purchaser By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED Mn.r&44'or17,A-r -S5 Vendor Authorized Signature /V//1 Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. ATTACHMENT A ADDENDUM #1 RFP #11-003 CURRENT CMRC Equipment for Removal Cardio Equipment: Equipment Type Brand Model # Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill True S50 Treadmill True 850 Treadmill True CS6.0 Treadmill True CS6.0 Stair Stepper Nautilus Sm 916 Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 546i Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness. 95Ri Stationary Bike LifeFitness 95Ri Strength Equipment: Equipment Type Brand Model or Part Number Row Machine Cybex Part Number 4520-91 Dual Axis Pull Down Cybex Part Number 4515-91 Nitro Incline Press Nautilus S3IPXX080027 Shoulder Press Cybex Basix Bodymasters Cybex Part Number 4527-91 XB 960 Part Number 4820-91 Chest Press Arm Curl Leg Extension Cybex Part Number 4611-91 Nitro Leg Press Nautilus S3LPXX080031 Leg Curl Cybex Nautilus Part Number 4626-91 Nitro Hip Abduction/Adduction Nitro Rotating Torso Nautilus Abdominal Paramount Model Number ap-3200 Cable Crossover BodyMasters SKU: 00013192/91 Chin up/Dip Paramount Model AP 4000 Lower Back Paramount Model AP 3300 Smith Machine Cybex Paramount Part Number 5341-91 Model Number PFW 7700A Smith Machine Preacher Curl Bench Paramount Model PFW 500403023 Ab Board Cybex Part Number 5208Y083 Leg Press Paramount SSUPB016 Back Extension Benches (2) 45 lb plates (21) Plates located on Leg Press & Smith Machines 35 Ib plates (10) Plates located on Leg Press & Smith Machines 25 Ib plates (14) Plates located on Leg Press & Smith Machines 10 Ib plates (13) Plates located on Leg Press & Smith Machines 5 Ib plates (17) Plates located on Leg Press & Smith Machines 2.5 Ib plates (6) Plates located on Leg Press & Smith Machines r•f{f -' ROUND ROCK. TEXAS PORPOST Pa.CSIo ( PROSPFRITI: CITY OF ROUND ROCK, TEXAS REQUEST FOR PROPOSALS CLAY MADSEN RECREATION CENTER FITNESS EQUIPMENT RENTAL RFP No. 11-003 Addendum No. 2 Date of Addendum: January 10, 2011 Please note the questions and answers, revisions or additions to the solicitation referenced above. 1) Please be aware that the floor plan and dimensions issued with the original solicitation document did not provide the dimensions of the free -weight portion of the room. An updated drawing is herein made a part of this addendum as ATTACHMENT A and also made a part of the solicitation specifications. The added dimensions provide for approximately 13'5" x 28'10" of additional floor space. 2) The changed specification may affect the respondent's submittal. Therefore the DUE DATE of the responses has been EXTENDED to: Approved by JANUARY 18, 2011 by 3:00 pm City of Round Rock, Council Chambers 221 E. Main Street Round Rock, TX 78664 Joy Baggott, Purchaser By the signatures affixed below, Addendum No. 2 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED �a►�-�,o� h-�4Y,e.ss Vendor Authorized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. ATTACHMENT A as iao isiouvana 1 co cc),. Cita r 4 col 7- ROUND ROCK. TEXAS i64T1'092 P=S! C'Q PE(SPER1f r. CITY OF ROUND ROCK, TEXAS REQUEST FOR PROPOSALS CLAY MADSEN RECREATION CENTER FITNESS EQUIPMENT RENTAL RFP No. 11-003 Addendum No. 3 Date of Addendum: January 14, 2011 Please note the questions and answers, revisions or additions to the solicitation referenced above. 1) Two additional City departments are seeking to rent or purchase fitness equipment. Policy requires that this solicitation include these additional specifications into RFP#11-003. A revised Cost Proposal Sheet is herein made a part of this solicitation to accommodate these items. ATTACHMENT F and G are herein made a part of this solicitation to specify the equipment schedule. Equipment removal and trade-in is not a part of the scope of work for ATTACHMENT F and G. 1.1 Police Department Address: 2701 N. Mays Round Rock, TX 78665 1.2 Fire Department Address: 203 Commerce Blvd. Round Rock, TX 78664 2) The revised Cost Proposal Sheet has been modified to allow respondents to provide the rental price and also a cash purchase price. Please provide both. The City can then weigh the benefits of each purchase method. 3) The DUE DATE of the responses has been extended to: JANUARY 25, 2011 by 3:00 pm City of Round Rock, Council Chambers 221 E. Main Street Round Rock, TX 78664 4) Page count permitted for responses shall be increased from 12 to 18. Approved by Jf Joy Bagg'ett, Purchaser By the signatures affixed below, Addendum No. 3 is hey incorporated into and made a part of the above referenced solicitation. KNOWLEDGED a - or, {;-des s ' .d 1-1 g- X11 Vendor Authorized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. 00 REQUEST FOR PROPOSAL (RFP) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 RESPONSES ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE SOLICITATION FACSIMILE RESPONSES OPENING TIME. SHALL NOT BE ACCEPTED INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas. 78664-5299 SHOW OP ENING DATE& BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED ENVELOPE& SHOW RETURN ADDRESS OF RESPONDING FIRM. SOLICITATION INFORMATION: NUMBER 11-003 OPENING DATE: 1/25/2011 3:00 P.M. SUBMITTAL 221 E. Main Street, Council Chambers, LOCATION: Round Rock, TX 778664 RETURN SIGNED ORIGINAL AND FOUR COPIES OF BID RESPONDENT SHALL SIGN BELOW Failure to sign will disqualify submittal. Authorized Signature Date Print Name DESTINATION: See 1.7 of Bidding Instructions on page 2 City of Round Rock Various City owned facilities as per attached Solicitation #11-003. TAX ID NO.: LEGAL BUSINESS NAME: ADDRESS: ADDRESS: CONTACT: TELEPHONE NO.: BUSINESS ENTITY TYPE: "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." By submitting a response to this solicitation, the Respondent agrees that the City's current Standard Definitions, Terms and Conditions shall govern unless specifically provided otherwise in a separate agreement. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. A current draft of the City's Definitions, Terms and Conditions can be obtained from the City's website at http://www.roundrocktexas.gov/home/index.asp?page=462. The City's current Insurance Requirements shall also apply and can be located at the same website address. This is for the Rental of Fitness Equipment in accordance with Solicitation #11-003. ' `k'I : IwCQST PROPOSAL SkIgET & QUIPIOENT,S,CHEDUL = t ; , . u 1r4; :; P ATTACHMENT8 ITEM # , _ CLASS & ITEM - DESCRIPTIONN . - L COSTTO RENT x 3 EXTENDED CAS� k THREE FEAR PUC SE COST TO TRADE N COST TO RENTw .T -4,�' L��'�; INSTALL,, % E ,)•a, -TOTAL-. ATTACHMENT GROUP#1 RENTAL 805-57 Cardio Training Equipment Per Attached Equipment p S ecifications ATTACHMENT GROUP R RENTAL 805-57 Strength Training Equipment Per Attached Equipment Specifications ATTACHMENTC GROUP #3 RENTAL 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT D GROUP 4 RENTAL 805-57 Miscellaneous Equipment Per Attached Equipment ment Sp ecifications ATTACHMENT F GROUP 3 RENTAL 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT G GROUP #4 RENTAL 805-57 Miscellaneous Equipment Per Attached Equipment Specifications Project Total - RENTAL Project Total - PURCHASE Delivery in Days • ATTACHMENT E GROUP #5 805-57 Trade -In Value of Existing Equipment Per Attached Equipment Schedule aGOST PROPOSAlaHEET JCIUIPMENT Sca5DUL __ ' __ _ _ ..I ATTACHMENT 8 .. .^.ITEM # : CLASS 8 ITEM , . . , DESCRIPTION .,' CO 0�, na EXTENDED Il ' E� �,,,,,,, CASH PURCHASE , ' PRICE"I``INSTALL COST, TO 'T TOTAL . lh'� ' lT ATTACHMENT PUROCHASE 805-57 Cardio Training Equipment Per Attached Equipment Specifications ATTACHMENT B GROUP#2 PURCHASE 805-57 Strength Training Equipment Per Attached Equipment Specifications ATTACHMENT C GROUP #3 PURCHASE 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT D GROUP S4 PURCHASE 805-57 Miscellaneous Equipment Per Attached q p p E ui ment Specifications ATTACHMENT F GROUP #3 PURCHASE 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT G GROUP #4 PURCHASE 805-57 Miscellaneous Equipment Per Attached Equipment Specifications Project Total - PURCHASE Delivery in Days • ATTACHMENT E GROUP #5 805-57 Trade -In Value of Existing Equipment Per Attached Equipment Schedule BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly Identified. See instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified will be retumed to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govem. Bids subject to unlimited price increase will not be considered. 1.6 Bid prices shall be firrn for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be considered In determining the low bid. All cash discounts offered will be taken if eamed. 1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name of entity and Tax Identification Number (Tin). 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or any part of bid, waiveminor technicalities and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid, bidder will be required to fumish brand names, numbers, etc, as specified in the IFB. 2.2 All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise Indicated in IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be retumed to the bidder, on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. (See 4.2 following.) 4.2 If delay is foreseen, contractor shail give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City advised at all times of status of order. Defauk In promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be borne by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be retumed to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies. S. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10. BIDDER AFFIRMATION: • 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that 10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor, or service to a public servant in connection with the submitted bid. 10.3 The bidder is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial 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. 10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB. 11. NOTE TO BIDDERS: Any terms and condftions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such terms and conditions may result In disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, etc.) The City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, all bidders affirmations and certifications must be included. Submission of bids on fomes other than City bid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date. PAGE 1 of 1 REV: 04-04-05 ROUND. ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT F Equipment Schedule - Fire Department Equipment Example Leg Press Programmable Treadmill 120v Equipment Proposed ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT G Equipment Schedule - Police Department Equipment Example Equipment Proposed Power Rack Programmable Treadmill 120v Lower Body, Self Powered Elliptical Trainer Seated Multi-purpose Bench Calf Platform Olympic Barbell Bar REQUEST FOR PROPOSAL (RFP) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 RESPONSES ARE DUE TO THE PURCHASING OFFICE AT THE ABOVE ADDRESS BEFORE SOLICITATION OPENING TIME. INVOICE TO: City of Round Rock Accounts Payable 221 East Main Street Round Rock, Texas 78664-5299 FACSIMILE RESPONSES SHALL NOT BE ACCEPTED SHOW OPENING DATE BID NUMBER IN LOWER LEFT HAND CORNER OF SEALED ENVELOPE S. SHOW RETURN ADDRESS OF RESPONDING FIRM. SOLICITATION INFORMATION: NUMBER OPENING DATE: SUBMITTAL LOCATION: 11-003 1/11/2011 3:00 P.M. 221 E. Main Street, Council Chambers, Round Rock, TX 778664 RETURN SIGNED ORIGINAL AND ONE COPY OF BID RESPONDENT SHALL SIGN BELOW Failure to sign will disqualify submittal. Authorized Signature Date DESTINATION: See 1.7 of Bidding Instructions on page 2 City of Round Rock Various City owned facilities as per attached Solicitation #11-004. TAX ID NO.: LEGAL BUSINESS NAME: ADDRESS: ADDRESS: CONTACT: TELEPHONE NO.: BUSINESS ENTITY TYPE: "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." By submitting a response to this solicitation, the Respondent agrees that the City's current Standard Definitions, Terms and Conditions shall governunlessspecifically provided otherwise in a separate agreement. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. A current draft of the City's Definitions, Terms and Conditions can be obtained from the City's website at http://www.roundrocktexas.gov/home/index.asp?page=462. The City's current Insurance Requirements shall also apply and can be located at the same website address. This is for the Rental of Fitness Equipment in accordance with Solicitation #11-003.• ��,;� � � � fle x. -�� 5' I a.; -a � ��COST�P�20pOSAlSHEET +8 EQUIPMENT SC�II�EDULE ' � ° f^ auk yg 44 A l � ��1�3u ATTAC MENT & ' Y -„ ITEM # „ >. { , CLASS & ITEM ` a t , '. r� „,,��;�k > a” ,4 DESCRIPTION . ANNUAL COST .'TO RENT EXTENDED THREEYY R 'COST TO .. RENT I_ _ qb ,, �* COST TO ', < INSTALL 4;` 3'fx„.� DE- E h TOTAL - ATTACHMENT A GROUP #1 805-57 Cardio Training Equipment Per Attached Equipment Specifications .`: ATTACHMENT B GROUP #2 805-57 Strength Training Equipment Per Attached Equipment Specifications ATTACHMENT C GROUP #3 805-57 Free Weight Equipment Per Attached Equipment Specifications ATTACHMENT D GROUP #4 805-57 Miscellaneous Equipment Per Attached Equipment Specifications ATTACHMENT E GROUP #5 805-57 Trade -In of Existing Equipment Per Attached Equipment Schedule ( ) Delivery in Project Total Days BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and properly identified. See Instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified will be returned to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specked on the IFB. 1 otherwise, show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price increase will not be considered. 1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be considered in determining the low bid. All cash discounts offered will be taken if eamed. 1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind signatories firm in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following: • Individual, Partnership, Sole Proprietorship, EstatelTrust, Corporation, Governmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP; List legal name followed by legal business name and Social Security Number. ALL OTHERS; List legal name of entity and Tax Identification Number (Tin). 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid, bidder will be required to furnish brand names, numbers, etc, as specified in the IFB. 2.2 All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be returned to the bidder, on request, at bidder expense. Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated 1n the IFB. 3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. (See 4.2 following.) 4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be retumed to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB Bids do not become contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all bid lists. By signature hereon affixed, the bidder hereby certifies that 10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor, or service to a public servant in connection with the submitted bid. 10.3 The bidder is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial 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. 10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB. 11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, etc.) The City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, all bidders affirmations and certifications must be included. Submission of bids on forms other than City bid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date. PAGE 1 of 1 REV: 04-04-05 SOLICITATION NUMBER 11-003 SPECIFICATION NUMBER 11-805-57 December 7, 2010 CITY OF ROUND ROCK REQUEST FOR PROPOSALS FOR CLAY MADSEN RECREATION CENTER FITNESS EQUIPMENT RENTAL PART I GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks to contract with a qualified fitness equipment supplier to rent, deliver, install and maintain a complete inventory of commercial grade gym equipment for the Clay Madsen Recreation Center (CMRC) weight room. 2. BACKGROUND.: The CMRC currently lists 2,839 members with an average of 300 users per day accessing the weight room. Historically, the City's Parks and Recreation Department has owned and maintained the CMRC fitness equipment. With the goal of eliminating the maintenance expense and administration, and providing the CMRC members with new equipment on a regular basis, the City seeks to enter into a rental arrangement for said equipment. Additionally, the City seeks to continue to provide the CMRC members with top quality fitness equipment for cardiovascular exercise and apparatus for training each muscle group. With this goal in mind, equipment is being listed herein as examples to establish the City's minimum critical requirements. 3. PROJECT BUDGET: The total rental budget for the facility's equipment shall be based on the necessary equipment required to meet the City's critical requirements and fill the available square footage of the CMRC fitness area, just over 2,400 square feet. A floor plan of the weight room is made a part of this solicitation and is herein ATTACHMENT F. All pieces of specified equipment, equipment delivery, installation and maintenance of each shall be within the proposed amount and specified rental timeline. 4. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's current standard Definitions, Terms and Conditions shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's current Definitions, Terms and Conditions can be obtained from the City's website at htto://www.roundrocktexas.qov/home/index.asp?page=462. 5. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the City's current draft of Insurance Requirements as identified on the City's website at http://www.roundrocktexas.gov/home/index.asp?page=462. 6. CLARIFICATION: For questions or clarification of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 ibaggett(a.round-rock.tx. us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or 1 of 6 SOLICITATION NUMBER 11-003 SPECIFICATION NUMBER 11-805-57 December 7, 2010 alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Division. PART II INSTRUCTIONS 1. PROPOSAL SCHEDULE: It is the City's intention to comply with the following proposal timeline: 1.1 Request for Proposals released December 10, 2010 1.2 Pre -Proposal conference December 28, 2010 2:00 PM Clay Madsen Recreation Center Lobby 1600 Gattis School Rd Round Rock, TX 78664-7013 1.3 Deadline for questions 1.4 City responses to all questionstaddendums 1.5 Responses for solicitation due by 3:00 p.m. 1.6 Oral Presentation (if necessary) 1.7 Award to Respondent December 30, 2010 January 6, 2010 January 11, 2010 February 1 — February 15, 2010 March 1, 2010 The City reserves the right to modify these dates at any time with appropriate notice to all prospective Respondents. 2. PROPOSAL DUE DATE: Signed and sealed proposals are due no later than 3:00 p.m. on the date noted above to the Purchasing Department. Mail or carry sealed proposals to: City of Round Rock Purchasing Office 221 E. Main Street Round Rock, Texas 78664-5299 2.1 Proposals received after this time and date will not be considered. 2.2 Sealed proposals shall, be clearly marked on the outside of packaging with the solicitation title, number, due date and "DO NOT OPEN". 2.3 Facsimile or electronically transmitted proposals are not acceptable. 2.4 Late proposals shall be returned to Respondent unopened if return address is provided. 3. PRE -SOLICITATION MEETING AND SITE VISIT: The City shall conduct a site inspection of the specified locationifor all interested Respondents to familiarize them with the site specifications, conditions, difficulties and restrictions and to give all potential Respondents an opportunity to ask questions they may have concerning this solicitation. 3.1 Meeting date, time and location: December 28, 2010 2:00 PM Clay Madsen Recreation Center Lobby 1600 Gattis School Rd Round Rock, TX 78664-7013 2 of 6 SOLICITATION NUMBER 11-003 SPECIFICATION NUMBER 11-805-57 December 7, 2010 4. QUALIFICATIONS: The opening of a solicitation shall not be construed as the City's acceptance of such Respondent as qualified and responsive. All Respondents shall: 4.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 4.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 4.3 Identify any subcontractors to be used for this project. Experience, qualifications and references of the sub respondents shall be submitted. The City reserves the right to approve or disapprove all sub respondents prior to any work being performed. 5. BEST VALUE EVALUATION AND CRITERIA: Respondents may be required to make an oral presentation to the selection team to further present their qualifications. These presentations shall provide the Respondent the opportunity to clarify their proposal and ensure a mutual understanding of the services to be provided and the approach to be used. All proposals received shall be evaluated based on the best value for the City. In determining best value, the City may consider the following: 5.1 Purchase price and terms; 5.2 The total long-term cost to the City to acquire the Respondent's goods or services; 5.3 Reputation of Respondent; 5.4 Experience, qualifications and quality of the Respondent's goods and services; 5.5 The extent to which the goods and services meet the City's needs; 5.6 Respondent's past relationship with the City; 5.7 Any relevant criteria specifically listed in the solicitation. 6. CONTRACT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process, the City may: 6.1 Review all proposals and determine which Respondents are reasonably qualified for award of the contract. 6.2 Determine the Respondent whose submittal is most advantageous to the City considering the evaluation criteria. 6.3 Attempt to negotiate with the most responsive Respondent a contract at fair and reasonable terms, conditions and cost. 6.4 If negotiations are successful, enter into a contract or issue a purchase order. 6.5 If not successful, formally end negotiations with that Respondent. The City may then: 6.5.1 Select the next most highly qualified Respondent and attempt to negotiate a contract at fair and reasonable terms, conditions and cost with that Respondent. 6.5.2 The City shall continue this process until a contract is entered into or all negotiations are terminated. 6.6 The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most advantageous, or to waive any irregularities or informalities in the submittal received. 6.7 Split awards may be made at the sole discretion of the City. 3 of 6 SOLICITATION NUMBER 11-003 SPECIFICATION NUMBER 11-805-57 December 7, 2010 PART III SPECIFICATIONS 1. SCOPE OF WORK: The City of Round Rock, herein after "City", seeks to contract with a qualified fitness equipment supplier to rent, deliver, install and maintain a complete inventory of commercial grade gym equipment for the Clay Madsen Recreation Center (CMRC) weight room. 2. CRITICAL REQUIREMENTS: The City seeks to continue to provide the CMRC members with top quality fitness equipment for cardiovascular exercise and apparatus for training each muscle group. With this goal in mind, an equipment schedule is being provided herein, ATTACHMENTS A -D, to establish the City's minimum critical requirements. All scheduled equipment shall be proposed for a rental period of three (3) years. Respondent shall provide at a minimum: 2.1 Olympic standard weight calibration. 2.2 Dumbbells; barbells and plates shall feature Urethane coating. 2.3 Plates with easy grip design. 2.4 Pound and kilo weight indications with easy -to -read numbers. 2.5 Equipment for safe and effective cardiovascular exercise. 2.6 Equipment for safe and effective exercise of each muscle group. 2.7 Equipment design and floor layout in compliance with the revised Americans with Disabilities Act (ADA) Regulations Implementing Title II and Title III published in the Federal Register September 15, 2010. 3. DELIVERY AND INSTALLATION: Respondent shall provide cost proposal for: 3.1 Freight and delivery to CMRC fitness area of specified equipment in new condition and ready for continued use. 3.2 All materials, product and labor for delivery, unpacking and installation services necessary for the complete fitness center package specified. 3.3 Any equipment that is delivered in damaged or non -working condition shall be removed and replaced within 72 hours. 3.4 All equipment set-up and acceptance testing coordination with City's Project Administrator within 24 hours of installation. 3.5 Removal and disposal of all associated rubbish. 3.6 Final site clean-up. 4. MAINTENANCE AGREEMENT: Respondent shall provide detailed outline of services for all scheduled and unscheduled maintenance of proposed equipment on an annual basis to be included in cost proposal. Agreement shall specify response times for service calls. 5. EXISTING EQUIPMENT REMOVAL & TRADE-IN: Respondent shall provide a trade-in value on existing CMRC equipment, herein ATTACHMENT E. Trade-in shall include the removal said equipment from the site. 6. PROPOSAL SUBMISSION REQUIREMENTS: To achieve a uniform review process and obtain the maximum degree of comparability, the proposals shall be organized in the manner specified 4of6 TAB #1 TAB #2 TAB #3 TAB #4 TAB #5 TAB #6 TAB #7 TAB #8 SOLICITATION NUMBER 11-003 SPECIFICATION NUMBER 11-805-57 December 7, 2010 below. Proposals shall not exceed twelve (12) pages in length (excluding title pages(s) and index/table of contents, or dividers). Information in excess of those pages allowed shall not be evaluated. One page shall be interpreted as one side of a double-spaced, printed, 8'/" X 11" sheet of paper. Submit one (1) unbound original and four (4) bound copies of proposal. It is recommended that proposals not be submitted in ringed binders or metal spirals to conserve cost for both the Respondent and the City. Once submitted the proposals become the property of the City. 6.1 Title Page (1 page) — Show the solicitation title and number, the name of your firm, address, telephone number(s) name of contact person and date. 6.2 Letter of Transmittal (1 page) — Identify the solicitation project for which proposal has been prepared. 6.2.1 Briefly state your firms understanding for the services to be performed and make a positive commitment to provide the services as specified. 6.2.2 Provide the name(s) of the person(s) authorized to make representations for your firm, their titles, address, telephone numbers and e-mail address. 6.2.3 The letter of each proposal shall be signed in permanent ink by a corporate officer or other individual who has the authority to bind the Respondent. The name and title of the individuals(s) signing the proposal shall be clearly shown immediately below the signature. 6.3 Table of Contents (1 page) — Clearly identify the materials by Tab and Page Number. 6.4 . Proposal Submission Form — Complete and signed. 6.5 Previous Performance/Experience — Provide detailed information on the company and experience with providing fitness equipment and installation services as described in the Scope of Work. 6.4.1 Provide at least three references for which your company has provided the same or similar services. Include a point of contact, current telephone number, e-mail and a brief description of the services provided. Any negative responses received may result in disqualification from consideration for award. Failure to include references with submittal may result in disqualification from consideration for award. 6.5 Delivery Coordination Plan — Respondent shall provide a detailed method and schedule of the complete installation as per the specifications contained herein. 6.6 Fitness Area and Equipment Layout — Respondent shall provide a recommended layout solution for the fitness area per ATTACHMENT F herein. 6.7 Cost Proposal — Respondent shall include a cost proposal to provide rental, delivery, installation, training and maintenance services as described herein. 6.8 Maintenance Proposal — Respondent shall furnish outline for both scheduled and unscheduled maintenance of all equipment for the time frames indicated. Outline shall provide response times to critical issues. 7. DELIVERABLES REQUIRED UPON AWARD: The successful Respondent shall be responsible for, but not limited to providing the fitness equipment and installation of as described herein as well as: 7.1 Operating and safety instructions for all equipment. 7.2 Contact information for scheduled and unscheduled maintenance. 5 of 6 SOLICITATION NUMBER 11-003 SPECIFICATION NUMBER 11-805-57 December 7, 2010 8. EXAMINATION OF EQUIPMENT AND ACCEPTANCE: The quality of material delivered to the CMRC location shall be to the satisfaction of the Project Administrator. All equipment shall pass acceptance testing at the sole discretion of the Project Administrator. The Project Administrator shall verify that unit(s) are complete, tested and ready for continued use. With that determination payment can be issued for the rental agreement. The City shall have 30 days to utilize and test equipment with the option to terminate rental agreement with no penalty. 9. NOTIFICATION: The Project Administrator must be notified a minimum of 24 -hours in advance of beginning installation. 11. PROJECTADMINSTRATOR: All work performed shall be supervised and verified by the City representative(s) noted below. Mary Hemenes Office: (512) 341-3383 mhemenes(cDround-rock.tx.us •6of6 d L v c CD y of 2 ATTACHMENT A Cardio Training Equipment Schedule 0 0 0. O L a 0. s w Equipment Example ROUND ROCK, TEXAS F iflOW PASSION 1'ROSPLRU Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT B Strength Training Equipment Schedule Equipment Example 45 Degree Hyperextension Bench AB -X Abench - Titanium Frame/Black Upholstery Seated Preacher Curl Superbench (Flat/Adj. Incline) Adjustable Decline Bench Plate Loaded Angled Leg Press Smith Machine, Counterbalanced Crossover -Adjustable Pulleys Vertical Plate Tree Chest Press (260 lbs) Shoulder Press (215 lbs) Longpull w/Shroud C -Line Seated Row (260 lbs) C -Line Abdominal (215 lbs) C -Line Leg Press (425 lbs) C -Line Seated Leg Curl (260 lbs) C -Line Leg Extension (260 lbs) C -Line Inner Thigh (215 lbs) C -Line Outer Thigh (215 lbs) C -Line Bicep Curl (170 lbs) C -Line Seated Dip (260 lbs) Stretchtrainer Olympic Chrome Curl Bar Olympic Spring Collars, Pair Equipment Proposed ROUND ROCK, TEXAS PIIRPOSL PASSION. PROSPC1411X Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT C Free Weight Equipment Schedule Equipment Example (12) 45 Ib Urethane Olympic Plates (12) 25 Ib Urethane Olympic Plates (12)10 Ib Urethane Olympic Plates (8) 5 Ib Urethane Olympic Plates (6) 2.5 Ib Urethane Olympic Plates Equipment Proposed `ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPrRrrY. Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT D Miscellaneous Equipment Schedule Equipment Example E• ui • ment Pro • osed XTV 900 MHZ Wireless Cardio Theater Single Channel 900 MHz Transmitter (includes 6ft. length of audio patch cable) xTV Receivers 900 MHz i ROUS. ND ROCK, TEXAS rLRPOsr PNssIoN. rposrcR}TY Solicitation #11-003 Request for Proposals for Clay Madsen Recreation Center Fitness Equipment Rental ATTACHMENT E Trade -In Equipment Schedule Cardio Equipment Schedule Available for Trade - Equipment Type Brand • Model # Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill LifeFitness 93T Treadmill TRUE 850 Treadmill TRUE 850 Treadmill TRUE CS6.0 Treadmill TRUE CS6.0 Stair Stepper Nautilus Sm 916 Elliptical Precor EFX 554i . Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 554i Elliptical Precor EFX 546i Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Stationary Bike LifeFitness 95Ri Trade In Value Strength Equipment Schedule Available for Trade -In Equipment Type Brand Model or Part Number Row Machine Cybex Part Number 4520-91 Dual Axis Pull Down Cybex Part Number 4515-91 Nitro Incline Press Nautilus S3IPXX080027 Shoulder Press Cybex Part Number 4527-91 Chest Press Basix Bodymasters XB 960 Arm Curl Cybex Part Number 4820-91 Leg Extension Cybex Part Number 4611-91 Nitro Leg Press Nautilus S3LPXX080031 Leg Curl Cybex Part Number 4626-91 Nitro Hip Abduction/Adduction Nautilus Nitro Rotating Torso Nautilus Abdominal Paramount Model Number ap-3200 Cable Crossover BodyMasters SKU: 00013192/91 Chin up/Dip Paramount Model AP 4000 Lower Back Paramount Model AP 3300 Smith Machine Cybex Part Number 5341-91 Smith Machine Paramount Model Number PFW 7700A Preacher Curl Bench Paramount Model PFW 500403023 Ab Board Cybex Part Number 5208Y083 Leg Press Paramount SSUPB016 Back Extension Benches (2) 45 lb plates (21) Plates located on Leg Press & Smith Machines 35 lb plates (10) Plates located on Leg Press & Smith Machines 25 lb plates (14) Plates located on Leg Press & Smith Machines 101b plates (13) Plates located on Leg Press & Smith Machines 5 lb plates (17) Plates located on Leg Press & Smith Machines 2.5 lb plates (6) Plates located on Leg Press & Smith Machines Total Trade -In Value RECREATION z 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 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 6. WORKERS COMPENSATION INSURANCE 6.1. 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. 6.1.1. 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. 6.1.2. 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. 6.2. 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. 6.3. 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. 6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 6.5. If the coverage period shown on the CONTRACTORS 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. 6.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 6.6.1. 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 6.6.2. 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. 6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 6.8. 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. 6.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, infomiing 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. 6.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 6.10.1. 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; 6.10.2. 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; 6.10.3. 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; 6.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 6.10.3.1.1. 6.10.3.1.2. 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 6.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one year thereafter, 6.10.3.3. 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 6.10.3.4. 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. 6.10.3.5. 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. 6.10.3.6. 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