R-11-09-08-10D1 - 9/8/2011RESOLUTION NO. R -11-09-08-10D1
WHEREAS, the City of Round Rock has duly advertised for bids to purchase various sized
water meter boxes and matching lids, compatible with remote read meters, for use throughout the City,
and to purchase associated goods and services, and
WHEREAS, ACT Pipe and Supply has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of ACT Pipe and Supply, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Purchase of Water Meter Boxes From ACT Pipe and Supply, 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 8th day of September, 2011.
ATTEST:
;U -
SARA L. WHITE, City Secretary
O:Awdox\SCCIntsV0112V lug .MUNICIPALA00231599.DOC/rmc
ALAN MCGRAW, Mayor
City of Round Rock, Texas
Gwrlos ? Sal i 2- Mayo y'
CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF WATER METER BOXES
FROM ACT PIPE AND SUPPLY
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of water meter boxes, and for related goods and
services, referred to herein as the "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 ACT Pipe and Supply, whose offices
are located at 1400 Grand Avenue Parkway, Pflugerville, Texas, referred to herein as the
"Vendor." This Agreement supersedes and replaces any previous agreements between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires.to purchase various sized water meter boxes and matching lids,
compatible with remote read meters, for use throughout the City, and to purchase associated
goods and services, and City desires to purchase same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and
City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation
Number 11-026, Specification Number 11-890-40 revised May 2011; (b) Vendor's Response to
IFB; (c) 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:
00227087/jkg
This Agreement;
Purchaser's Response to IFB;
City's Invitation for Bid, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the govermnent
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, conunodities, or equipment.
F. Vendor means ACT Pipe and Supply, or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein; or until terminated or extended as provided herein.
B. The term of this Agreement shall be for three (3) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be renewed for two
terms of twelve (12) months each, with such renewal(s) to occur on or before the expiration date
of the preceding terns, and with such renewal(s) being absolutely predicated upon the express
written agreement of both parties. Such renewal(s) shall be 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 Iine 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://www.bls.gov/ppi/ppi dr.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.
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3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
No. 11-026, Specification No. 11-890-40 revised May 2011, and Response to IFB submitted by
Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes.
The intent of these documents is to formulate an Agreement listing the responsibilities of both
parties as outlined in the IFB and as offered by Vendor in its Response to the IFB.
The goods which are the subject matter of this Agreement are described in Exhibit "A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in fiill.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded .to•Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 INVOICES
All invoices shall include, at'aminimuni, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
govermnental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Govenunent Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271 102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
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8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Govermnent 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
Govermnent Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that causes the
payment to be late; or
B. 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
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
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12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached IFB No. 11-026 (including
all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City's representative(s) authorized to act in its behalf with regard to this Agreement is:
Rick Whisenant
City of Round Rock, Utility Inventory Specialist
910 Luther Peterson Place
Round Rock, Texas 78664
512-218-5570
rwhisenant@round-rock.tx.us
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified
goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it
will not be considered in the re -advertisement of the service and that it may not be considered in
future bids for the same type of work unless the scope of work is significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to Assurance"
section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
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17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITII LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terns of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
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21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to 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:
ACT Pipe & Supply
1400 Grand Avenue Parkway
Pflugerville, TX
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, .City and Vendor shall each select a mediator
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and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
such void provision shallbedeemed 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 to
he void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
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IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Rowed Rock, Texas ACT Pipe and Supply
By:
Printed Name:
Title:
Date Signed:
Attest:
By:
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
By:
Printed Names mkt w j -
Title: 5p1
Date Signed: 2'1 l5 zn 11
9
INVITATION FOR 81D (IFB)
CITY OF ROUND ROCK PURCHASING DEPARTMENT
221 E. Main Street
Round Rock, Texas 78664-5299
Solicitations are due to the Purchasing Office
at the above address by 3:OOpm, June 21, 2011
Show solicitation opening date & solicitation number in lower left hand
corner of sealed solicitation envelope with return address of responding firm.
Facsimile responses shall not be accepted
INVOICE TO:
CITY OF ROUND ROCK
ACCOUNTS PAYABLE
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664-5299
F.O.B. Destination. Freight prepaid and allowed unless
otherwise specified below
DESTINATION:
CITY OF ROUND ROCK
WATER LINE MAINTENANCE
910 LUTHER PETERSON
ROUND ROCK, TEXAS 78665
By the signature hereon affixed, the respondent
hereby certifies that neither the respondent nor the
entity represented by the respondent, or anyone acting
for such entity has violated the antitrust laws of this
State, codified in Section 15.01 et seq., Texas
Business and Commerce Code, or the Federal
antitrust laws, nor communicated directly or indirectly,
the response made to any competitor or any other
person engaged in such line of business."
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890.40
REVISED: MAY 2011
Solicitation Information: Water Meter Boxes
Solicitation Number:
Opening Date:
Opening Time:
Solicitation Location:
221 E. Main Street
Council Chambers
Round Rock, TX 78664
11-026
06(2112011
3:OOpm
Return signed one (1) original and three (3) copies of response
Respondent shall sign below
Failure to sign will dis
lify-r sponse
Autho ' ed Signa ure
Skip Saab
Print Name
(9•IIP•2O/l
Date
SEE 1.7 OF SOLICITATION INSTRUCTIONS
TAX ID NO.: 20332-8776
LEGAL BUSINESS NAME: ACT Pipe & Supply
ADDRESS: 1400 Grand Avenue Parkway Pflugerville, TX
CONTACT: Skip Spahn
TELEPHONE NO: 512-252-7030
BUSINESS ENTITY TYPE: Corporation
E-MAIL: sspahn@actpipe.com
Respondent agrees to comply with all conditions set forth In this solicitation.
SUPERSEDES SPECIFICATION
140.01-890-40-03: REVISED: MARCH 2005
EXHIBIT
SOLICITATION SHEET
ITEM
DESCRIPTION
O-ry
UNIT OF
MEASURE
MODEL
NUMBER
UNIT
PRICE
EXTENSION
1
SIZE A METER BOX
140
EA
OFW36C-12-1A
564.35
$9,009.00
2
SIZE B METER BOX
50
EA
DFW37C-12-1A
580.97
$4,048.50
3
SIZE C METER BOX
250
EA
DFW38C-14-
1BA
5115.74
828,935.00
4
SIZE 0 METER BOX
50
EA
DFW1730F-12-
IDA
S145.66
57,283.00
5
SIZE E METER BOX
50
EA
DFW65C-14-
IDCA
5152.37
37,618.50
TOTAL:
556.894.00
DELIVERY IN
7-10 DAYS
SUPERSEDES SPECIFICATION
140.01-890-40-03: REVISED: MARCH 2005
EXHIBIT
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
CITY OF ROUND ROCK
INVITATION FOR BID
WATER METER BOXES
PART I
GENERAL
1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified
Individual, Firm, or Corporation, hereafter referred to as "Respondent", to provide various sized
water meter. boxes and matching lids, compatible with remote read meters for use throughout the
City's water supply system.
2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, Terms and Conditions shall govem 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 Definitions, Terms and Conditions can be
obtained from the City's website http:l/www.roundrocktexas.00vlhomelindex.asn?page=463.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the
Insurance Requirements as identified on the City's website at
hip://www.roundrocktexas mov/homeli ndex.asp?nacre=463.
4. CLARIFICATION: For questions or clarification of specifications, you may contact:
Nora Randall, CPPB, CTPM, CTP
Purchasing Department
City of Round Rock
Telephone: 512-218-7068
nrandaii at 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
alterations accepted prior to solicitation opening without written approval of the City of Round Rock
through the Purchasing Department.
5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of
such as qualified and responsive. Ali Respondents shall:
5.1. Be firms, corporations, individuals or partnerships normally engaged in the sate and
distribution of commodity or provision of the services as specified herein.
5.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
5.3. Identify any subcontractors to be used for this project. Experience, qualifications and
references of the subcontractors shall be submitted. The City reserves the right to approve or
disapprove alt subcontractors prior to any work being performed.
5.4. Respondent shall employ a minimum of two qualified technicians. Service technicians shall
be fully qualified to work on the listed equipment and employed by the successful respondent
on the effective date of the agreement. Respondent shall verify that service personnel have
had training with a minimum of one year of "hands on" experience working on the listed
equipment.
SUPERSEDES SPECIFICATION
NO. 01-890 40-03: REVISED: MARCH 2005 1 of 8
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
5.5, Provide the name, address, telephone number and E-MAIL of at least three (3) firms
applicable to Municipal and/or Government projects that have utilized similar service for at
least (two) 2 years. References may be checked prior to award. Any negative responses
received may result in disqualification of submittal. NOTE: REFERENCE FORM
(ATTACHMENT A) PROVIDED. E-MAIL ADDRESSES ARE REQUIRED.
6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on
the best value for the City. In determining best value, the City may consider:
6.1. Purchase price and terms;
6.2. Reputation of Respondent.and of Respondent's goods and services;
6.3. Experience, qualifications and quality of the Respondent's goods and services;
6.4. The extent to which the goods and services meet the City's needs;
6.5. Respondent's past relationship with the City;
6.6. The total tong -term cost to the City to acquire the Respondent's goods or services;
6.7. Any relevant criteria specifically listed in the solicitation.
7. AGREEMENT TERM: The terms of the awarded agreement shall:
7.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month
periods from the effective date. The agreement may be renewed for two (2) additional
periods of time, not to exceed twelve (12) months each, provided both parties agree in writing
prior to the expiration of the current term.
7.2. The City reserves the right to review the respondents' performance at the end of each twelve
(12) month period and cancel all or part of the agreement(s) or continue the agreement(s)
through the next period.
7.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City
shall give written notice to the respondent of the deficiencies and the respondent shall have
thirty (30) days to correct such deficiencies. If the respondent fails to correct the deficiencies
with the thirty (30) days, the City may terminate the agreement by giving the respondent
written notice of termination and the reason for the termination.
7.4. If the agreement is terminated, for any reason, the respondent shall turn over all records, to
include but not be limited to the following: records of repairs, services, deliveries, and
replacement parts, to the City within fifteen (15) working days after completion of duties
contained in the agreement.
8. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be
considered based on the following:
8.1. The City may permit "unit price" adjustments upwardly or downwardly when correlated with
the price index specified herein. Unless otherwise indicated, the price index shall be the
specified index as published by the Bureau of Labor Statistics, Washington, DC 20212. The
baseline index shall be the index announced for the month in which the solicitations opened.
Unit prices may be adjusted for each renewal period and extension period in accordance with
changes in index.
8.2. Price adjustments for each renewal and extension periods will be based on the PPI:
http:l/www.bts.aovfppi/ppi dr.htm TABLE 3: Producer price indexes for selected stage -of -
processing groupings, seasonally adjusted [1982=100J.
8.2.1. The allowable percent change shall be calculated by subtracting the baseline index
from the index announced for the month in which the renewal option is exercised and
dividing the result by the baseline index.
SUPERSEDES SPECIFICATION
NO. 01-890-40-03; REVISED: MARCH 2005 2 of 8
SOLICITATION NUMBER
11.026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
8.2.1.1. A=Baseline index from the month in which the solicitations opened or the
month of the last approved price increase.
8.2.1.2. B=Current and/or latest baseline index
8.2.1.3. "B" minus "A", then divided by "A". Multiply sum by 10C% equals the
percent of the allowable price increase or decrease, C.
C=[(8-A)-A]x100%
8.2.2. The allowable percent change shall be rounded to the nearest one-hundredth of one
percent and shall be the maximum unit price adjustment permitted, except that the
vendor may offer price decreases in excess of the allowable percent change.
8.3. Price increase cannot exceed 25% for the total cost and term of the agreement.
8.4. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE.
8.4.1. Mail the price increase request to the designated City Contract Specialist a minimum
of 120 days prior to each renewal period. Vendor shall supply supporting
documentation as justification for each request.
City of Round Rock
Purchasing Department
ATTN: Contract Specialist
221 E. Main Street
Round Rock, Texas 78664-5299
8.4.2. Upon receipt of the request, the City reserves the right to either: accept the
escalation as supported by the appropriate price index and make change to the
purchase order within 30 days of the request, negotiate with the vendor or cancel the
purchase order if an agreement cannot be reached on the value of the increase.
PART II
SCHEDULE
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation
timeline:
1.1. Solicitation released May 27, 2011
1.2. Responses for solicitation due by 3:00 p.m. June 21, 2011
1.3. Award to Respondent by July 15, 2011
The City reserves the right to modify these dates. Notice of date change will be posted to the City
website.
2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 P.M., on the
date noted above to the Purchasing Department. Mail or carry sealed responses to:
City of Round Rock
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
2.1. Responses received after this time and date will not be considered.
2.2. Sealed responses 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 responses are not acceptable.
SUPERSEDES SPECIFICATION
NO. 01-890-40-03: REVISED: MARCH 2005 3 of 8
SOLICITATION NUMBER
11.026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
2.4, Late responses will be returned to Respondent unopened if return address is provided.
3. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss,
but not be limited to the following:
3.1. Provide City contact(s) information.
3.2. Identify specific goals and strategies to meet objectives.
3.3. Agreement terms, renewals, and extensions.
PART III
SPECIFICATIONS
1. SCOPE OF WORK: Provide water meter boxes in five (5) sizes to be used by water line
maintenance. Unit(s) furnished to these specifications shall meet or exceed all requirements
described herein. Single wall water meter boxes shall be used to house and protect various size
remote read water meters from damage due to, but not limited to, ground collapse or traffic
throughout the City's water supply system. Specifications cover only the general requirements as
to the performance and design criteria of the water meter box, as well as certain details to which the
successful respondent shall conform. Respondents shall be responsible for furnishing equipment
that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that
is designed for the intended application.
2. APPROVED PRODUCTS LIST: The water meter boxes listed have been pre -approved for
compatibility and durability. Respondents wishing to submit make and model of water meter boxes
not listed shall contact the City's Purchaser as identified in PART I, Paragraph 4, to arrange for
evaluation. Evaluations will take approximately five (5) business days. Please submit water meter
boxes for evaluation a minimum of ten (10) business days prior to the solicitation opening date.
Any evaluation request received for water meter boxes after the solicitation opening will not be
considered for award. Meter boxes currently pre -approved:
2.1. Size A Meter Box with Lid
Use with single service for 5/8, 3/4, & 1 -inch meters
MFR: DFW Plastics, Inc. Model No. DFW 36C-SBSM
2.2. Size B Meter Box with Lid
Use with single service for 5/8, 3/4, & 1 -inch meters
MFR: DFW Plastics, Inc. Model No. DFW 37C-SBSM
2.3. Size C Meter Box with Lid
Use with single service for 5/8, 3/4, & 1 -inch meters
MFR: DFW Plastics, Inc. Model No. DFW 38C-14-KSBSM
2.4. Size D Meter Box with Lid
Use with single service for 1-1/2 & 2 -inch meters
MFR: DFW Plastics, Inc. Model No. DFW 1730-12-BDSM
2.5. Size E Meter Box with Lid
Use with single service for 5/8, 3/4, & 1 -inch meters
MFR: DFW Plastics, Inc. Model No. DFW 65C-12-BDCIR
3. FUNCTIONAL REQUIREMENTS: The water meter box(es) shalt:
3.1. Be equipped with an all-purpose flange around the top perimeter to allow the box to be
installed in concrete, asphalt or other permanent material.
3.2. Have a crush resistant ribbing along the outside of the box and an earth retaining ring to help
prevent sinking or floating when installed in native soil.
SUPERSEDES SPECIFICATION
NO. 01-890-40-03; REVISED: MARCH 2005 4 of 8
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
3.3. Be engineered to withstand constricting ground pressures and withstand 20,000 pounds
vertical crush load.
3.4. Be lightweight to enable one person to quickly and efficiently install the box(es),
3.5. Be equipped with a skid resistant, plastic lid that securely and evenly sets inside the box and
shall not overlap the top edge of the box.
3.6. Have a minimum four -inch high pipe slot cut out(s).
4. DIMENSIONS: The water meter box(es) shall be rectangular in shape with the following
dimensions: NOTE: The size of water meter box will be identified on the solicitation.
4.1. SIZE A—Meter Box
TOP: 12-1/4"H x 12-3/4"W x 19"L
BASE: 10"W x 18-1/4"L
OPENING: 10"W x 15"L
4.2. SIZE B — Meter Box
TOP: 12"H x 14-3/4"W x 21"L
BASE: 11-5/16"W x 18-1/8"L
OPENING: 11"W x 18"L
4.3. SIZE C — Meter Box
TOP: 14-1/4"H x 21-1/4"W x 22"L
BASE: 17-1/4"W x 18"L
OPENING: 17"W x 18"L
4.4. SIZE D — Meter Box
TOP: 12"H x 17"W x 30"L
. BASE: 211W x 34"L
OPENING: 16-3/4"W x 29-3/4"L
4.5. SiZE E - Meter Box
TOP: 12-1/4"H x 12-3/4"W x 19"L
BASE: 10"W x 18-1/4"L
OPENING: 10'W x 15"L
5. PROPERTIES: The box shall be molded out of modified polyethylene material with the following
ASTM specifications:
PROPERTIES
ASTM TEST METHOD
MINIMUM TEST VALUE
Tensile strength @ Yield
D638
2300 psi
Ultimate Elongation (%)
D638
785
Density
D1505
0.932
Flexural Modulus
D790
73,000 psi
Deflection Temperature
D648
88c @ 66 psi
Melt Index (dg/min.)
D1238 Cond. E
5.0
UV Stabilizer
Yes
6. MANUALS: One set of manuals and documentation shall be supplied with each unit purchased
and shall provide complete and comprehensive information on all equipment, equipment
components and accessories, as supplied to comply with this specification.
SUPERSEDES SPECIFICATION
NO. 01-890-40-03; REVISED: MARCH 2005 5 of 8
INVITATION FOR BID (IFS)
CITY OF ROUND ROCK PURCHASING DEPARTMENT
221 E. Main Street
Round Rock, Texas 78664-5299
Solicitations are due to the Purchasing Office
of the above address by 3:00pm, June 21, 2011
Show solicitation opening date 8 solicitation number in lower left hand
corner of sealed solicitation envelope with return address of responding firm.
Facsimile responses shall not be accepted
INVOICE TO:
CITY OF ROUND ROCK
ACCOUNTS PAYABLE
221 EAST MAIN STREET
ROUND ROCK, TEXAS 76664-5299
F.O.B. Destination, Freight prepaid and allowed unless
otherwise specified below
DESTINATION:
CITY OF ROUND ROCK
WATER LINE MAINTENANCE
910 LUTHER PETERSON
ROUND ROCK, TEXAS 78665
By the signature hereon affixed, the respondent
hereby certifies that neither the respondent nor the
entity represented by the respondent, or anyone acting
for such entity has violated the antitrust laws of this
State, codified in Section 15.01 et seq., Texas
Business and Commerce Code, or the Federal
antitrust laws, nor communicated directly or indirectly,
the response made to any competitor or any other
person engaged in such line of business."
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
Solicitation Information: Water Meter Boxes
Solicitation Number: 11-026
Opening Date: 06/2112011
Opening Time: 3:00pm
Solicitation Location:
221 E. Main Street
Council Chambers
Round Rock, TX 78664
Return signed one (1) original and three (3) copies of response
Respondent shall sign below
Failure 10 sign solicitation will dis• u ' ponse
Autho ' ed Signa re
Skip Snahn
Print Name
Ce 140'26/1
Date
SEE 1.7 OF SOLICITATION INSTRUCTIONS
TAX ID NO.: 20332-8776
LEGAL BUSINESS NAME: ACT Pipe & Supply
ADDRESS: 1400 Grand Avenue Parkway PBugerville, TX
CONTACT: Skip Spahn
TELEPHONE NO: 512-252-7030
BUSINESS ENTITY TYPE: Corporation
E-MAIL: sspahn@actpipe_com
Respondent agrees to comply with all conditions set forth in this solicitation.
SUPERSEDES SPECIFICATION
NO. 01-890-40-03: REVISED: MARCH 2005 6 of 8
SOLICITATION SHEET
ITEM
DESCRIPTION
QTY
UNIT OF
MEASURE
MODEL
NUMBER
UNIT
PRICE
EXTENSION
1
SIZEAMETERBOX
140
EA
DFW36C-12-1A
$84.35
$9,009.00
2
SIZE BMETER BOX
50
EA
DFW37C-12-1A
680.97
$4,04850
3
SIZE C METER BOX
250
EA
i68C-14-
A
8115.74
528 935.00
4
SIZE D METER BOX
80
EA
DFW1730F-12-
1DA
5145.66
57,283.00
6
SIZE E METER BOX
50
EA
DFW65C-14-
5152.37
57,81850
TOTAL:
656.894.00
DELIVERY IN
7-10 DAYS
SUPERSEDES SPECIFICATION
NO. 01-890-40-03: REVISED: MARCH 2005 6 of 8
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-690.40
REVISED: MAY 2011
SOLICITATION INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. SOLICITATION REQUIREMENTS:
1.1 Responding requires pricing per unit shown and extensions. If trade discount is shotty on solicitation, it should be deducted and net line extensions shown.
Respondents guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB).
1.2 Solicitations shall be submitted on Solicitation Sheet. Each response shall be placed in a separate envelope completely and properly identified. Responses must be in
the Purchasing Department before the hour and date specified on the solicitation.
1.3 Late responses properly Identified will be returned to respondent unopened. Late responses will not be considered.
1.4 Respond F.O.B. destination, freight, prepaid. & allowed unless otherwise specified on the solicitation. If otherwise, show exact cost to deliver.
1.5 Response shag show unit price on quantity and unit of measure specified, extension and show total. In case of errors in extension, unit prices shall govern. Responses
subject to unlimited price increase trill not be considered.
1.6 Submitted prices shag be fimi for acceptance 30 days from solicitation opening date. "Discount from Usr responses are not acceptance unless requested. Cash
discount will not be considered in determining the low response. All cash discounts offered will be taken if eamed.
1.7 Responses shall give Tax Identification Number, full name and address of respondent Failure to sign will disqualify response. Person signing response shall show title
and authority to bind signatories firm in an agreement Firm name should appear on each page in the block provided In the upper right corner. Business Entity shag be
one (1) of the following: Individual, Partnership, Sole Proprietorship, EstatefTrust, 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 (RN).
1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent. No
response can be w th dravm ager opening time without approval of the CITY based on a written acceptable reason.
1.9 The City Is exempt from State Sou, Tax and Federal Excise Tax. Do not Include tax in response.
1.10 The City reserves the tight to accept or reject all or any pad of response, waive minor technicalities and award the response to best serve the interests of the City. Split
awards may be made al the sole discretion of the City.
1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or investigation for antitrust violations.
1.12 Telephone, facsimge, and electronically transmitted responses are not acceptable in response to the solicitation.
1.13 CAUTION: Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late, illegible,
incomplete, or otherwise non-responsive.
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used In the solicitation is descriptive only (not restrictive), and is used to indicate type and quality desired.
Responses on brands of like nature and quality twig 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, tilustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes
no exceptions to speahcetioris or reference data in response, respondent wilt be required to furnish brand names, numbers, etc., as specified in the sortation.
22 All Items on the solicitation shall be new, in first class condition. including containers suitable for shipment and storage, unless otherwise indicated in the solicitation.
Verbal agreements to the contrary MI 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 respondent. on request, at
respondent expense. Each example should be marked with respondents' name and address. City solicitation number and code. Do not enclose in or attach to response.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.
3. TIE RESPONSES: In case of tie responses, the award veil be made In accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Response shat show number of days required to place material in CiiVs designated location under normal conditions. Failure to state deliver time obligates respondent
to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet
delivery promises without valid reason may cause removal from Vendor fist. (See 4.2 following)
4.2 If delay is foreseen, Vendor shag give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised
at at 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 handing to defaulting Vendor.
4.3 No substitutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only, untess prior approval for late delivery has been obtained from the City, unless otherwise specified In the
solicitation.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all limes and places. Authorized City personnel shag have
from r510 anyar upplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken
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 suppler. Goods, which have been delivered and rejected In whole or in part, may, at the Cilys 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 AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the solicitation.
Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is
Issued. The agreement or purchase order shall be governed, construed, and interpreted under the Charter of the City and the laws of Slate of Texas. All agreements or
purchase orders are subject to the approval of the City Council or Manager.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice stowing the agreement or purchase oder number on all copes.
8. PATENTS AND COPYRIGHTS: The Respondent agrees to prated the City from daims involving infringements of patents or copyrights.
9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement. which arise under the
antitrust laws of the State of Texas. TX, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. RESPONDENT AFFIRMATION:
10.1 Signing the response with a false statement is a material breach of agreement and shag void the submitted response or any resulting agreements, and the Respondent
shag be removed from all Vendor fists. By signature hereon affixed, the respondent hereby certifies that
10.2 The respondent has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gill, ban, gratuity, special discount,
tip, favor, or service to a public servant in connection v41h the submitted response.
10.3 The respondent is not currently delinquent fn the payment of any debt owed the City.
10.4 Neither the respondent nor the firm, corporation, partnership, or any entity represented by the respondent, or anyone acting for such firm. corporation, or entity has
violated The antitmst laws of this State carded In Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly
or indirectly 11e response made to any competitor, or any other person engaged in such foo of business.
10.5 The respondent has not received compensation for partidpation in the preparation of the sped(eation for the sofuitaton.
11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the
response form WARNING: Such terns and conditions may result in disqualification of the response (e.g. responses with the laws of a state other than Texas requirements for
prepayment Limitations on remedies, etc) The City of Round Rock can only accept responses which contain all the terms and conditions of ks formal solicitation; in particular,
at respondents' affirmations and certifications must be Included. Submission or responses on forms other than City's ham may result In disqualification of your response.
12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number, codes, and opening dale.
SUPERSEDES SPECIFICATION
NO. 01-890-40-03; REVISED: MARCH 2005 7 016
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
ATTACHMENT A
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 11-026
RESPONDENT'S NAME: Skio Spahn DATE:
06.16.2011
Provide the name, address, telephone number and point of contact of at least three (3) firms applicable to
Municipal and/or Government projects that have utilized similar service for at least two (2) years.
References may be checked prior to award. Any negative responses received may result in
disqualification of solicitation.
I. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
Forman Austin Construction
Mark Scott
General manager
markscott1954@yahoo.com
PO Box 2380
Cedar Park, TX 78630
( 512 ) -94 400"4'5?9l0 Fax Number: ( 512 ) 733-7782
Keystone Construction
Larry Vinklarek
Project Manager
estimatingQkeystoneco nstruct.com
7100 Old Bee Caves Road
Austin, TX 78735
. 'v`d.p-@ 417hnL.angkY'uG� .CDM
( 512 ) 288.6437 Fax Number: ( slz ) 288-6439
Chase* Construction
Johnny Murrell
Superintendent
Johnny@chasco.com
PO Box 1057
Round Rock, TX 78880
( 512 ) 244-0600 &Aa_ tic( Fax Number: ( 512 ) 244-0489
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
SUPERSEDES SPECIFICATION
NO. 01-890-40-03; REVISED: MARCH 2005 8 of 8
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. *10D1.
Consider a resolution authorizing the Mayor to execute an "Agreement for Purchase of
Agenda Caption: Water Meter Boxes" with ACT Pipe and Supply.
Meeting Date: September 8, 2011
Department: Utilities and Environmental Services
Staff Person making presentation: Michael Thane, P.E.
Utilities Director
Item Summary:
This agreement is for the purchase of 540 various sized water meter boxes and matching lids, compatible with
remote read meters, for use throughout the City. These water meter boxes will be used by the City's Water Line
Maintenance Division to house and protect remote read water meters from damage due to ground collapse or
traffic throughout the City's water supply system.
This agreement is for three consecutive 12 -month periods with the option of renewing the agreement for an
additional two 12 -month periods.
Cost: $56,894
Source of Funds: Utility Fund
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENTS
FOLLOW
CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF WATER METER BOXES
FROM ACT PIPE AND SUPPLY
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of water meter boxes, and for related goods and
services, referred to herein as the "Agreement," is made and entered into on this the t't 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 ACT Pipe and Supply, whose offices
are located at 1400 Grand Avenue Parkway, Pflugerville, Texas, referred to herein as the
"Vendor." This Agreement supersedes and replaces any previous agreements between the
named parties, whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires,to purchase various sized water meter boxes and matching lids,
compatible with remote read meters, for use throughout the City, and to purchase associated
goods and services, and City desires to purchase same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and
City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 Dh:FINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation
Number 11-026, Specification Number 11-890-40 revised May 2011; (b) Vendor's Response to
1FB; (c) 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:
00227087/jkg
(3)
This Agreement;
Purchaser's Response to IFB;
City's Invitation for Bid, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the govermnent
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Vendor means ACT Pipe and Supply, or any of its successors or assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. Tbic Agreement shall be effective on the date it has been signed by both parties
hereto, and shall: remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for three (3) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be renewed for two
terms of twelve (12) months each, with such renewal(s) to occur on or before the expiration date
of the preceding term, and with such renewal(s) being absolutely predicated upon the express
written agreement of both parties. Such renewal(s) shall be 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://www.bls.gov/ppi/ppi dr.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.
2
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
No. 11-026, Specification No. 11-890-40 revised May 2011, and Response to IFB submitted by
Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes.
The intent of these documents is to formulate an Agreement listing the responsibilities of both
parties as outlined in the IFB and as offered by Vendor in its Response to the IFB.
The goods which are the subject matter of this Agreement are described in Exhibit "A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor,
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
3
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Goverrunent Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that causes the
payment to be late; or
B. 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
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
4
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all requirements as stated in the attached IFB No. 11-026 (including
all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City's representative(s) authorized to act in its behalf with regard to this Agreement is:
Rick Whisenant
City of Round Rock, Utility Inventory Specialist
910 Luther Peterson Place
Round Rock, Texas 78664
512-218-5570
rwhisenant@round-rock.tx.us
15.01 RIGHT TO ASSURANCE
Whenever either natty to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults hereunder and is a cause of City purchasing the specified
goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it
will not be considered in the re -advertisement of the service and that it may not be considered in
future bids for the same type of work unless the scope of work is significantly changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to Assurance"
section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
5
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties 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.
6
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to 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:
ACT Pipe & Supply
1400 Grand Avenue Parkway
Pflugerville, TX
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Vendor.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator
7
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
such 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 to
be void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a mariner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully
responsible for its delays or for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
8
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
ACT Pipe and Supply
By: By: .
Printed Name: Carp S -r. Satiyas Printed Name: .k‘ SFA H
Title: 5p1
Title: jKay- "Pa- -rf..41. -
Date Signed: 9 . 0. 1 1
Attest:
By:
Sara L. White, City Secretary
For City Approved as to Form:
By:
Stephan i Sleets, City Attorney
Date Signed: v.-1 1,15 \ za t 1
9
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING DEPARTMENT
221 E. Main Street
Round Rock, Texas 78664-5299
Solicitations are due to the Purchasing Office
at the above address by 3:00pm, June 21, 2011
Show solicitation opening date & solicitation number in lower left hand
corner of sealed solicitation envelope with return address of responding firm.
Facsimile responses shall not be accepted
INVOICE TO:
CITY OF ROUND ROCK
ACCOUNTS PAYABLE
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664-5299
F.O.B. Destination, Freight prepaid and allowed unless
otherwise specified below
DESTINATION:
CITY OF ROUND ROCK
WATER LINE MAINTENANCE
910 LUTHER PETERSON
ROUND ROCK, TEXAS 78665
By the signature hereon affixed, the respondent
hereby certifies that neither the respondent nor the
entity represented by the respondent, 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 taws, nor communicated directly or indirectly,
the response made to any competitor or any other
person engaged in such line of business."
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
Solicitation Information:
Water Meter Boxes
Solicitation Number: 11-026
Opening Date: 06/21/2011
Opening Time: 3:00pm
Solicitation Location:
221 E. Main Street
Council Chambers
Round Rock, TX 78664
Return signed one (1) original and three (3) copies of response
Respondent shaft sign below
Failure to sign solicitation will dis. u.Iify-r-sponse
Autho ' ed Signa ure
Skip Spahn
Print Name
(•10.2x/;
Date
SEE 1.7 OF SOLICITATION INSTRUCTIONS
TAX ID NO.: 20332-8776
LEGAL BUSINESS NAME: ACT Pipe & Supply
ADDRESS: 1400 Grand Avenue Parkway Pflugerville, TX
CONTACT: Skip Spahn
TELEPHONE NO: 512-252-7030
BUSINESS ENTITY TYPE: Corporation
E-MAIL: sspahn@actpipe.com
Respondent agrees to comply with all conditions set forth In this solicitation.
SUPERSEDES SPECIFICATION
NO. 01-890-Q-03; REVISED: MARCH 2005
EXHIBIT
1 >9
nAn
7-10 DAYS
SOLICITATION SHEET
ITEM
N0.
DESCRIPTION
OTY
UNIT OF
MEASURE
MODEL
NUMBER
UNIT
PRICE
EXTENSION
1
SIZE A METER BOX
140
EA
DFW36C-12-1A
564.35
S9,009.00
2
SIZE B METER BOX
50
EA
DFW37C-12-1A
$80.97
54,048.50
3
SIZE C METER BOX
250
EA
DFW38C-14-
16A
5115.74
528,935.00
4
SIZE D METER BOX
50
EA
DFW7730F-12-
IDA
5145.66
57,283.00
5
SIZE E METER BOX
50
EA
DFW65C-14-
1DCA
5152.37
S7,618.50
TOTAL:
556,894.00
SUPERSEDES SPECIFICATION
NO. 01-890-Q-03; REVISED: MARCH 2005
EXHIBIT
1 >9
nAn
7-10 DAYS
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
CITY OF ROUND ROCK
INVITATION FOR BID
WATER METER BOXES
PART I
GENERAL
1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified
Individual, Firm, or Corporation, hereafter referred to as "Respondent", to provide various sized
water meter boxes and matching lids, compatible with remote read meters for use throughout the
City's water supply system.
2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's 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 Definitions, Terms and Conditions can be
obtained from the City's website http://www.roundrocktexas.00v/hometindex.asp?page=463.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the
Insurance Requirements as identified on the City's website at
http://www.roundrocktexas.00v/home/index.asp?paqe=463.
4. CLARIFICATION: For questions or clarification of specifications, you may contact:
Nora Randall, CPPB, CTPM, CTP
Purchasing Department
City of Round Rock
Telephone: 512-218-7068
nrandailta 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
alterations accepted prior to solicitation opening without written approval of the City of Round Rock
through the Purchasing Department.
QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of
such as qualified and responsive. All Respondents shall:
5.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of commodity or provision of the services as specified herein.
5.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
5.3. Identify any subcontractors to be used for this project. Experience, qualifications and
references of the subcontractors shall be submitted. The City reserves the right to approve or
disapprove all subcontractors prior to any work being performed.
5.4. Respondent shall employ a minimum of two qualified technicians. Service technicians shall
be fully qualified to work on the listed equipment and employed by the successful respondent
on the effective date of the agreement. Respondent shall verify that service personnel have
had training with a minimum of one year of "hands on" experience working on the listed
equipment.
SUPERSEDES SPECIFICATION
N0.01.890-40.05; REVISED: MARCH 2005 1 of 8
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890.40
REVISED: MAY 2011
5.5. Provide the name, address, telephone number and E-MAIL of at least three (3) firms
applicable to Municipal and/or Government projects that have utilized similar service for at
least (two) 2 years. References may be checked prior to award. Any negative responses
received may result in disqualification of submittal. NOTE: REFERENCE FORM
(ATTACHMENT A) PROVIDED. E-MAIL ADDRESSES ARE REQUIRED.
6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on
the best value for the City. In determining best value, the City may consider:
6.1. Purchase price and terms;
6.2. Reputation of Respondent and of Respondent's goods and services;
6.3. Experience, qualifications and quality of the Respondent's goods and services;
6.4. The extent to which the goods and services meet the City's needs;
6.5. Respondent's past relationship with the City;
6.6. The total long-term cost to the City to acquire the Respondent's goods or services;
6.7. Any relevant criteria specifically listed in the solicitation.
7. AGREEMENT TERM: The terms of the awarded agreement shall:
7.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month
periods from the effective date. The agreement may be renewed for two (2) additional
periods of time, not to exceed twelve (12) months each, provided both parties agree in writing
prior to the expiration of the current term.
7.2. The City reserves the right to review the respondents' performance at the end of each twelve
(12) month period and cancel all or part of the agreement(s) or continue the agreement(s)
through the next period.
7.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City
shall give written notice to the respondent of the deficiencies and the respondent shall have
thirty (30) days to correct such deficiencies. If the respondent fails to correct the deficiencies
with the thirty (30) days, the City may terminate the agreement by giving the respondent
written notice of termination and the reason for the termination.
7.4. If the agreement is terminated, for any reason, the respondent shall turn over all records, to
include but not be limited to the following: records of repairs, services, deliveries, and
replacement parts, to the City within fifteen (15) working days after completion of duties
contained in the agreement.
8. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be
considered based on the following:
8.1. The City may permit "unit price" adjustments upwardly or downwardly when correlated with
the price index specified herein. Unless otherwise indicated, the price index shall be the
specified index as published by the Bureau of Labor Statistics, Washington, DC 20212. The
baseline index shall be the index announced for the month in which the solicitations opened.
Unit prices may be adjusted for each renewal period and extension period in accordance with
changes in index.
8.2. Price adjustments for each renewal and extension periods will be based on the PPI:
htto://www.bts.aov/ppi/ppi dr.htm TABLE 3: Producer price indexes for selected stage -of -
processing groupings, seasonally adjusted [1982=100].
8.2.1. The allowable percent change shall be calculated by subtracting the baseline index
from the index announced for the month in which the renewal option is exercised and
dividing the result by the baseline index.
SUPERSEDES SPECIFICATION
NO. 01-890-40-03; REVISED: MARCH 2005 2 of 8
SOLICITATION NUMBER
11.026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
8.2.1.1. A=Baseline index from the month in which the solicitations opened or the
month of the last approved price increase.
8.2.1.2. B=Current and/or latest baseline index
8.2.1.3. "B" minus "A", then divided by A. Multiply sum by 100% equals the
percent of the allowable price increase or decrease, "C
C=r($—A)_A]x100%
8.2.2. The allowable percent change shall be rounded to the nearest one-hundredth of one
percent and shall be the maximum unit price adjustment permitted, except that the
vendor may offer price decreases in excess of the allowable percent change.
8.3. Price increase cannot exceed 25% for the total cost and term of the agreement.
8.4. PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE.
8.4.1. Mail the price increase request to the designated City Contract Specialist a minimum
of 120 days prior to each renewal period. Vendor shall supply supporting
documentation as justification for each request.
City of Round Rock
Purchasing Department
ATTN: Contract Specialist
221 E. Main Street
Round Rock, Texas 78664-5299
8.4.2. Upon receipt of the request, the City reserves the right to either: accept the
escalation as supported by the appropriate price index and make change to the
purchase order within 30 days of the request, negotiate with the vendor or cancel the
purchase order if an agreement cannot be reached on the value of the increase.
PART II
SCHEDULE
1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation
timeline:
1.1. Solicitation released May 27, 2011
1.2. Responses for solicitation due by 3:00 p.m. June 21, 2011
1.3. Award to Respondent by July 15, 2011
The City reserves the right to modify these dates. Notice of date change will be posted to the City
website.
2. RESPONSE DUE DATE: Signed and seated responses are due no later than 3:00 P.M., on the
date noted above to the Purchasing Department. Mail or carry sealed responses to:
City of Round Rock
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
2.1. Responses received after this time and date will not be considered.
2.2. Sealed responses shall be dearly marked on the outside of packaging with the Solicitation
title, number, due date and "DO NOT OPEN".
2.3. Facsimile or electronically transmitted responses are not acceptable.
SUPERSEDES SPECIFICATION
NO. 01.890-40-03; REVISED: MARCH 2005 3 of 8
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
2.4. Late responses will be returned to Respondent unopened if return address is provided.
3. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss,
but not be limited to the following:
3.1. Provide City contact(s) information.
3.2. Identify specific goals and strategies to meet objectives.
3.3. Agreement terms, renewals, and extensions.
PART III
SPECIFICATIONS
1. SCOPE OF WORK: Provide water meter boxes in five (5) sizes to be used by water line
maintenance. Unit(s) furnished to these specifications shall meet or exceed all requirements
described herein. Single wall water meter boxes shall be used to house and protect various size
remote read water meters from damage due to, but not limited to, ground collapse or traffic
throughout the City's water supply system. Specifications cover only the general requirements as
to the performance and design criteria of the water meter box, as well as certain details to which the
successful respondent shall conform. Respondents shall be responsible for furnishing equipment
that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that
is designed for the intended application,
2. APPROVED PRODUCTS LIST: The water meter boxes listed have been pre -approved for
compatibility and durability. Respondents wishing to submit make and model of water meter boxes
not listed shall contact the City's Purchaser as identified in PART 1, Paragraph 4, to arrange for
evaluation. Evaluations will take approximately five (5) business days. Please submit water meter
boxes for evaluation a minimum of ten (10) business days prior to the solicitation opening date.
Any evaluation request received for water meter boxes after the solicitation opening will not be
considered for award. Meter boxes currently pre -approved:
2.1. Size A Meter Box with Lid
Use with single service for 5/8, 3/4, & 1 -inch meters
MFR: DFW Plastics, Inc. Model No. DFW 36C-SBSM
2.2. Size B Meter Box with Lid
Use with single service for 5/8, 3/4, & 1 -inch meters
MFR: DFW Plastics, Inc. Model No. DFW 37C-SBSM
2.3. Size C Meter Box with Lid
Use with single service for 5/8, 3/4, & 1 -inch meters
MFR: DFW Plastics, Inc. Model No. DFW 38C-14-KSBSM
2.4. Size D Meter Box with Lid
Use with single service for 1-1/2 & 2 -inch meters
MFR: DFW Plastics, Inc. Model No. DFW 1730-12-BDSM
2.5. Size E Meter Box with Lid
Use with single service for 5/8, 3/4, & 1 -inch meters
MFR: DFW Plastics, Inc. Model No. DFW 65C-12-BDCIR
3. FUNCTIONAL REQUIREMENTS: The water meter box(es) shall:
3.1. Be equipped with an all-purpose flange around the top perimeter to allow the box to be
installed in concrete, asphalt or other permanent material.
3.2. Have a crush resistant ribbing along the outside of the box and an earth retaining ring to help
prevent sinking or floating when installed in native soil.
SUPERSEDES SPECIFICATION
NO. 01-690-40-03; REVISED: MARCH 2005 4 of 8
SOLICITATION NUMBER
11.028
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
3.3. Be engineered to withstand constricting ground pressures and withstand 20,000 pounds
vertical crush load.
3.4. Be lightweight to enable one person to quickly and efficiently install the box(es).
3.5. Be equipped with a skid resistant, plastic lid that securely and evenly sets inside the box and
shall not overlap the top edge of the box.
3.6. Have a minimum four -inch high pipe slot cut out(s).
4. DIMENSIONS: The water meter box(es) shall be rectangular in shape with the following
dimensions: NOTE The size of water meter box will be identified on the solicitation.
4.1. SIZE A— Meter Box
TOP: 12-1/4"1-1 x 12-3/4"W x 19"L
BASE: 10"W x 18-1/4"L
OPENING: 10"W x 15"L
4.2. SIZE B — Meter Box
TOP: 12"H x 14-3/4"W x 21"L
BASE: 11-5/16"W x 18-1/8"L
OPENING: 11"W x 18"L
4.3. SIZE C — Meter Box
TOP: 14-1/4"H x 21-1/4"W x 22"L
BASE: 17-1/4"W x 18"L
OPENING: 17"W x 18"L
4.4. SIZE D — Meter Box
TOP: 1211 x 17"W x 30"L
BASE: 21"W x 34"L
OPENING: 16-3/4"W x 29-3/4"L
4.5. SIZE E — Meter Box
TOP: 12-1/4"1-1x 12-3/4"W x 19"L
BASE: 10"W x 18-1/4"L
OPENING: 10"W x 15"L
5. PROPERTIES: The box shall be molded out of modified polyethylene material with the following
ASTM specifications:
PROPERTIES
ASTM TEST METHOD
MINIMUM TEST VALUE
Tensile strength @ Yield
D638
2300 psi
Ultimate Elongation (%)
0638
765
Density
D1505
0.932
Flexural Modulus
0790
73,000 psi
Deflection Temperature
D648
88c @ 66 psi
Melt Index (dg/min.)
D1238 Cond. E
5-0
UV Stabilizer
Yes
6. MANUALS: One set of manuals and documentation shall be supplied with each unit purchased
and shall provide complete and comprehensive information on all equipment, equipment
components and accessories, as supplied to comply with this specification.
SUPERSEDES SPECIFICATION
NO. 01-890-40-03; REVISED: MARCH 2005 5 of 8
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING DEPARTMENT
221 E. Main Street
Round Rock, Texas 78664-5299
Solicitations are due to the Purchasing Office
at the above address by 3:00pm, June 21, 2011
Show solicitation opening date & solicitation number in lower left hand
corner of sealed solicitation envelope with return address of responding firm.
Facsimile responses shall not be accepted
INVOICE TO:
CITY OF ROUND ROCK
ACCOUNTS PAYABLE
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664-5299
F.O.B. Destination, Freight prepaid and allowed unless
otherwise specified below
DESTINATION:
CITY OF ROUND ROCK
WATER LINE MAINTENANCE
910 LUTHER PETERSON
ROUND ROCK, TEXAS 78665
By the signature hereon affixed, the respondent
hereby certifies that neither the respondent nor the
entity represented by the respondent, or anyone acting
for such entity has violated the antitrust laws of this
State, codified in Section 15.01 et seq., Texas
Business and Commerce Code, or the Federal
antitrust laws, nor communicated directly or indirectly,
the response made to any competitor or any other
person engaged in such line of business."
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
Solicitation Information: Water Meter Boxes
Solicitation Number: 11-026
Opening Date: 06/21/2011
Opening Time: 3:OOpm
Solicitation Location:
221 E. Main Street
Council Chambers
Round Rock, TX 78664
Return signed one (1) orininal and three (3) copies of response
Respondent shall sign befow
Failure to sign solicitation will dis
Auto ' ed Signa ure
Skip Snahn
fy esponse
Print Name
Date
SEE 1.7 OF SOLICITATION INSTRUCTIONS
TAX ID NO.: 20332-8776
ITEM
NO,
LEGAL BUSINESS NAME: ACT Pipe & Supply
QTY
ADDRESS: 1400 Grand Avenue Parkway Pfiugerville, TX
MODEL
NUMBER
CONTACT: Skip Spahn
1
TELEPHONE NO: 512-252-7030
SIZEAMETERBOX
BUSINESS ENTITY TYPE: Corporation
EA
E-MAIL: sspahn@actpipe.com
564.35
Respondent agrees to comply with all conditions set forth in this solicitation.
SUPERSEDES SPECIFICATION
NO. 01-890-40-03; REVISED: MARCH 2005 6 of 8
SOLICITATION SHEET
ITEM
NO,
DESCRIPTION
QTY
UNIT OF
MEASURE
MODEL
NUMBER
UNIT
PRICE
EXTENSION
1
SIZEAMETERBOX
440
EA
OFW36C-12-1A
564.35
$9,009.00
2
SIZE B METER BOX
50
EA
DFW37C-12-1A
S80.97
$4,048.50
3
SIZE C METER BOX
250
EA
DFW38C-14-
SBA
5115.74
528,935.00
4
5
SIZE DMETER BOX
50
EA
DFW1730F-12-
1DA
$145.66
57,283.00
SIZE E METER BOX
50
EA
DFW65C-14-
16CA
5152.37
S7,618.50
TOTAL:
556.894.00
DELIVERY IN
7-10 DAYS
SUPERSEDES SPECIFICATION
NO. 01-890-40-03; REVISED: MARCH 2005 6 of 8
SOLICITATION INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION
ANY EXCEPTIONS THERETO MUST BE IN WRITING
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-690-40
REVISED: MAY 2011
1. SOLICITATION REQUIREMENTS:
1.1 Responding requires pricing per unit shown and extensions. tf trade discount is shown on solicitation, it should be deducted and net line extensions shown.
Respondents guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB).
1.2 Solicitations shall be submitted on Solicitation Sheet. Each response shall be placed in a separate envelope completely and property identified. Responses must be in
the Purchasing Department before the hour and dale specified on the solicitation.
1.3 tale responses properly identified will be returned to respondent unopened. Late responses will not be considered.
1.4 Respond F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the solicitation. If otherwise, show exact cost to deliver.
1.5 Response shall show unit price on quantity and unit of measure specified, extension and show total. In case of errors in extension, unit prices shall govern. Responses
subject to unlimited price increase will not be considered.
1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. "Discount from List- responses are not acceptance unless requested. Cash
discount will not be considered in determining the lav response. All cash discounts offered will be taken if earned.
1.7 Responses shall give Tax Identification Number, full name and address of respondent. Failure to sign will disqualify response. Person signing response shall show title
and authority to bind signatories firm in an agreement. Firm name should appear on each page in the block provided in the upper right corner. 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).
1.6 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent. No
response 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 Setae Tax and Federal Excise Tax. Do not include tax in response.
1.10 The City reserves the right to accept or reject ail nr any pari of response, waive minor technicalities and award the response 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 responses could cause rejection of responses by the City and/or investigation for antitrust violations.
1.12 Telephone, facsimile, and electro ically transmitted responses are not acceptable in response to the solicitation.
1.13 CAUTION: Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received fate, illegible,
incomplete, or otherwise nomresponsao.
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in the solicitation is descriptive only (not restrictive), and is used to indicate type and quality desired.
Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 o1 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 response. If respondent takes
no exceptions to specifications or reference data in response, respondent will be required to furnish brand names, numbers, etc., as specified in the solicitation.
2.2 All items on the solicitation shall be new, in first Gass condition, including containers suitable for shipment and storage, unless otherwise indicated in the solicitation.
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 respondent, on request, et
respondent expense. Each example should be marked with respondents' name and address. City solicitation number and code. Do not enclose in or attach to response.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.
3. TIE RESPONSES: In case cf tie responses, the award will be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY:
4.1 Response shall show number of days required to place material in City& designated location under normal conditions. Failure to state deliver time obligates respondent
to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet
delivery promises without valid reason may cause removal from Vendor list. (See 4.2 following.)
4.2 If delay is foreseen, Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall 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 Vendor.
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
solicitation.
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 response or on samptes taken
from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specification, 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 pad may, at the City's option, be returned to the Vendor or held for
disposition at Vendors risk and expense, Latent defects may result in revocation of acceptance,
6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the solicitation.
Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is
issued. The agreement or purchase order shall be governed, construed, and interpreted under the Charter of the City and the taws of Slate of Texas. All agreements or
purchase orders are subject to the approval of the City Council or Manager.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice shaving the agreement or purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from claims involving infringements of patents or copyrights.
9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement, which arse under the
antitrust laws of the Slate of Texas. TX, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. RESPONDENT AFFIRMATION:
101 Signing the response with a false statement is a material breach of agreement and shag void Inc submitted response or any resulting agreements, and the Respondent
shalt be removed from all Vendor lists. By signature hereon offered, the respondent hereby certifies that -
10.2 The respondent has not given, offered to give, nor intends to give any lime hereafter any economic opportunity, future employment, gift, ban, gratuity, special discount,
tip, favor, or service to a public servant in connection with the submitted response.
10.3 The respondent is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the respondent nor the firm, corporation, partnership, or any entity represented by the respondent, 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 response made to any competitor, or any other person engaged in such line of business.
10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation.
11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them en the front of the
response form. WARNING: Such terms and conditions may result in disqualification of the response (e.g. responses with the laws of a Slate other than Texas requirements for
prepayment, Limitations on remedies, etc) The City of Round Rock can only accept responses which contain an the terms and conditions of its formal solicitation; in particular,
all respondents' affirmations and certifications must be included. Submission of responses on forms other than City's form may result in disqualification of your response.
12. INQUIRIES: Inquiries pertaining to SotIc Cation invitations must give Solicitation number, codes, and opening date.
SUPERSEDES SPECIFICATION
NO. 01-890.40-03; REVISED: MARCH 2005 7 of 8
SOLICITATION NUMBER
11-026
SPECIFICATION NUMBER
11-890-40
REVISED: MAY 2011
ATTACHMENT A
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 11-026
RESPONDENT'S NAME: Skin Spahr' DATE:
06 16.2011
Provide the name, address, telephone number and point of contact of at least three (3) firms applicable to
Municipal and/or Government projects that have utilized similar service for at least two (2) years.
References may be checked prior to award. Any negative responses received may result in
disqualification of solicitation.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2.. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
Forman Austin Construction
Mark Scott
General manager
m arkscott 1954@yahoo. com
PO Box 2380
Cedar Park, TX 78630
( 512 ) 94 X400 MD,V100 Fax Number: ( 512 ) 733-7782
Keystone Construction
Larry Vinklarek
Project Manager
estimating@keystoneconstruct.com
7100 Old Bee Caves Road
Austin, TX 78735
9'-tp\r!-41-0 `x X- ��tYUCE .CDrlt
( 512 ) 288-6437 Fax Number: ( 512 ) 288-6439
Chasco Construction
Johnny Murrell
Superintendent
Johnny@chasco.com
PO Box 1057
Round Rock, TX 78680
( 512 ) 244-0600 gci:1,_ �t:};al Fax Number: ( 512 ) 244-0489
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
SUPERSEDES SPECIFICATfON
NO. 01-890-40-03; REVISED: MARCH 2005 8 of 8