CM-2019-0388 - 12/13/2019CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
FIRE APPARTUS TESTING SERVICES FROM
FIRE ONE, INC.
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 lire apparatus testing services for the Fire
Department's fire apparatus equipment, and for related goods andVOCK,
(referred to herein as
the �reeme t" ), is made and entered into on this they of the month of
, 2019, by and between the CITY OF ROUNTEXAS, a home -rule
mufficipality whose offices are located at 22I East Main Street, Round Rock, Texas 78664
(referred to herein as the "City") and FIRE ONE, INC., whose mailing address is P.O. Box
1040, Drexel Hill, Pennsylvania 19026 (referred to herein as the "Services Provider").
RECITALS:
WHEREAS, City desires to purchase fire apparatus testing services for the Fire
Department's fire apparatus equipment, and City desires to procure same from Services
Provider; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the Bid submitted by the Services Provider. 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. sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City is obligated to buy specified services and Services Provider is obligated to sell
same. The Agreement includes the following: (a) City's Invitation for Bid designated
Solicitation Number 19-033 dated September 2019; (b) Services Provider's Response to the IFB;
(c) contract award: and (d) any exhibits, addenda, and,`or amendments thereto. Any
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inconsistencies or conflicts in the contract documents shall be resolved by giving preference in
the following order:
(1) This Agreement;
(2) Services Provider's Response to Ir -B;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure tneans acts of God, strikes, lockouts, or other industrial
disturbances, acrs of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires. hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials.
commodities, or equipment.
2.01 EFFECTIVE DATE, TERM
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The initial term of this Agreement is for Sixty (60) months from the effective date
hereof.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selrcted Services Provider to supply the services as outlined in the IFB and
Response to 11 P submitted by Services Provider, all as specified in Exhibit "A." The intent of
these do--umentc is to formulate an Agreement listing the responsibilities of both parties as
outlined in the IFB and as offered by Services Provider in its Response to the IFB.
The ser.°ices which are the subject 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; SCOPE OF WORK
Items Awarded., All bid items on Exhibit "A" are awarded to Services Provider
Scope of Work. For purposes of this Agreement, City has issued documents delineating the
required services (specifically Invitation for Bid Solicitation Number 19-033 dated September
2019). Services Provider has issued its response agreeing to provide all such required service in
all specified particulars. All such referenced documents are included in Exhibit "A" attached
hereto and made a part hereof for all purposes. When taken together with the appended exhibits,
this Agreement shall evidence the entire understanding and agreement between the parties and
shall supersede any prior proposals, correspondence or discussions.
Services Provider shall satisfactorily provide all services described under the attached
exhibits within the contract term specified in Section 2.01. Services Provider's undertakings
shall be limited to performing services for the City and/or advising City concerning those matters
on which Services Provider has been specifically engaged. Services Provider shall perform its
services in accordance with this Agreement, in accordance with the appended exhibits, in
accordance with due care, and in accordance with prevailing industry standards for comparable
services.
5.01 COSTS
A. Bid costs listed on "Attachment A Bid Sheet" of Exhibit "A," shall be the basis
of any charges collected by the Services Provider.
B. The City shall be authorized to pay Services Provider an amount not -to -exceed
Forty -Six Thousand Seven Hundred Eleven and 501100 Dollars ($46,711.50) for the term of
this Agreement.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Services Provider;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance date-.
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"s bid, with the consent and agreement of the successful vendor(s) and
the City. 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 is
not an agent of, partner to, or representative of those outside agencies or entities and that the City
is not obligated or liable for any action or debts that may arise out of such independently -
negotiated "piggyback" procurements.
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 Services Provider a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Services Provider will be made within thirty (30) days of the day on which City receives the
performance. supplies, materials, equipment, andior deliverables, or within thirty (30) days of the
day on which ih: performance of services was complete, or within thirty (30) days of the day on
which City rt:ceives a correct invoice fur the performance and. --'or deliverables or services.
whichever is later. Services Provider may charge interest on an overdue payment at the "rate in
effect" on September I of the fiscal year in which the payment becomes overdue, in accordance
with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not
apply to payments made by City in the event:
A. There is a bona fide dispute between City and Services Provider, a contractor, a
subcontractor or supplier about the goods delivered or the service performed that
cause the payment to be late; or
P� Tile terms of a federal contract, grant, regulation, or statute prevent City from
making a timely pa)ment with federal funds; or
C Thera is a bona fide dispute between Services Provider and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the service
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performed that causes the payment to be late: or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider. cancel this Agreement without liability
to Services Provider if it is determined by City that gratuities or bribes in the form of
entertainment, giftb, or otherwise were offered or given by Services Provider or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider may be subject to penalties stated
in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt Isom Federal Excise and State Sales Tax; therefore, tax shall not be
included in Ser. ices Provider's charges.
12.01 VRDFRS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the goods as specified, City reserves the right and
option to obtair, the products or services from another supplier or suppliers.
13.01 INSURANCE
Services Provider shall meet all requirements as stated in Part If of the IFB, attached as
Exhibit "A" and as set forth at: httos:.,:dN %%_w.i:oundrock teas. aox. departments purchasing
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Chief Robert Isbell
Fire Department
203 Commerce Boulevard
Round Rock, Texas 78664
512-2I8-6630
risbell.."a roundrocktexas.ggo
15.01 RIGHT IO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent tQ 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 Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing the specified goods elsewhere. Services Provider 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.
Services Provider shall be declared in default of this Agreement if it does any of the
following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Services
Provider.
B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten (10) days' written notice to Services Provider.
C. Services Provider 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 Services Provider,
Services Provider 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, Services Provider shall submit a statement showing in detail the goods andior
services satisfactorily performed under this Agreement to the date of termination. City shall then
6
pay Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider is not entitled to compensation for services it would have performed under the
remaining lean of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Services Provider 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
Services Provider, or Services Provider's agents, employees or subcontractors, in the
performance of Services Provider'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
Services Provider (including, but not limited to the right to seek contribution) against any third
party who ina� he liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Services Provider, 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, i,s amended. and with all applicable rules and regulations promulgated by local.
state and national boards. bureaus and agencies.
B. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter mato a contract with a company for goods and services unless the contact contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during Vic terms of this contract. The signatory executing this Agreement on behalf of
Services Provider verities Services Prodder does not boycott Israel and will not boycott Israel
during the term of this Agreement
20.01 ASSIGNMENT AND DELEGATION
The p& Pies each hereby bind themselves their successors, assigns and legal
representatives :o each ether with respect to the terms of this Agreement. Neither party shall
assign, sublet or tr anster any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered gig en as follows:
Iyhen delivered personal]) to the recipient's address as stated in this Agreement;
Q1
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 Services Provider:
Fire One. Inc.
P.O. Box 1040
Drexel Hill, PA 19026
Notice to City:
City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock. TX 78664 Round Rock, TX 78664
Nothing` contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
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. e,�clusive 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
Services Provider 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
City and Services Provider hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision siiall be deemed severed from this Agreement, and the balance of this Agreement
8
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent perjons 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 accepti.d industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider 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 Services
Provider'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 Services Provider 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 small be considered an original of this document; and all of which, when taken
together, skull constitute one and the same instrument.
[Signatures on the following page.]
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Rock, T
IN
Title:y= k
Date Signed:
Attest:
By:
Sara White, City Clerk
For City, p ovcd as to Fo m:
By: h? .
Stephan Sheets, City Attorney
Fire On Inc.
By:
Print ame: .Mi{ [ L'� c.✓!� I
Titl fi't 4j
Date Signed: 1
Exhibit "A"
K TEXAS
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
FIRE APPARATUS TESTING SERVICES
SOLICITATION NUMBER 19-033
SEPTEMBER 2019
City of Round Rock
Fire Apparatus Testing Services
IFB No. 19-033
Class/item: 928-87
September 2019
Exhibit "A"
FIRE APPARATUS TESTING SERVICES
PART
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after "the City" seeks a bid from firms experienced in
comprehensive annual fire apparatus testing for the City Fire Department's existing equipment.
2. BACKGROUND: The City currently operates nine fire stations and owns various fire trucks, pumper fire
trucks, aerial units, and ground ladders which will require annual testing.
3. SOLICITATION PACKET: This solicitation packet is comprised of the following:
Description -i - � '
- Index.V-- - -^
Part I — General Requirements
Page(s) 2-5
Part II — Definitions, Standard Terms and Conditions
and Insurance Requirements
Page 6
Part III — Supplemental Terms and Conditions
Page(s) 7-9
Part IV — Specifications
Page(s) 10-11
Attachment A — Bid Sheet
Page 12
Attachment B — Reference Sheet
Page 13
4. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact:
Amanda Crowell
Purchasing Technician
Purchasing Division
City of Round Rock
Phone: 512-218-5458
E-mail: acrowell@roundrocktexas.gov
Shannon Battle
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-6682
Email: sbattle@roundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority
is intended or implied that specifications may be amended, or alterations accepted prior to solicitation opening
without written approval of the City of Round Rock through the Purchasing Department.
Page 2 of 13
City of Round Rock Exhibit "A"
Fire Apparatus Testing Services
IFB No. 19-033
Class/Item: 928-87
September 2019
5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT
DATE
Solicitation released
Deadline for submission of questions
September 26, 2019
October 10, 2019 @ 5:00 PM, CST
City responses to questions or addendums
October 14, 2019 @ 5:00 PM, CST
Deadline for submission of responses
October 24, 2019 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date noted
above. A copy of all questions submitted and the City's response to the questions shall be posted on the
City's webpage in the form of an addendum at:
httpi://www.roundrocktexas.gov/businesses/solicitations/.
Questions shall be submitted in writing to the "Authorized Purchasing Contact". The City reserves the right to
modify these dates. Notice of date change will be posted to the City's website:
http://www.roundrocktexas.ciov/bids.
6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation described herein. Various
updates may include addendums, cancellations, notifications, and any other pertinent information necessary
for the submission of a correct and accurate response. The City will not be held responsible for any further
communication beyond updating the website.
7. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date noted
in PART I, Section 5 — Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Amanda Crowell
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
A. Sealed responses shall be clearly marked on the outside of packaging with the solicitation title, number,
due date and "DO NOT OPEN".
B. Facsimile or electronically transmitted responses are not acceptable.
C. Responses cannot be altered or amended after opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F. Samples andlor copies shall be provided at the Respondent's expense, and shall become the property of
the City.
8. RESPONDENT REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full
comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist
participating Respondents in compiling their final responses. Respondents are to carefully read the entire
solicitation.
Respondent shall submit one (1) evident signed "Original" and one identical electronic copy of the IFB
response on a flash drive. The submittal is required to include all addendums and requested attachments.
The bid response along with samples and/or copies shall be provided at the Respondent's expense, and shall
become the property of the City.
Pagc 3 of 13
City of Round Rock Exhibit "A"
Fire Apparatus Testing Services
IFB No. 19-033
Class/Item: 928-87
September 2019
This invitation for bid (IFB) does not commit the City to contract for any supply or service. Respondents are
advised that the City will not pay for any administrative costs incurred in response preparation to this IFB; all
costs associated with responding to this IFB will be solely at the interested parties' expense. Not responding
to this IFB does not preclude participation in any future RFP/RFQ/IFB.
For your bid to be responsive, addendums and the attachments identified below shall be submitted
with your proposal.
a Addendums: Addendums may be posted to this solicitation. Bidders are required to submit signed
addendums with their sealed response. The Bidder shall be responsible for monitoring the City's website
at httn://www.roundrocktexas.gov_/bids for any updates pertaining to the solicitation.
Attachment A: BID SHEET: The bid response shall be submitted on itemized, signed Bid Sheet provided
in the solicitation packet. Failure to complete and sign the bid sheet will result in disqualification. If there Is
a conflict between the unit price and extended price, the unit price will take precedence. Submission of
responses on forms other than the City's Solicitation Document may result in disqualification of the
response.
Attachment B: REFERENCE SHEET: Provide the name, address, telephone number and E-MAIL of at
least three (3) valid Municipal, Government agencies or firms of comparable size that have utilized
services that are similar in type and capacity within the last two (2) years. City of Round Rock references
are not applicable. References may be checked prior to award. If references cannot be confirmed or if
any negative responses are received it may result in the disqualification of submittal.
9. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all responses, or to
accept any response deemed most advantageous, or to waive any irregularities or informalities in the
response received that best serves the interest and at the sole discretion of the City. All solicitations received
may be evaluated based on the best value for the City. In determining best value, the City may consider:
A. Purchase price;
B. Reputation of Respondent and of Respondent's goods and services;
C. Quality of the Respondent's goods and services;
D. The extent to which the goods and services meet the City's needs;
E. Respondent's past performance with the City;
F. The total long-term cost to the City to acquire the Respondent's goods or services;
G. Any relevant criteria specifically listed in the solicitation.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they are
proposing. This may include a presentation and/or the request for additional material/information.
10. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing Definitions,
Standard Terms and Conditions, all documents submitted in response to a solicitation shall be subject to the
Texas Public Information Act. Following an award, responses are subject to release as public information
unless the response or specific parts of the response can be shown to be exempt from the Texas Public
Information Act. Pricing is not considered to be confidential under any circumstances
A. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be
clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document.
The City will not be responsible for any public disclosure of confidential information if it is not clearly
marked as such.
B. If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and
information as to why the information should be protected from disclosure. The matter will then be
presented to the Attorney General of Texas for final determination.
Page 4 of I3
City of Round Rock Exhibit "A"
Fire Apparatus Testing Services
I>=B No. 19-033
Class/item: 928-87
September 2019
11. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal Regulations 2
CFR part 180 suspension and debarment may apply to this agreement. The City of Round Rock is prohibited
from contracting with or making prime or sub -awards to parties that are suspended or debarred or whose
principals are suspended or debarred from doing business with the Federal Government, State of Texas, or
the City of Round Rock.
12. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295 "Certificate of Interested Parties" that is signed for a contract
award requiring council authorization. The "Certificate of Interested Parties" form must be completed on the
Texas Ethics Commission website, printed, signed and submitted to the City by the authorized agent of the
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior to
final contract execution. Link to Texas Ethics Commission Webpage:
hfps:/lwww.athics.state.tx.us/whatsnew/elf info form1295.htm
Pap 5 of 13
City of Round Rock Exhibit "A"
Fire Apparatus Testing Services
IFB No. 19-033
Class/Item: 928-87
September 2019
PART II
DEFINITIONS, STANDARD TERMS AND CONDITONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions, Standard Terms and Conditions, in effect at the time of release
of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face
of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the
sole responsibility of Respondents to stay apprised of changes. The City's Definitions, Standard Terms and
Conditions can be viewed and downloaded from the City's website at:
https://www.roundrocktexas.gov/departments/purchasingl
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: hftos://www.roundrocktexas..qov/departments/purchasinal
Page 6 of 13
City of Round Rock Exhibit "A"
Fire Apparatus Testing Services
IFB No. 19-033
Class/Item: 928-87
September 2019
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60)
months.
B. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions of
this agreement for such a period as is reasonably necessary to re -solicit and/or complete the project up to
120 days.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The Respondent
shall:
A. Ensure that any person performing inspections, testing, or maintenance of the fire apparatus shall meet
the qualifications of NFPA 1071 — 2020 edition, Standard for Emergency Vehicle Technician Professional
Qualifications, or the equivalent;
B. Be firms, corporations, individuals or partnerships normally engaged in providing fire apparatus testing
services as specified herein and have adequate organization, facilities, equipment, financial capability,
and personnel to ensure prompt and efficient service to the City;
C. Provide all labor, supplies and materials required to satisfactorily perform the services as specified herein
and own or acquire at no cost to the City all construction aids, appliances, and equipment Respondent
deems necessary and maintain sole responsibility for the maintenance and repair of Respondent's
vehicles, equipment, tools and all associated costs. The City shall not be responsible for any
Respondent's tools, equipment or materials lost or damaged during the performance of the services
specified herein;
D. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for consideration
in this procurement process.
3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services. The City seeks to do business directly with a company experienced in fire apparatus
testing services.
4. REPORT REQUIREMENTS: Respondent shall provide a detailed report to both of the City's designated
representatives to include each piece of equipment with the results of all testing two weeks after inspection
completion. The report shall include the passlfail status and what corrective action would be required to
place equipment Into pass status.
S. SAFETY: The City reserves the right to remove any employee from City property for violation of federal,
state, and local health, safety and environmental laws, ordinances, rules and regulations. The Respondent
shall:
A. Ensure that all employees comply with all Occupational Safety and Health Administration (OSHA), State
and City safety and occupational health standards and other applicable federal, state, and local health,
safety, and environmental laws ordinances, rules and regulations in the performance of these services;
B. Be held responsible for the safety of their employees and unsafe acts or conditions that may cause injury
or damage to any persons or property within and around the work site. In case of conflict, the most
stringent safety requirement shall govern;
C. Indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments,
fines penalties and liability of every kind arising from the breach of the Successful Respondents'
obligations under this paragraph.
Page 7 of 13
City of Round Rock Exhibit "A"
Fire Apparatus Testing Services
1FB No. 19-033
Class/Item: 928-87
September 2019
6. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional and efficient manner;
B. Ensure Respondent's employees, while working on City property, wear a company uniform that clearly
identifies them as the Respondent's employee;
C. Employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor. The City reserves the right to verify citizenship or right to work in the United States.
7. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall Include all
incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
Insurance, bonds and risk management. No separate line item charges shall be permitted for either response
or invoice purposes.
S. PRICE INCREASE: Contract prices for fire apparatus testing services shall remain firm throughout the initial
twelve (12) month term of the contract. A price increase to the agreement may be considered on the
anniversary date of the Contract each year and shall be equal to the consumer price index for that year, but at
no time can the increase be greater than 5% for any single line item.
A. Consumer Price Index (CPI): Price adjustments will be made in accordance with the percentage
change in the U.S. Department of Labor Consumer Price Index (CPI -U) for all Urban Consumers. The
price adjustment rate will be determined by comparing the percentage difference between the CPI in
effect for the base year six-month average (January through June OR July through December); and each
(January through June OR July through December six month average) thereafter. The percentage
difference between those two CPI issues will be the price adjustment rate. No retroactive contract price
adjustments will be allowed. The Consumer Price Index (CP1) is found at the Bureau of Labor Statistics,
Consumer Price Index website: htto://www.bls.00v/coil.
B. Procedure to Request Increase:
I. Mail the written price increase request with the rate detail comparison and comprehensive calculation
and any supporting documentation to the designated City Contract Specialist a minimum of 45 days
prior to the annual Contract anniversary date. The detailed written calculation will be verified and
confirmed. All written requests for increases must include the City of Round Rock contract number,
solicitation reference information and contact information for the authorized representative requesting
the increase. Price increase requests shall be sent by mail to:
City of Round Rock
Purchasing Department
Attn: Contract Specialist
221 East Main Street
Round Rock, TX 79664-5299
ii. Upon receipt of the request, the City reserves the right to either, accept the escalation and make
change to the purchase order within 30 days of the request, negotiate with the Vendor or cancel the
agreement or purchase order if an agreement cannot be reached on the value of the increase.
9. PERFORMANCE REVIEW: The City reserves the right to review the awarded respondents' performance
anytime during the contract term.
10. ACCEPTANCEIINSPECTION: Acceptance inspection should not take more than five (5) working days. The
awarded respondent will be notified within the time frame if the services delivered are not in full compliance
with the specifications. In the event the services are not performed to the satisfaction of the City; the vendor
shall agree to reperform services to specification at no additional cost to the City. If any agreement or
purchase order Is cancelled for non-acceptance, the needed services may be purchased elsewhere.
11. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services/goods needed to
satisfy requirements within budgetary constraints, which may be more or less than indicated.
Page 8 of 13
City of Round Rock Exhibit "A"
Fire Apparatus Testing Services
IFB No. 19-033
Class/Item: 928-87
September 2019
12. PERMITS: The Successful Respondent shall verify and obtain all necessary permits, licenses, and/or
certificates required by federal, state and local laws, ordinances, rules or regulations for the completion of the
services as specified if required for the project.
13. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award,
split award, primary and secondary award, non -award, or use any combination that best serves the interest
and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website at
https://www.roundrocktexas.gov/businesses/solicitations/ once City Council has approved the
recommendation of award and the agreement has been executed.
14. POST AWARD MEETING: The City and Successful Respondent(s) may have a post award meeting to
discuss, but not be limited to the following:
A. The method to provide a smooth and orderly transition of services performed from the current contractor;
B. Provide City contact(s) information for implementation of agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
15. POINT OF CONTACT 1 DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed across
the City, the City shall be provided with a designated and identified point of contact upon award of the
contract to include contact information. The City's designated representative shall be notified by the
Respondent immediately should the point of contact change.
B. The City's designated representative:
Marshall Reynolds
Fleet Operations Manager
Vehicle Maintenance
Phone: 512-218-5571
E-mail: mrevnolds(&roundrocktexas.4ov
Shane Glaiser
Assistant Chief
Fire Department
Phone: 512-671-1106
E-mail: solaiserczroundrocktexas-go
16. INTERLOCAL PURCHASING AGREEMENTS
A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor agrees to offer
the same price and terms and conditions to other eligible agencies that have an interlocal agreement with
the City.
B. The City does not accept any responsibility or liability for the purchases by other government agencies
through an interlocal cooperative agreement.
Page 9 of 13
City of Round Rock Exhibit "A"
Fire Apparatus Testing Services
IFB No. 19-033
Class/Item: 928-87
September 2019
PART IV
SPECIFICATIONS
1. PURPOSE: The City of Round Rock, herein after "the City" seeks a bid from firms experienced in
comprehensive annual Fre apparatus testing for the City Fire Department's existing equipment.
2. BACKGROUND: The City currently operates nine fire stations and owns various fire trucks, pumper fire
trucks, aerial units, and ground ladders which will require annual testing.
3. SERVICE REQUIREMENTS: Services shall be performed at -
City of Round Rock
Public Safety Training Center
2801 North Mays St.
Round Rock, Texas 78665
4. TASKS AND REQUIREMENTS:
A. Contractor Responsibilities- The Contractor shall be required to perform all annual testing/inspection of
the Fire Department's existing fire apparatus equipment on-site and provide reports as specked herein.
i. EQUIPMENT: Apparatus equipment to be inspected/tested currently includes, but is not limited to:
❖ One 2001 Pierce 1 Dash 100 PAP Platform Aerial Trucks
❖ Two 2002 Pierce 1 Quantum Pumper Trucks
One 2004 Pierce 1 Quantum Pumper Truck
One 2006 Pierce Contender Tender
❖ One 2007 Pierce 1 Dash 100 PAP Quint Aerial Truck
:• Two 2009 Spartan/ Crimson Pumper Trucks
One 2009 Pierce 1 Velocity Quint Aerial Truck
46 One 2010 Pierce 1 Impel Pumper Truck
❖ One 2011 Pierce / Impel XM Pumper Truck
One 2013 Pierce 1 Impel XM Pumper Truck
•:• One 2014 Pierce 1 Impel Pumper Truck
One 2015 Pierce/Dash PUC Pumper
❖ One 2016 Pierce/Dash PUC PAP Quint Aerial Truck
One 2017 Pierce/Dash PUC PAP Quint Aerial Truck
❖ One 2018 PierceNelocity PUC Pumper
❖ Seventy-four (74) Ground ladders — equaling approximately 1,260 feet
H. Perform all annual testing, at a minimum, in accordance with the following National Fire Protection
Association (NFPA) Standards. The NFPA standards to be used each year shall be the most up to
date revised editions, which can be found at http://www.nfpa.org/.
a) NFPA Standard 1911 - 2017 edition, for Ariel testing/inspections (Next revision cycle: Fall 2021 —
for 2022 revised edition);
b) NFPA Standard 1911 — 2017 edition, for Pump testingMspections (Next revision cycle: Fall 2021
— for 2022 revised edition);
Page 10 of 13
City of Round Rock Exhibit "A"
Fire Apparatus Testing Services
IFB No. 19-033
Class/Item: 928-87
September 2019
c) NFPA Standard 1932 — 2015 edition, for Ground Ladder testinglinspections (Next revision cycle:
Fall 2019 — for 2020 revised edition);
iii. Perform non-destructive testing (NDT) on all aerial devices. The testing company will be required to
provide proof of the ISO/ IEC 17020 accreditation and certifications form any technician performing
the NDT. This is a NFPA standard and it is required, in order to certify the test. The City will not
accept any alternative certifications to the ISO/IEC 17020 accreditation.
iv. Perform all annual testing to be completed within one week, in the month of March.
v. Supply the appropriate equipment to perform all testing/inspections.
vi. Be on site to begin testing services at 8:00 AM and complete day's testing by 7:00 PM as weather
permits.
vii. REPAIRS: In the event that repairs are required to successfully pass inspection the contractor shall
notify the City Fire Department point of contact of the discrepancy or cause of failure so that City
personnel can make the necessary repairs to complete testing.
B. City Responsibilities; The City will -
i. Provide a detailed schedule of events at least one week prior to the scheduled annual
testinglinspections in March or as otherwise agreed upon;
ii. Supply water for testing if necessary;
iii. Be responsible for making sure vehicles are onsite for scheduled testing or if scheduled vehicle is out
on a call, an alternative vehicle will be re -scheduled for that time slot;
iv. Reserve the right to add or remove equipment to this list;
v. Provide access to restrooms for contractor use during the testing week;
Page 11 of 13
City of Round Rock Exhibit "A"
Fire Apparatus Testing Services
IFB No. 19-033
Class/item: 928-87
September 2019
ATTACHMENT A
BID SHEET
1. ATTACHMENT A— BID SHEET is posted in Solicitation Documents for IFB 19-033 Fire Apparatus Testing
Services in an Excel format on the City of Round Rock website at:
https://www.roundrocktexas.gov/departments/purchasing/purchasing-active-solicitations/
A. In order to be considered responsive Attachment A- Bid Sheet must be completed, signed by an
authorized representative, and returned by the deadline for submission of response indicated in Part I
Section 5 — Schedule of Events.
B. The Respondent, by submitting and signing Attachment A — Bid Sheet, acknowledges that he/she has
received and read the entire document packet sections defined above including all documents
incorporated by reference, and agrees to be bound by the terms therein.
C. In order to do business with the City of Round Rock you must be registered with the City's Vendor
Database. To register, go to: https://roundrock.munisselfservice.comNendors/default.asi)x.
D. By the signature affixed on Attachment A -Bid Sheet, 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."
E. The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, to fully
comply in strict accordance with the Solicitation, specifications and the amounts shown on bid sheet.
Page 12 of 13
Attachtt�hit W Ei A heat
IFS 19-033 Fire Apparatus Testing Services
The Respondent represents by their signature below that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with
the soWation documents contained In IFB No.194D33 Fire Apparatus Testing Services. The Respondent acknowledges that helshe has received and read
the entire solicitation packet attachments and all documents incorporated by reference, and agrees to be bound by the terms therein.
Special Instructions: All prices must be quoted In order to be considered responsive. Be advised that exceptions taken to any portion of the solicitation will
Jeopardize acceptance of the bid. Altemative bids will not be considered and modifications to the bid sheet format will result in the rejection of the bid. The
City reserves the right to purchase more or less than the quantitts Indicated below.
No.
Description
EQst "Iced I Unit I Unit Cost iE I M Wed Total
1 Fire Apparatus Pump Testing , W, Each 1-03140— 1 $0.00
2 Fire Apparatus Aerial Ladder Testing I 5 I Each f -7 8 !�' - 1 $0.00
3 Fire Apparatus Ground UWdar Testing 1260 linear Foot t I . 9 S $0•00
Annual Total: $0.00
COMPANY NAME:
SIGNATURE OF AUTHORIZED REPRESENTATIVE:
PRINTED NAME:
PHONE NUMBER:
EMAIL ADDRESS
Page 1 of 1
ft Lee ON 4 /,u G
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City of Round Rock
Fire Apparatus Testing Services
IFB No. 19-033
ClassAtem: 928-87
September 2019
ATTACHMENT B:
Exhibit "A"
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 11_44V,
RESPONDENT'S NAME: 6F'A' cj 1— ` DATE:
Provide the name, address, telephone number and E-MAIL of at least three (3) valid Municipal, Government
agencies or firms of comparable size that have utilized services that are similar in type and capacity within the last
two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. If
references cannot be confirmed or if any negative responses are received it may result in the disqualification of
submittal.
1. Company's Name
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Name of Contact
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Title of Contact
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E -Mail Address
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Present Address
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City, State, Zip Code
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Telephone Number
{5 -ds,) 3i y, u 11 o Fax Number. ( )
2. Company's Name
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Name of Contact
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Title of Contact
A ,tic CtJ1��
E -Mail Address
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4Present
PresentAddress
01 Ave
City, State, Zip Code
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Telephone Number
($41 ) if 3• -7+d 17- Fax Number: { )
3. Company's Name
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Name of Contact
Gv 4 on. fiA ti L
Title of Contact
/3 S J 7', jC1 R -L! [N 1 d F
E -Mail Address
9 rr, v, 7 -ra.vs 4-c ® Lu jA b, drg
Present Address
�5 O o IV- )D) X 1(.( )41(oN wA y
City, State, Zip Code
LA -,L -*J 1^ 104 L m 4LCA CI� rf4 3 34 0 !
Telephone Number
( 5fe 1 ) S104. L1'70 V Fax Number ( 661 ) e0g. y '7-71
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 13 of 13
City of Round Rock
ROUND ROCK
XA5 Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement of Purchase of Fire Apparatus Testing
Services from Fire One, Inc.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/13/2019
Dept Director: Robert Isbell, Fire Chief
Cost: $46,711.50
Indexes: General Fund
Attachments:
Department: Fire Department
Text of Legislative File CM -2019-0388
National Fire Protection Association (NFPA) standards require annual testing of ground
ladders, aerial ladders, and pumps on fire apparatus. This contract with Fire One Inc. is a five
(5) year contract not to exceed $46,712. Fire One has conducted the Fire Departments ladder
and pump tests for several years and have provided excellent service in these areas. Fire One
reports to the training facility to conduct all testing and they (Fire One) is responsible for
supplying all the equipment needed to conduct the testing except for water which is needed for
pump testing. By using a testing company that uses our facility for testing, apparatus out of
service time is reduced because the apparatus never leaves the City.
Cost., 46,711.50
Source of Funds: General Funds
Clfy of ftund Rock Page i Printed an 12/•13/2019