Contract - Benmark Supply Company - 9/24/2020 CITY OF ROUND ROCK AGREEMENT FOR
THE MANUFACTURING OF
FLANGED METER SPOOL / PUP JOINTS
wrri-I
BENMARK SUPPLY COMPANY INC.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS AGREEMENT for the manufacturing of flanged meter spool / pup joints,
and for related goods and services (referred to herein as the "Agreement"), is made and entered
into on this the MtAday of the rnonth of'Sa 1 2020 by and between the CITY
OF ROUND ROCK., a Texas home-rule municipality, whose offices are located at 221 East
Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and BENMARK
SUPPLY COMPANY INC., whose mailing address is 15405 Highway 29, Liberty Hill, Texas
78642 (referred to herein as the "Vendor").
RECITALS:
WHEREAS, City desires to enter into an agreement for the manufacturing of flanged
meter spool /pup joints; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said services;
and
WHEREAS, the City desires to procure said goods from 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 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 Vendor whereby
City is obligated to buy specified services and Vendor is obligated to provide same. The
Agreement includes the following: (a) City's Invitation for Bid, designated Solicitation Number
20-019 dated May 2020 ("IFB"); (b) Vendor's Response to IFB; (c) contract award; and (d) any
00450020/ss2
exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract
documents shall be resolved by giving preference in the following order:
(1) 'This Agreement;
(2) Vendor's Response to IFB;
(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 means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials,
commodities, or equipment.
K Vendor means Benmark Supply Company Inc., its successor or assigns.
2.01 EFFECTIVE DATE, TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. 'The term of this Agreement shall be 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 selected Vendor to supply the goods as outlined in the Part, IV, Scope of Work, of
the IFB, and the Response to IFB submitted by Vendor as described in Attachment A: Bid Sheet
in Exhibit "A." 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.
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The services which are the subject matter of this Agreement are described in Exhibit "A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
.Agreement as if repeated herein in full.
4.01 ITEMS AWARDED; AND SCOPE OF WORK
Items Awarded. All bid items in Attachment A: Bid Sheet of Exhibit "A" are awarded to
Vendor.
Scope of Work: For purposes of this Agreement, City has issued documents delineating the
required services (specifically IFB 20-019 dated May 2020). Vendor has issued its response
agreeing to provide all. such required services 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.
Vendor shall satisfactorily provide all services described under the attached exhibits
within the contract term specified in Section 2.01. Vendor's undertakings shall be limited to
performing services for City and/or advising City concerning those matters on which Vendor has
been specifically engaged. Vendor 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. In consideration for the services to be performed by Vendor, City agrees to pay
Vendor the amounts set forth in "Attachment A: Bid Sheet" of the attached Exhibit "A."
B. The City shall be authorized to pay the Vendor an amount not-to-exceed Five
Hundred Thousand and No/100 Dollars ($500,000.00) for the term of this Agreement.
6.0.1 INVOICES
All invoices shall include, at a rinninium, the following information:
A. Name and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
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7.01. INTERI.00AL COOPERATIVE CONTRACTING/ PURCHASING
Authority for local governments to contract with one another to per-form certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Govermnent Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and,Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful vendor(s) and
the City. Stich 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 affect such termination by
giving Vendor a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Vendor will be made within thirty (30) days of the day on which City receives the performance,
supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on
which the performance of services was complete, or within thirty (30) days of the day on which
City receives a correct invoice for the performance and/or deliverables or services, whichever is
later. Vendor 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 Vendor, a contractor, subcontractor
or supplier about the goods delivered or the service performed that cause the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. 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
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17. 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 Vendor, cancel this Agreement without liability to Vendor
if it is detennined 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 perforluance of this Agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal, Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
13.01 INSURANCE
Vendor shall meet all insurance requirements set forth Part 11 of No. 20-019 and on the
City's website at:
litti)s://www.roundrocktexas.aov/wp-conteiit/uplods/2014/12/corr insurance 07.2011.2. df
14.01 CITY'S REPRESENTATIVES
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Michael. Thane
Director of Utilities and E"IlVironinental Services
3400 Sunrise Road
Round Rock, Texas 78665
512-218-3236
ii.itliaiie(&,roundrock!exas.g)ov
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 perfionu. In the event that no written assurance is given within the
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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 DEFALJLT
If Vendor abandons or defitults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re-advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to make any payment in full when due;
R Falls to fully, timely and faithfully perform any of its material obligations
under this Agreement;
C. Falls to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
,13. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement 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.
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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
A. Vendor, its agents, employees and subcontractors shall use best efforts to comply
with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock,
as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies.
B. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into 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 the terms of this contract. The signatory executing this Agreement on behalf of
Vendor verifies Vendor does not boycottIsrael and will not boycott Israel during the term of this
Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect, to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
I. When delivered personally to the 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.
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Notice to Vendor:
Berimark Supply Company Inc.
15405 Highway 29
Liberty 1-1111, TX 78642
Notice to City:
Laurie Hadley, City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
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
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation., any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
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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.
'Circe 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 f'or 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.
[Signatures on the following page.]
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IN WITNESS WHEREOF, City and Vendor have executed this Agreernent on the dates
indicated.
City of Round Rock, Texas Benmark Supply Company Inc.
By: M By: /��
Printed Narne: Printed Name: °
TitleM
Elate Signed: Date Signed: �.� ,Ie' 14,AJ ��L>
Attest:
By:
LA
• C _ -
For City41.\�heets,
d as to �orm:
By:
Stela City Attorney
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Exhibit "A"
�aPURCHASING DIVISION SND ROCK TEXAS
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
FLANGED METER SPOOL / PUP JOINT
SOLICITATION NUMBER 20-019
MAY 2020
City of Round Rock Exhibit "A"
Flanged Meter Spool/Pup Joint
IFB 20-019
Class/Item: 967-49
MAY 2020
FLANGED METER SPOOL/ PUP JOINT
PART I
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after"the City" seeks a bid from firms experienced in the
manufacturing of flange to flange spools/pup joints.
2. SOLICITATION PACKET: This solicitation packet is comprised of the following:
lescript"ion
r
Part I — General Requirements Page(s)2-4
Part II — Definitions, Standard Terms and Conditions Page 5
and Insurance Requirements
Part III—Supplemental Terms and Conditions Page(s) 6-8
Part IV—Specifications Page 9
Attachment A—Bid Sheet Page 10
Attachment B— Reference Sheet Page 11
Attachment C— Drawing of Flange to Flange Spools/ Pup Joints Separate Attachment
3. AUTHORIZED PURCHASING CONTACT: For questions or clarification of specifications, you may contact:
Allen Reich
Purchaser
Purchasing Division
City of Round Rock
Phone: 512.218-6682
E-mail: areich(cDroundrocktexas.aov
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.
4. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released May 21, 2020
Deadline for submission of questions June 04, 2020 a@ 5:00 PM, CST
City responses to questions or addendums Approximately June 11, 2020 @a 5:00 PM,
CST
Deadline for submission of responses June 18, 2020 X70 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:
httr)s://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:
hftp://www.roundrocktexas._.qoy/bids.
I'age 2 of 11
�v�'k't "/\x
CdyofRound Rock `-".U°|. , .
Flanged Meter Spool/Pup Joint
|FB12O-019
^ C|aoo/|bem: QG7+4Q
MAY 2020
5. SOLICITATION Respondents shall beresponsible for monitoring the City's website mt
for any updates pertaining tothe solicitation described herein. Various
updates may include addendurns, cancellations, notifications, and any other pertinent information necessary
for the submission ofocorrect and accurate response. The City will not heheld responsible for any further
communication beyond updating the website.
G. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date noted
inPART |. Section 4-Schedule ofEvents. Mail orhand deliver sealed responses to:
City ofRound Rock
Attn: Allen Reich
Purchasing Department
221 E. Main Street
Round Rock, Texas 78G64~529S
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 orelectronically transmitted responses are not acceptable.
C. Responses cannot be altered oramended 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 and/or copies shall beprovided atthe Respondent's expense and shall become the property
of the City.
G. Late responses will not be considered and will be returned unopened, if a return address is provided.
7, The City ofRound Rock makes nowarranty that this checklist isafull
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-to-the-originale|eohonioumpyof
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 ofthe City.
This invitation for bid UFB\ 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
tothis |FBdoes not preclude participation inany future RFP/RFQ/|F8.
For your bid to be responsive, addendurns and the attachments identified below shall be submitted
with your proposal.
E.) Addendums: Addenclums 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 for any updates pertaining tothe solicitation.
o 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.
o Attachment B: REFERENCE SHEET: Provide the nmme, addrese, 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 ofRound Rock references
Page 3 ofll
City ofRound Rock Exhibit "A"
Flanged Meter SpooKPupJoint
|FB2O'O19
'
Class/item: 967-49
MAY 2020
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.
8. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right tV rejectany orall responses, urto
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 ofRespondent and ofRespondent's goods and services;
C� Quality ofthe Respondent's goods and services;
D� The extent towhich 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 inthe solicitation,
K If the solicitation iaevaluated with points, the respondent must earn a minimum of 15 points oncriteria
not related tocost inorder tVbmconsidered for contract award.
Respondents may be contacted for clarification of bid and/or to discuss details ofthe services they are
proposing.
S. CONFIDENTIALITY OF CONTENT: As stated in Section 16 nfCity ofRound 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 ovvard, 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 Aut. 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 atemped, 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 request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shu||, upon request from the City, furnish aufficientwrittmn 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.
10. 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 orsub-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 nfRound Rock.
11. Section 2252.908 of the Texas Government Code requires the
successful offeror to complete Form 1205 "Certificate of Interested Parties" that is signed for 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 ofperjury prior to
final contract execution. Link toTexas Ethics Commission VVmbpo0m:
yago4ofll
City ufRound Rock Exhibit "A"
Flanged Meter Spool/Pup Joint
|FB,2U-0l9
Class/item: 967-49
MAY 2020
PART 11
DEFINITIONS, STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
1, Bysubmitting eresponse tothis 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 baviewed and downloaded from the City's website at:
2. : 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: .
Page 5ofll
���.�� "�"
City of Round Rock Exhibit.|�.` , .
Flanged Meter SpooKPupJoint
|FB.2O-019
Class/Item: 967-49
MAY 2020
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 t*nn of the Agreement shall begin from date of award and shall remain in full force for sixty(SO)
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
upto9Odays.
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. Be firms, corporations, individuals or partnerships normally engaged in manufacturing of flange to
flange spools /pup joints as specified herein and have adequate organization, facilities, equipment,
financial capability, and personnel to ensure prompt and efficient service to the City;
B. 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;
C. Bedomiciled inorhave ahome office inside the United States. Respondents domiciled outside the
United States, Vrnot having o home office inside the United States will not be included for consideration
in this procurement process.
3. : Respondent shall not subcontract mrotherwise engage subcontractors h/ perform
required services. The City seeks to do business directly with a company experienced in manufacturing of
flange byflange spools/pup joints.
4. : The City reserves the right toremove any employee from City property for violation offederal,
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,
oofnty, 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 ordamage toany persons orproperty within and around the work site. |ncase ofconflict, 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.
WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional and efficient manner;
B. Employ all personnel for work in accordance with the requirements set forth by the United States
Department VfLabor. The City reserves the right to verify citizenship or right to work in the United
States.
Page 6nfll
City oJRound Rock Exhibit "A"
Flanged Meter Spool/Pup Joint
|FB2O-019
C|mae/kmm� QG7~4S
MAY 2020
5. 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
mainb*nanca, demurrage, fuel eurohmrgaa, delivery charges, costs associated with obtaining permits,
insurance, bonds and risk management. Noseparate line item charges shall bmpermitted for either response
mrinvoice purposes.
6, PRICE INCREASE: Contract prices for manufacturing offlange tmflange spools/ pup joints shall remain firm
throughout the initial twelve (12) month term ofthe contract. Aprice increase tothe 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 10% for any single line item.
A. Consumer Price Index(CPQ: Price adjustments will bemade inaccordance with the percentage
change in the U.S. Department of Labor Consurner 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 bmallowed. The Consumer Price Index (CP|) isfound atthe Bureau of
Labor Statistics, Consumer Price Index website: .
B. Procedure toRequest 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 ofRound Rock
contract number, solicitation reference information and contact information for the authorized
representative requesting the increase. Price increase requests shall be sent bymail to:
City ofRound Rock
Purchasing Department
Attn: Contract Specialist
221East 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.
7. PERFORMANCE REVIEW: TheCityresen/estherighttorevievvthemvvmrdedrespondenUe) performmnoeat
any time during the contract term,
8. 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 tothe City. If any agreement or
purchase order is cancelled for non-acceptance, the needed services may be purchased elsewhere.
9. 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.
A. A city representative will contact the successful respondent by email,fax, or telephone to place an order
for each piece.The request will include the specific dimensions needed for each order.
B. Aminimum order quantity will not bepermitted.
Pugn7uIll
City ofRound Rock Exhibit ^A"
Flanged Meter SpooKPupJoint
|FB12O-01g
C|oao/|ham: 987-49
MAY 2020
10. 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-ewand, or use any combination that best serves the interest
and atthe sole discretion ofthe City. Respondents b)the solicitation will benotified when City staff
recommendation mfaward has been made. The award announcement will beposted tothe City's website et
once City Council has approved the
recommendation ofaward and the agreement has been executed.
11. POST AWARD MEETING: The City and successful Reapondent/a> may have upost award meeting t*
disouma, but not be limited to the following:
A. The method toprqvideasmomUlondurdedybenoidonofsemioesperfonnedhnmthecunent
contractor;
O. Provide City oontnd(s) information for implementation ofagreement.
C. Identify specific milestones, goals and strategies tmmeet objectives.
12. :
A. Contractor's point ofcontact: In order to maintain consistent standards ofquality work performed
across the City, the City shall be provided with a designated and identified point of contact upon award
ofthe contract toinclude contact information. The City's designated representative shall banotified by
the Respondent immediately should the point nfcontact change.
B. The City's designated representatives:
Brandon Reiner
Logistics Officer
Utilities & Environmental Services
513-639-3046
Joseph Rendon
Meter Services Supervisor
Utilities & Environmental Services
513-218'5575
13. INTERLOCAL PURCHASING AGREEMENTS
A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the
Interlocal Cooperation Act, Chapter 791of the Texas Government Code. The Contractor agrees tooffer
the same price and terms and conditions tuother eligible agencies that have aninterlocal agreement
with the City.
B. The City does not accept any responsibility or liability for the purchases by other government agencies
through aninterlocal cooperative agreement
I)ugc8ofll
��,�'�'fo�"
CkyofRound Rock ^_' .U�|. , .
Flanged Meter Spool/Pup Joint
|FB,2O-019
Class/Item: 967-49
MAY 2020
PART IV
SPECIFICATIONS
1. Introduction: The City of Round Rock, herein after"the City" seeks a bid from firms experienced in the
manufacturing offlange tVflange spools/ pup joints.
2. Background: The City has transitioned from e |arger, outdated water meter to a newer octave style meter.
The transition has left a significant gap due to the size difference of the new meter. The spool piece /pup joint
will act as retrofit kit to bridge this gap. The meterepoo|/pup joint pieces will range from 3^ to 8" pipe diameter
with varying lengths from 8^to17.^
3. Contractor Responsibilities:
A. All pieces require a 2" National Pipe Thread (NPT)testing port to be seal welded in the center of the
meter spoo!/pupjoint;
B. Each piece shall be made of 304 stainless steel unless otherwise noted;
C. Flanges shall be ANSI compliant using the set standards for water distribution
D. Flange Dimensions hobePer AVVVVAC11O
E. Flanges shall beseal welded topipe;
F. All pieces shall besuitable for potable water;
G. All delivery orshipping costs shall be included in the bid prima provided;
H. All pieces shall benew and assembled unless otherwise specified;
L Contractor shall provide a detailed quote for all products and services before work is performed.
4. City Responsibilities: The Cih/wiU-
A� Provide the contractor with exact measurements for each spool piece;
B� Reserve the right to inspect each piece for accuracy and quality. The city reserves the right to refuse
any product that does not meet the set standards;
C. |fpractical, the City can pick uporders,
Page 9nfll
����'��'f "�n
(�ityofRound Rock ^_°^U�|. , .
Flanged Meter Spool/Pup Joint
|FB2O-018
C|eso/|tmm: QG7-48
MAY 2020
ATTACHMENT
BID SHEET
1. is posted in Solicitation Documents for IFB 20-019 Flanged Meter Spool/Pup
Joint|nmnExcel format onthe City ofRound Rock website at:
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 4—Schedule ofEvents.
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 byreference, and agrees tobebound bythe 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: .
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 ofthis State, codified inSection 15.O1 etaeq.. Texas Business and Commerce Code,
or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any
competitor orany other person engaged insuch line Vfbusinesm."
E. The Respondent agrees, if this Offer is accepted within 120 calendar days after the Due Date, tofully
comply in strict accordance with the Solicitation, specifications and the amounts shown on bid sheet.
Page lOo[ll
Attag4lkll�;Xheet
Flanged Meter Spool/Pup Joint
lFB 20-019
The Respondent represents by their signature below that they are submitting a binding offer and are authorized to bind the respondent to fully comply with
the solicitation documents contained in IFB 20-019 Flanged Meter Spool/Pup Joint.The Respondent acknowledges that they have 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, Alternative bids will not be considered and unauthorized 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 quantities indicated below,
M
�'De Mon
40 SCtd �Onit, Unit`c Oat
E'
1 3"304 stainless steel meters pool/pup joint(8"length) 10 ea $291.00 $2,910.00
2 3"304 stainless steel meters pool/pup ioint(9"length) 10 ea $291.00 $2,910.00
3 3"304 stainless steel meters pool/pup joint(10"length) 10 ea $291.00 $2,910.00
4 3"304 stainless steel meters pool/pup joint 11'"length) 10 ea $291.00 $2,910.00
5 3"304 stainless steel meterspool/pup joint(12"length) 10 ea 1 $291.00 $2,910.00
6 13"304 stainless steel maters pool/pup joint(13"length) 10 ea $300.00 $3,000.00
7 3"304 stainless steel meters pool/pup joint(14"length) 10 ea $300.00 $3,000.00
8 3"304 stainless steel meters pool/pup joint(15"length) 10 ea $300.00 $3,000.00
9 X 304 stainless steel meters pool/pup joint(16"lenqth) 10 ea $300.00 $3,000.00
10 13"304 stainless steel meters poolipup joint(17"length) 10 ea $300.00 $3,00U0
11 4"304 stainless steel meters pool/pup loint(8"lenath) 6 ea $350.00 $2,100.00
12 4"304 stainless steel meters pool/pup joint(9"length) 6 ea $350.00 $2,100.00
13 4"304 stainless steel meters pool/pup joint(10"length) 6 ea $350.00 $2,100,00
14 14"304 stainless steel meters pooUpup joint(11"length) 6 ea $350.00 $2,100.00
15 4"304 stainless steel meters pool/pup Joint(12"length) 6 ea 1 $350-00 $2,10U0
16 4"304 stainless steel meters pool/pup joint(13"length) 6 ea $365.00 $2,190.00
17 4"304 stainless steel meters pool1pup joint(14"length) 6 ea $365.00 $2,190.00
18 14"304 stainless steel meters pooVpup'oint(15"length) 6 ea $365.00 $2,190.00
19 4"304 stainless steel meters poot1pup joint(16'length) 6 ea $365.00 $2,1190,00
20 4"304 stainless steel meters pool/pup joint(17"length) 6 ea $365.00 $2,190.00
21 6"304 stainless steel meters pool/pup joint(8"length) 4 ea $4160O0 $1,920.00
22 16"304 stainless steel meters pool/pup joint(9"length) 4 ea 1 $480.00 $1,920.00
23 6'304 stainless steel meterspool/pup joint(110"length) 4 ea $480.00 $1,920.00
24 V'304 stainless steel meters pool/pup Joint(11"length) 4 ea $480.00 $1,920.00
25 6"304 stainless steel meters pool/pup joint(12"lencith) 4 ea $480.00 $1,920,00
26 16"304 stainless steel meters pool/pup joint(13"length) 4 as $510.00 $2,040.00
27 6"304 stainless steel meters pool/pup joint(14"length) 4 ea $510.00 $2,040.00
28 6"304 stainless steel meters pooL/pup jDint(15"length) 4 ea $510.00 $2,040.00
29 6"304 stainless steel meters ppoll pup joint(16"length) 1 4 ea $510.00 1 $2,040.00
loft
Attar )BWheet
Flanged Meter Spool Pup Joint
lFB 20-019
30 6"304 stainless steel rneters�J/ u jcqt17'Llengthy
4 ea $510,00 $2,040,00
ea 5710.00 $2,840,00
32 8"304 stainless steel meterspoat/pup join4
ea 5710.00 $2,840.00
33 8"304 stainless steel met U,
meters joint 10"'len th . 4 ea $710.00 $2,840.00
34 8'304 stainless steel mete rspoollp, joint 11" th . 4 ea $710,00 $2,840.00
35 8"304 stainless steel rneteE§p2ol/pup joinjjj,� lone. 4 ea $710.00 $2,840,00
36---8"304 stainless steel meterspool/pup ioint(1 3'Lj2Dg±L_ 4 ea $750.00 $3,000,00
37 8"304 stainless steel meters poat!pup joint(14"lenqth) —------A— ea— $750.00 $3,000.00
36 8"304 stainless steel meters,ool/ u loint(15"len th 4 ea $750.00 $3,000.00
39 8"304 stainless steel rneLeLs4 ea 1 $750,00 $3,000.00
40 8"304 stainless steel rnetersPOO11PLIP joint(17"length) 4 ea $750.00 $3,000.00
--------- Annual Total: $100,000.00
COMPANY NAME: Benmark 9ubnlv Cc Inc
SIGNATURE OF AUTHORIZED REPRESENTATIVE:
PRINTED NAME: Woodrow�Io
PHONE NUMBER: 512-902-7403
EMAIL ADDRESS:
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