Contract - Round Rock Industrial Equipment - 9/28/2023 (2) EXHIBIT
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CITY OF ROUND ROCK AGREEMENT
FOR THE REPLACEMENT OF LOCKERS
AT THE POLICE DEPARTMENT
WITH
ROUND ROCK INDUSTRIAL EQUIPMENT CO.
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This Agreement is for the replacement of locker room lockers at the Police Department
and is referred to herein as the "A eement." This Agreement is made and entered into on this
the —day of the month o X 2023, by and between the CITY OF ROUND
ROCK, TEXAS, a home-rule munic pali�ty whose offices are located at 221 E. Main St, Round
Rock, Texas 78664, referred to herein as the "City," and ROUND ROCK INDUSTRIAL
EQUIPMENT CO., whose mailing address is P.O. Box 2001, Round Rock, Texas 78680,
referred to herein as "Vendor."
RECITALS:
WHEREAS, City desires to replace the locker room lockers at the Police Department;
and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties
mutually agree as follows:
1.0 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City agrees to buy specified goods and services and Vendor agrees to sell said goods and provide
said services. The Agreement includes the following: (a) City's Invitation for Bid designated
Solicitation Number 23-027 ("IFB"); (b) Vendor's Response to IFB; (c) contract award; and (d)
any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the
contract documents shall be resolved by giving preference in the following order:
4859-804&322Ms2
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(1) This Agreement;
(2) Vendor's Response to IFB; and
(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. Goods and Supplies mean the specified supplies, materials, commodities, or
equipment.
E. Vendor means Round Rock Industrial Equipment Co., or any successors or
assigns.
2.0 EFFECTIVE DATE AND 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 term of this Agreement shall be from the effective date hereof until
successful completion of the work as accepted by the City.
C. The City reserves the right to review the relationship at any time, and may
election to terminate this Agreement with or without cause or may elect to continue.
3.0 ITEMS AWARDED
A. The goods and services which are the subject matter of this Agreement are
described generally in the attached Exhibit"A."
B. This Agreement shall evidence the entire understanding and agreement between
the parties and shall supersede any prior proposals, correspondence or discussions.
C. Vendor shall satisfactorily provide all deliverables described in Exhibit "A"
within the contract term specified. A change in the Scope of Services or any term of this
Agreement, including bonding requirements, must be negotiated and agreed to in all relevant
details, and must be embodied in a valid Supplemental Agreement as described herein.
4.0 COSTS
A. City agrees to pay for goods and related services during the term of this
Agreement at the pricing set forth in Exhibit"A."
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B. The City shall is authorized to pay the Vendor an amount not-to-exceed One
Hundred Thousand Nine Hundred Five and No/100 Dollars ($100,905.00) for the term of
this Agreement.
5.0 INVOICES
All invoices shall include, at a minimum, the following information:
1. Name and address of Vendor;
2. Purchase Order Number;
3. Description and quantity of items received; and
4. Delivery dates.
6.0 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then-current fiscal year.
7.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251,V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
1. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
2. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
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4. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
8.0 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without liability to Vendor
if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or
otherwise were offered or given by Vendor or its agents or representatives to any City officer,
employee or elected representative with respect to the performance of this Agreement. In
addition,Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
9.0 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
10.0 INSURANCE
Vendor shall meet all City of Round Rock insurance requirements set forth at:
http://www.roun drocktcxas. *ovrw -content/up loads,2014112fcorr insurance 07.20112., df.
11.0 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Hayden Schiller
Superintendent—Building Construction
General Services Department
212 Commerce Boulevard
Round Rock, TX 78664
(512)218-6615
pschiller a,roundrocktexas.gov
12.0 DEFAULT
Vendor shall be declared in default of this Agreement if it does any of the following and
fails to cure the issue within thirty (30) days of receipt of written notice:
A. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance"section herein; or
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C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States,
and is unable to perform its material obligations under the Agreement.
13.0 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause,upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
14.01 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.
15.0 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 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
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written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Vendor verifies Vendor does not boycott Israel and will not boycott
Israel during the term of this Agreement.
C. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Vendor verifies Vendor does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association, and
it will not discriminate during the term of this Agreement against a firearm entity or firearm trade
association.
D. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement. The signatory executing this Agreement on
behalf of Vendor verifies Vendor does not boycott energy companies, and it will not boycott
energy companies during the term of this Agreement.
16.0 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
17.0 NOTICES
All notices and other communications in connection with this Agreement shall be
in writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Round Rock Industrial Equipment Co.
P.O. Box 2001
Round Rock, Texas 78680
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Notice to City:
City Manager Stephanie L. Sandre, 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.
18.0 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.
19.0 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.
20.0 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.
21.0 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.
22.0 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
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accepted industry practices.
Time is of the Essence. The parties agree that, from time to time, certain unique
transactions may have special requirements relative to timing and, accordingly, the parties will
identify those transactions and exercise best efforts to accomplish those transactions within the
stated timeframe. Other timing requirements will be met in a commercially reasonable manner.
Where damage is caused to City due to Vendor's failure to perforin in the special timing
requirement 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.
Binding Agreement. This Agreement shall extend to and be binding upon and inure to
the benefit of the parties' respective heirs, executors, administrators, successors and assigns.
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 Agreement on the dates
indicated.
Round R ck Industrial Equipment Co.
By:
Printed Name: Charles Culpepper
Title: owner
Date Signed: august 23,2023
City of Roun Rock,Texas
By. _ M /
Printed Name: DACVEf j,'
Title:
Date Signed:
For City,Attest:
Meagan Spi s, City -lerk
For City,Approved as to Form:
B
Stephanie L. Sandre, City Attorney
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Exhibit"A"
ROUND ROCK TEXAS
PURCHASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrockt�gov
INVITATION FOR BID (IFB)
POLICE DEPARTMENT LOCKER ROOM LOCKER
REPLACEMENTS
SOLICITATION NUMBER 23-027
JUNE 2023
City of Round Rock Exhibit "A"
Police Department Locker Room Locker Replacements
IFB 23-027
Commodity Code: 605-161936-36
June 2023
POLICE DEPARTMENT LOCKER ROOM LOCKER REPLACEMENTS
PART
GENERAL REQUIREMENTS
1. PURPOSE AND BACKGROUND: The City of Round Rock,herein after"the City"seeks proposals from
firms experienced in locker room locker replacements for the Police Department
Most lockers in the men's and women's locker rooms are 1-Tier style metal lockers. To accommodate the
growing department,we need to replace all existing lockers with 2-Tier style lockers.To preserve the current
linoleum flooring, we will match the existing locker placement layout as much as possible (see building
drawings). In addition to new lockers,we will also replace locker room bench tops and install new ones on
existing pedestals.The proposal should account for the removal of existing lockerslbench tops/built-in ADA
benches, delivery/receiving of new units, installation,and hauling off trash (excluding old lockers).
2. SOLICITATION PACKET: This solicitation packet is comprised of the following-
Descripllon Index
Part I—General Requirements Page(s)2-5
Part II—Definitions, Standard Terms and Conditions,and Insurance Page 6
Requirements
Part III—Supplemental Terms and Conditions Page(s)7-8
Part IV—Scope of WorklSpecificatlons Page(s)9-11
Attachment A—Reference Sheet Separate Attachment
Attachment B—Subcontractor Information Form Separate Attachment
Attachment C—Bid Sheet Separate Attachment
Attachment D—Pictures and floor plans Separate Attachment
3. SCHEDULE OF EVENTS: It Is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released June 7,2023
Deadline for submission of questions June 22,2023, @ 5:00 PM,CST
City responses to questions or addendums Approximately June 25,2023 @ 5:00 PM,CST
Deadline for submission of responses I July 6,2023 @ 3:00 PM,CST
All questions regarding the solicitation shall be submitted through Bonfire 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:
https:ilroundrocktexa s,bonfi rehub.com
The City reserves the right to modify these dates.Notice of date change will be posted to the City's website:
https://roundrocktexas.bonfirehub.com
4. SOLICITATION UPDATES: Respondents shalt be responsible for monitoring the City's website at
htts:/Iroundrocktexas.bonfiireh b.com 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.
Page 2 of 11
City of Round Rock Exhibit "A"
Police Department Locker Room Locker Replacements
IFB 23-027
Commodity Code:605-161936-38
June 2023
5. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM,on the due
date noted In PART I,Section 3—Schedule of Events. The Offeror shall respond via the City's electronic
bidding platform,Bonfire:httns:l/roundrocktexas.bonfirehub.com
A. This request for proposal(RFP)does not commit the City to contract for any supply or service.
B. No paper or submittals outside of Bonfire will be accepted by the City.
C. Responses cannot be altered or amended after digital 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 be provided at the Respondent's expense and shall become the property
of the City.
G. RESPONDENT OYALIFICATIONS: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. Must have a physical office In Central Texas
B. Be firms,corporations,Individuals,or partnerships normally engaged in providing storage locker
replacements as specified herein and have adequate organization,facilities,equipment,financial
capability,and personnel to ensure prompt and efficient service to the City.
C. In order to confirm financial stability,the City may choose to review audited financial statements at any
time throughout the RFP evaluation process. Upon request,the Respondent shall provide two years
audited financial statements,including any notes or supplemental schedules within 2 business days of
the original request.
D. The Respondent shall include in the proposal a list of all litigation the company or its principals have
been involved in within the last three(3)years.
E. 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 RFP process.
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:htlns:/lroundrocktxvendors.munisselfservice.comNendorsldefault.asox
7. RESPONSE REQUIREMENTS:The Respondent, by electronically submitting their Offer,acknowledges
that he/she is an authorized representative of the Vendor, 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. The Respondent shall Include the following information with their bid response:
❑ Attachment A—Reference Sheet
❑ Attachment B—Subcontractor Information Form(if applicable)
❑ Attachment C—Bid Sheet
❑ Acknowledged Addenda(if applicable)
8. 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 informalitles 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 Clty. In determining best value,the City may
consider:
A. Purchase price.
B. Reputation of Respondent and of Respondent's goods and services.
C. Quallty of the Respondent's goods and services.
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City of Round Rode Exhibit "A"
Police Department Locker Room Locker Replacements
IFB 23-027
Commodity Code:805-16/936-36
June 2023
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.
H. ff the solicitation is evaluated with points,the respondent must earn a minimum of 15 points on criteria
not related to cost in order to be considered for contract award.
Respondents may be contacted for clarification of bid andlor to discuss details of the services they are
proposing.
9. 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:
httg)s:/Avww.ethic.s.state.tx.us/wha(snew/elf info form1295.htm
10. EX PARTE,gMUNICATION: Please note that to insure the proper and fair evaluation of a bid,the City
of Round Rock prohibits ex parte communication(e.g.,unsolicited)initiated by the Bidder to the City
Official, Employee,City Consultant,or Evaluation Team member evaluating or considering the bids prior to
the time a bid decision has been made. Communication between Bidder and the City will be initiated by the
appropriate City Official or Employee in order to obtain information or clarification needed to develop a
proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the
offending Bidder from consideration or award of the bid then In evaluation,or any future bid.
11, OPPORTUNITY TO PROTEST:The Purchasing Manager for the City of Round Rode("City"),In
consultation with the City Attorney,shall have the authority to settle or resolve any dispute concerning the
solicitation or award of a contract.The Purchasing Manager may soliclt written responses to the protest
from other interested parties. The aggrieved person must prepare his or her complaint in writing and send it
by electronic mail to the City's Purchasing Department at protes!Groundrocktexas.,gov.
In the event of a timely protest,the City shall not proceed further with the solicitation or award of a contract
unless It is determined that the award must take place without delay,to protect the best interests of the City.
The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to
comply with any of these requirements,the Purchasing Office may dismiss your complaint or protest.
A. Pdor to Offer Due Date: If you are a prospective offeror for the award of a contract("Offeror")and you
become aware of the facts regarding what you believe is a deficiency in the solicitation process before
the due date for receipt of offers in response to a solicitation("Offers"),you must notify the City in
writing of the alleged deficiency before that date,giving the City an opportunity to resolve the situation
prior to the Offer due date.
B. Aker Offer Due Date: If you submit an Offer to the City and you believe that there has been a
deficiency In the solicitation process or the award,you have the opportunity to protest the solicitation
process,or the recommended award as follows:
I. You must file a written notice of your intent to protest within four(4)working days of the date that
you know or should have known of the facts relating to the protest. If you do not file a written notice
of intent within this time,you have waived all rights to protest the solicitation process or the award.
ii. You must file your formal written protest within ten(10)working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. if you know of the facts before those dates,you must notify the City as stated in
section(A)above.
iii. You must submit your protest In writing and must include the following information:
a. your name,address,telephone number,and email address.
b. the solicitation number.
c. a specific identification of the statutory or regulatory provision that you are alleging has been
Page 4 of 11
City of Round Rock Exhibit "A"
Police Department Locker Room Locker Replacements
IFB 23-027
Commodity Code: 805-161936-36
June 2023
violated.
d. a detailed statement of the factual grounds for your protest,including copies of any relevant
documents.
e. a statement of any Issues of law or fact that you contend must be resolved;and
f. a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City's review.
C. Receipt of Timely Protest: When the City receives a timely and complete written protest,the
Purchasing Manager,with assistance from the City Attorney, shall make one of the following
determinations:
I. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination.The City will prepare updated
solicitation documents and will re-solicit.
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter.The reasons for the determination will be presented In the letter.
ill. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination.However,the awarded contract will not
be canceled.As needed,corrective actions may be taken with purchasing or any other pertinent
City staff.
iv. A determination will usually be made within fifteen(15)business days after receipt of the formal
protest.
v. Any written decisions by the Purchasing Manager shall be the final administrative action for
the City.
All documentation pertaining to a protest will be kept on file at the City and are subject to open records
requests.
Page 5 of 1 t
City of Round Rock Exhibit "A"
Police Department Locker Room Locker Replacements
IFS 23-027
Commodity Code:805-16/936-36
June 2023
PART II
DEFINITIONS,STANDARD TERMS AND CONDITIONS
AND INSURANCE REQUIREMENTS
1. DEFINITIONS,STANDARD TERMS AND CONDITIONS:By submitting a response to this solicitation,the
Respondent agrees that the City's Definitions and 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. These can be obtained from the City's website at:
https://www.roundrocktexas.aov/city-departmeni&urchasing/. In addition,the Supplemental Terms and
Conditions listed in Section III,shall also be enforced as part of the contract.
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: https://www.roundrocktexas.gov/city-departments/purchasing/
Page 6 of I 1
City of Round Rock Exhibit "A"
Pollce Department Locker Room Locker Replacements
tF8 23-027
Commodity Code: 805-161936-36
June 2023
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 until completion of
Installation and payment of invoices.
B. 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.
C. 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. SUBCONTRACTORS: If Subcontractors will be used the Respondent Is required to complete and submit
with their proposal response Attachment B: Subcontractor Information Form.The Contractor shall be fully
responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible
for the Contractors own acts and omissions.The Contractor shall:
A. Require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the
provisions,specifications,and terms of the Contract.
B. Require that all Subcontractors obtain and maintain,throughout the term of their agreement,primary
Insurance in the type and amounts specified for the Contractor,with the City being named as an
additional insured; and
C. Require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor
is required to indemnify the City.
D. Awarded Contractor is required to submit a list of all subcontractors for approval by the City prior to use of
any subcontractors throughout the term of the contract.
3. LIQUIDATED DAMAGES:Time is of the essence in the performance of the contract;therefore,the
Contractor shall strictly adhere to the Contract delivery schedule. No charges in the delivery schedule shall be
effective unless In writing executed by both City and the Contractor.The parties agree that if,due to no fault
of the City,delivery of any material or performance of any service is delayed beyond the time specified in the
Contract,the actual damages sustained by the City because of such a delay will be uncertain and difficult to
determine,and that the reasonably foreseeable damage incurred by the City agrees to stipulate to be$100
per calendar day.The Contractor therefore agrees to pay,and the City agrees to accept, as liquidated
damages,the sum of$100 per calendar day for each calendar day of delay.
4. 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 Contractor's obligations under this
paragraph.
S. 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.
Page 7 of 11
City of Round Rock Exhibit "A"
Police Department Locker Room Locker Replacements
IFB 23-027
Commodity Code:805-161936-36
June 2023
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.
6. 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.
7. ACCEPTANCEIINSPECTION: Acceptance/Inspection should not take more than five(5)working days.The
Contractor 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 Contractor 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.
8. PERFORMAN E REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
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.
16. 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://roundrocktexas.bonfiirehub.com once City Council has approved the recommendation of award and the
agreement has been executed.
11. 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.
12. 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: The City's designated representative shall be:
Hayden Schiller
Project Manager
General Services
Phone:(737)-3296596
E-mail: pschiller(aroundrocktexas.gom
C. Do not contact the individual listed above with questions or comments regarding this solicitation during
the solicitation.
Page 8 of 11
City of Round Rods Exhibit "A"
Police Department Locker Room Locker Replacements
IFB 23-027
Commodity Code:805-161936-36
June 2023
PART IV
SPECIFICATIONS AND SCOPE OF WORK
1. PURPOSE AND BACKGROUND: Most lockers in the man's and women's locker rooms are 1-Tier style
metal lockers.To accommodate the growing department,we need to replace all existing lockers with 2-Tier
style lockers.To preserve the current linoleum flooring,we will match the existing locker placement layout as
much as possible(see building drawings). In addition to new lockers,we will also replace locker room bench
tops and install new ones on existing pedestals.The proposal should account for the removal of existing
lockersibench topslbuilt-in ADA benches,deliverytreceiving of new units,installation,and hauling off trash
(excluding old lockers).
2. DELIVERY ADDRESS: The Contractor shall-
A. Services shall be performed at the following location:
Police Department
2701 N Mays St,
Round Rock,Texas 78861
B. Delivery shall occur at the loading dock at the southeast end of Police Department Building.'There is a
large, covered loading dock adjacent to the locker room area of the bullding.(see Attachment D-Pictures
and Floor Plans).This dock will be used for locker assembly and storage during the project.
3. LOCKER REQUIREMENTS:
A. The Police Department currently has the following lockers:
I. Mens'Room
a) (170)total 18"(w)x 21"(d)x60"(h)
b) (1)ADA style built-in bench
c) (9)5'floor mounted locker room benches
Ii. Women's Room
a) (47)total l8"x21"x60"
b) (1)ADA style bench
c) (1)5'floor mounted locker room bench
B. The lockers should be replaced with Penco Vanguard—Metal Storage Lockers The City will consider
comparable products or a Buyers Approved Equal. Please indicate the Buyers Approved Equal on
Attachment C-Bid Sheet.
C. The new lockers/benches should meet the following requirements:
1. 2-Tier
Ii. Continuous slope top
iii. Aluminum Number plate
iv. Recessed base
v. Louvered
vi. Filler pieces as needed.
vii. Finished end panels as needed.
All. Finish:standard powder coat
ix. Color: Forest Green(or comparable color if other product selected)
x. ADA symbols as applicable(5%of individual units should be ADA)
A. Lockers to Include painted coat rod and J-hook(Color: Champagne)
AL ADA lockers(lower opening oft-Trey lockers)to have shelf installed at 15"above floor.
Ali.20"x42"free-standing ADA bench w/back support in each locker room
Page 9 of 11
City of Round Rock Exhibit "A"
Police Department Locker Room Locker Replacements
IFB 23-027
Commodity Code:805-161936-36
June 2023
xiv. Recessed stainless steel accent hasp lock.
xv. Bench Tops: laminated hardwood w/dear lacquer finish w/rounded corners(9.5"x60')
D. To match existing locker placement layout;,we suggest the following dimensions and
quantities for each locker room (contractor to verily recommendation in Aeldt
I. Men's Room
a) (8) 15"x21"06'/72"2-tier lockers
b) (162) 18'1x21"x36-/72"2-tier lockers
c) (1)free standing ADA bench 20"x42"
d) (17)ADA lockers(/ower unit at end of rows)
ii. Women's Room
a) (47) 18"41706"/72"2-tier lockers
b) (1)free standing ADA bench 20'x42"
c) (4)ADA lockers(lower units at end of row)
4. DESIGNATED CONTACT PERION: In order to maintain consistent standards of quality work performed
across the City,the City shall be provided with a designated and identified crew leaderipoint of contact(POC)
upon award of the contract.
A. The City shall be provided with the designated person's name and telephone number.
B. This contact person shall remain the same throughout the term of the contract or upon termination of the
contact person. If a change has been made in the contact person due to Internal personnel changes,the
City's designated representative shall be notified by the Contractor Immediately at the time of the change.
NO substitutions of key personnel shall be permitted without written approval of the authorized City's
designated representative.
C. The contact person shall be identified in the solicitation response and may be required to attend an oral
presentation to the selection team prior to award of contract.
D. The Contractor shall provide the City with a secondary POC if the primary POC will be unavailable
5. WARRANTY:Successful Respondent shall provide at minimum a one(1)year warranty on all workmanship
and parts Including but not limited to manufacturer's warranty,workmanship defects,and installation.All
warranty work shall be completed within five(5)working days from notice of defect.
6. SERVICE REQUIREMENTS:The Contractor shall-
A. Upon award,Contractor will field verify the dimensions of both rooms.
B. Provide City with expected lead times specifically:
I. Number of days from Order approval until delivery
ii. Number of days from commencement of work until project is fully complete
C. Provide forklift for receiving delivery onto loading dock (shade structure will not allow for semi-truck to
back up Rush to the dock).If rental equipment is required please list that on Attachment C Bid Sheet
D. Remove existing lockers from locker rooms,disassemble,and stage lockers at this loading dock for haul
off coordinated by owner.
E. Thedocility is available 24/7_.Work schedule may be formed at vendor's discretion to complete project as
efficiently as possible.
F. Provide floor protection.
G. Work should be continuous until project is completed.
H. Complete Installation for both rooms within 4 weeks unless otherwise approved by City Point of Contact.
I. Complete background checks of all assigned staff will be necessary for entry Into PD facilities.
J. If needed,job trailer can be left on site for duration of the project
Page 10 of t i
City of Round Rock Exhibit "A"
Police Department Locker Froom Locker Replacements
iFB 23-027
Commodity Code:805-161936-36
June 2023
7. CONTRACTOR RESPONSIBILITIES:The Contractor Shall:
A. Coordinate delivery and installation with City Point of Contact
8. Property dispose of all rubbish and waste materlals according to applicable federal, state,and local
health,safety,and environmental laws, ordinances,rules,and regulations.
C. Work shall not be initiated without the City's consent in the form of a formal PO number.
D. Maintain Communication-Communication is vital to the City of Round Rock.The City requires timely
communication throughout the entire job process.The City understands that lead times can vary
depending upon the size,manufacturer,and difficulty of the required tasks.
6. CITY RESPON31BILITIlES:The City will-
A. Provide the Contractor with a complete and accurate project overview with the request for estimate.
B. Coordinate scheduling with the Contractor.
C. Ensure work area Is reasonably free of safety hazards.
D. Provide access to locations where services are required.
E. Provide local vehicle parking and access to the work areas. If suitable parking cannot be furnished by the
City,the Contractor shall arrange for off-site parking and transportation totfrom the work site.
F. Provide reasonable access to power and water utilities as needed to complete the project.
G. Inspect work performed to ensure compliance with the scope of work.
H. Review all invoices to ensure accuracy.
Page 11 of 11
Attachment C-Bid Sheet
Police Department Locker Room Locker Replacements
IFS 23-027
The Respondent represents r signature below thall they are Mfflng a Ming offer R are zed to bind the respondent to My comply with
the sollcitation documents contained in IFS 23-027 Police Department Locker Room Locker Replacements.The Respondent acknowledges that they have
received and read the entire sdidtatton 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 modtficatkms to the bid sheet format will result in the rejection of
tfthe bot.TheCity reserves the dahl to purchase more or less than the quantities Indicated below.
No. Draorlption Estirriated tlntt unit Coat Extended Total
Quantity
1 Penco Van uard Men's Lockers 18' w x 21' d x 6(' h 170 Each 50.00
Buyers Approved Equal:Make/Model:
170
2 Penco YmNumd Men's ADA SUXe built-in with Bench Locker 1 Each 50.00
Buyers Approved Equal:Mak&Wodel:
1
3 Penco Vanguard Mens S'floor mounted locker roan benches 9 Each $0.00
Buyers Approved Equal:MakeNodel:
a
4 Penco Vanguard Women's Lockers 47 Each 0.00
Buyers Approved Equal:MakelModel:
47
5 Penco Vanguard Womene ADA style bench Locker 1 Each $0.00
Buyers Approved Equal:llMakeNodel:
1
6 Penco Varatard Womens S Sm mounted locker room bench 1 Each $0.00
Buyers Approved Equal:MakelModel:
1
7 Labor—Removal/Stagina of Old 16 Hour O.01)
8 Labor—Installation of New Lockers e0 Hour 50.00
9 Dell ecely!"a 1 Each $0.00
10 1 Equipment Rental Feast 1 Each $0.00
Annual Total.1 $0.00
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IN WITNESS WHEREOF,City and Vendor have executed this Agreement on the dates
indicated.
Round Rock Industrial Equipment Co.
By:
Printed Name:
Title:
Date Signed:
City of Round Rock,Texas
By:
Printed Name:
Title:
Date Signed:
For City,Attest:
By:
Meagan Spinks,City Clerk
For City,Approved as to Form:
By:
Stephanie L. Sandre,City Attorney
9
BID TABULATION VENDOR#1 VENDOR#2 VENDOR#3
IFB NO: 23-027
DESCRIPTION:Police Department Locker Room Replacements Round Rock Indoustrial Equipment Sullivan Contracting Services Ne//Co Specialties,Inc.
BID OPENING DATE&TIME:July 11th 2023 @ 3:OOPM CST
Item# Bid Items Description Quantity UOM Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price
1 Penco Vanguard Men's Lockers 170 EA $315.00 $53,550.00 $0.00
18"(w)x 21"(d)x 60"(h)
Buyers Approved Equal 170 EA $0.00 $670.00 $113,900.00
2 Penco Vanguard Men's ADA Stlye 1 EA $150.00 $150.00 $0.00
built-in with Bench Locker
Buyers Approved Equal 1 EA $0.00 $670.00 $670.00
3 Penco Vanguard Mens 5'floor g EA $150.00 $1,350.00 $0.00
mounted locker room benches
Buyers Approved Equal 9 EA $0.00 $350.00 $3,150.00
4 Penco Vanguard Women's Lockers 47 EA $315.00 $14,805.00 $0.00
Buyers Approved Equal 47 EA $0.00 $670.00 $31,490.00
5 Penco Vanguard Womens ADA 1 EA $150.00 $150.00 $0.00
style bench Locker
Buyers Approved Equal 1 EA $0.00 $670.00 $670.00
6 Penco Vanguard Womens 5'floor 1 EA $150.00 $150.00 $0.00
mounted locker room bench
Buyers Approved Equal 1 EA $0.00 $350.00 $350.00
7 Labor-Removal/Staging of Old 16 Hour $750.00 $12,000.00 $371.00 $5,936.00
8 Labor-Installation of New Lockers 80 Hour $150.00 $12,000.00 $371.00 $29,680.00
9 Delivery/Receiving 1 Hour $4,500.00 $4,500.00 $5,000.00 $5,000.00
10 Equipment Rental Fee 1 Hour $2,250.00 $2,250.00 $4,000.00 $4,000.00
Total:1 $100,905.00 Total: $194,846.00 Total:
Recommended for Award: Round Rock Industrial Equipment Co.
=Deemed Non-Responsive