R-03-02-13-13D7 - 2/13/2002Mayor
Nyle Maxwell
Mayor Pro-tem
Tom Nielson
Council Members
Alan McGraw
Carrie Pitt
Scot Knight
Isabel Gallahan
Gary Coe
City Manager
Jim Nuse
City Attorney
Stephan L Sheets
ROUND ROCK, TE
PURPOSE. PASSION. PROSPERITY.
March 3, 2003
Mr. John DuPont
General Manager
DHL Analytical, Inc.
2300 Double Creek Drive
Round Rock, TX 78664
Dear Mr. DuPont:
The Round Rock City Council approved Resolution No. R- 03- 02 -13-
13D7 at their regularly scheduled meeting on February 13, 2003. This
resolution approves the Annual Purchasing Agreement for Analytical
Services to collect water quality data.
Enclosed is a copy of the resolution and original agreement for your
files. If you have any questions, please do not hesitate to contact Tom
Clark at 341 -3146.
Christine R. Martinez
City Secretary
Enclosure
CITY OF ROUND ROCK Administrative Dept , 221 East Main Street • Round Rock Texas 78664
Phone: 512.218.5400 • Fax 512 2,8 7097 • www.ci.round rock.tx.us
WHEREAS, the City of Round Rock has duly advertised for bids for
laboratory services to collect water quality data, and
WHEREAS, DHL Analytical, Inc. has submitted the lowest
responsible bid, and
WHEREAS, the City Council wishes to accept the bid of DHL
Analytical, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Annual Purchasing Agreement for Analytical
Services for Water Plant with DHL Analytical, Inc., a copy of said
Agreement attached hereto as Exhibit "A" and incorporated herein.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 13th day of Februar 200
0 \wdaz \RESOLUTI \R3021300.HPU /sc
RESOLUTION NO. R- 03- 02- 13 -13D7
Ci
CHRISTINE R. MARTINEZ, City Secretar
WELL, Mayor
of Round Rock, Texas
CITY OF ROUND ROCK
ANNUAL PURCHASING AGREEMENT
FOR
ANALYTICAL SERVICES FOR WATER PLANT
THIS AGREEMENT, is made and entered into this of 20 by
and between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are
located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City"
and DHL Analytical, Inc., 2300 Double Creek Drive, Round Rock, TX 78664, hereinafter referred
to as "Vendor ", and City and Vendor are collectively referred to as the "parties ".
RECITALS:
WHEREAS, the City desires to contract with Vendor on a multi -year contract basis to provide the
City with analytical service and
WHEREAS, the Invitation for Bid to provide the City with analytical services previously issued
for said services and the City has selected the Bid submitted DHL Analytical ; and
WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their
respective rights, duties and obligations hereunder;
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:
1.0 CONTRACT DOCUMENTS AND EXHIBITS
The City of Round Rock selected Vendor as the integrator of choice to supply analytical
services as outlined in IFB 02 -001, Specification Number 02- 918 -12 and Response to IFB
submitted by Vendor (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 their response to the IFB.
The services that are the subject matter of this Agreement are further described in Exhibit A,
and together with this Agreement comprise the Agreement, and they are fully a part of this
Agreement as if herein repeated in full.
2.0 ITEMS AWARDED
The following bid items of Exhibit A are the subject of this agreement:
Analytical services to include testing water, wastewater and industrial wastewater processes
and generate complete and traceable documentation of data from analyzed samples
Bid Item No. 3 — TCLP at $150.00 each.
Bid Item No. 5 — Metal Digestion at 520.00 each.
Bid Item No. 6 —Barium at $10.00 each.
Bid Item No. 7 — Cadmium at $10.00 each.
Bid Item No. 8 — Chromium at 10.00 each.
Bid Item No. 9 — Copper at $10.00 each.
Bid Item No. 10 — Lead at $10.00 each.
8
9
EXHIBIT
II An
Bid Item No. 11— Nickel at $10.00 each.
Bid Item No. 12 — Silver at $10.00 each.
Bid Item No. 13 — Zinc at $10.00 each.
Bid Item No. 14 — Manganese at $10.00 each.
Bid Item No. 16 — OillGrease at $50.00 each.
Bid Item No. 17 — BTEX at $45.00 each.
Bid Item No. 19 — TSS at $15.00 each.
Bid Item No. 22 — Cyanide at $35.00 each.
Bid Item No. 23 — Fluoride at $15.00 each.
Bid Item No. 24 — Volatile Organics at $120.00 each.
Bid Item No. 25 — Semivolatile Organics at $200.00 each.
3.0 COSTS
The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor.
4.0 INVOICES: All invoices shall include but not be limited to the following information:
4.1 Name and address of Vendor
4.2 Purchase Order Number
4.3 Description and quantity of item(s) received for Services
4.4 Service Date(s)
5.0 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 the City receives the supplies,
materials, equipment, or within thirty (3) days of the day on which the performance of
services was complete, or within thirty (30) days of the day on which the City receives a
correct invoice for the supplies, materials, equipment, or services, whichever is later.
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy, however, this
policy does not apply to payments made by the City in the event:
5.1 • *there is a bona fide dispute between the City and Vendor concerning the supplies,
. • materials, or equipment delivered or the services performed that causes the payment
to be late; or
5.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
5.3 there is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier conceming supplies, materials, or equipment delivered
or the services performed which causes the payment to be late; or
5.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on
the purchase order, or this Agreement or other such contractual agreement.
6.0 DURATION OF AGREEMENT
2
The term of this agreement shall be for a period of time of twelve (12) months from the date
of award. Prices shall be firm for the duration of the agreement, except as provided for
hereinabove.
This agreement may be renewed for four (4) more additional periods of time not to exceed
the original service period, provided both parties agree. Contract extension shall be for the
original price, terms and conditions plus any approved changes.
The City reserves the right to review the Vendor's performance at the end of each twelve-
month period and cancel all or part of the agreement or continue the agreement through the
next period.
7.0 TERMINATION OF THIS AGREEMENT
The City may terminate this agreement for any reason by giving Vendor ten (10) days
written notice. Upon delivery of such notice by the City to Vendor, the 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 or
contracts are chargeable to this agreement. Within thirty (30) days after receipt of notice of
termination, the Vendor shall submit a statement, showing in detail the services satisfactorily
performed under this agreement to the date of termination. The City will then pay the
Vendor that portion of the prescribed charges. The Parties agree Vendor is not entitle to
compensation for services it would have performed under the remaining term of the Contract
except as provided above.
8.0 ORDERS PLACED WITH ALTERNATE VENDORS
If the Vendor cannot provide the service(s) as specified, the City reserves the option to
obtain the services from another supplier.
9.0 ABANDONMENT OR DEFAULT
A Vendor who abandons or defaults the work on this agreement and causes the City to
purchase the services elsewhere may be charged the difference in cost, if any, and will not be
considered in the re- advertisement of the service and may not be considered in future bids
for the same type of work unless the scope of work is significantly changed.
10.0 TAXES
The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in charges.
11.0 ASSIGNMENT
Vendor's rights and duties awarded by this agreement may not be assigned to another
without written consent of the city signed by the City's authorized agent. Such consent shall
not relieve the assignor of the liability in the event of default by the assignee.
12.0 GRATUITIESBRIBES
The City may, by written notice to Vendor, cancel this contract without liability to Vendor if
it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or
otherwise, were offered or given by Vendor, or its agent or representative to any City officer,
employee or elected representative with respect to the performance of this agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
13.0 INDEMNIFICATION
3
Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, damages, causes of
action, suits, and liability of every kind, including all expenses of litigation, court costs, and
attorney's fees for injury to any person, or for damages to any property, arising out of or in
connection with any act or omission, negligence, willful misconduct in the performance of
this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this
Agreement, without regard to whether such persons are under the direction of City agents or
employees.
14.0 INSURANCE
Vendor shall meet requirements as stated in the attached Invitation to Bid No. 02 -001 Re -bid
and their bid response.
15.0 APPLICABLE LAW
This agreement shall be governed by the laws of the State of Texas. It is expressly agreed by
both Parties that Williamson County is the place for performance of this contract and that
Williamson County, Texas shall be the proper County for venue purposes in any litigation
arising herefrom. No rights, remedies, and warranties available to the City under this
agreement or by operation of law are waived or modified unless expressly waived or,
modified by the City in writing.
16.0 VENUE
The parties agree that venue for any litigation arising from this agreement shall lie in
Williamson County, Texas.
17.0 NON - APPROPRIATION
This Contract is a commitment of the City's current revenues only. It is understood and
agreed the City shall have the right to terminate this Contract at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
estimated yearly quantities, as determined by the City's budget for the fiscal year in
question. The City may effect such termination by giving Vendor a written notice of
termination at the end of its then current fiscal year.
18.0 RIGHT TO ASSURANCE
Whenever one party to this agreement in good faith has reason to question the other party's
intent to perform, the questioning party may demand that the other party give written
assurance of their intent to perform. In the event that a demand is made and no assurance is
given Within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract.
19.0 MULTIPLE COUNTERPARTS
This agreement may be executed in multiple counterparts, any one of which shall be
considered an original of this instrument, all of which, when taken together shall constitute
one and the same instrument.
20.0 NOTICES
For the purposes of this Agreement, notices to the City shall be to:
City Manager
City of Round Rock
4
221 East Main Street
Round Rock, Texas 78664 -5299
With a copy to:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, Texas 78664
Notice to Vendor shall be to:
DHL Analytical, Inc.
2300 Double Creek Drive
Round Rock, TX 78664
Notices will be effective upon delivery at the above addresses until the parties notify each other, in
writing, of a change in address.
IN WITNESS WHEREOF the parties to these presents have executed this Agreement on the
day of , 19
CITY OF ROUND ROCK
By:
Nyle Maxwell, Mayor
City of Round Rock
Attest:
By:
Christine Martinez, City Secretary
City of Round Rock
By:
Name:
Title:
5
DHL • J• �Y . C/ty.T 4 IN
.Tn1.IN 'L door
Geneva,) M4.no.9e✓
Attest:
By:
Name:
Title:
BID TAB
BID NUMBER: 02-001 REBID
BID OPENING: 6/11/2002 3:00pm
ANALYTICAL SERVICES
VENDOR
LCRA - ELS
DELIVERY:
TOTAL. $51,43230
VENDOR
DHL ANALYTICAL INC
DELIVERY:
TOTAL: 530.755 00
VENDOR
DELIVERY.
TOTAL: 0000
Item
Bid item(s) description
QTY
Unit $
Extended
Unit $
Extended
Unit $
Extended
1
TOTAL ORGANIOSARGOt
528 00
8j 8i 81 8j 81 81 $1 81 81 81 81 81 81 81 81 $j 81 8 81 81 81 8 1 8 1 8 1 ! i ! R! i ! i
mi ^! k _1� 1 i g!i 1ii g ki ki ml1 § i &i P-.1 g! ! i ! �i j i
4% "
31 "i " i "j "i i "i "i "i "! „i "i 1 "1 "i „i »I ! I i ;;! I i
i 1
11 i i I l 1 1 1 1 '1 1 1 1 1
t ! 1 1 111111 1 I I :1 1 i
! II 1 1! i l E ! i 1 i 1 i 1 1 1 1 1 I 1 1 1 1 1 1
NO BID
2
TOTAL TRIHALOMETHANES
$55 00
012000
010,200 00
3
TCLP
$1,049 00
010000
0300 00
4
HALOACE ACID
S185 00
00 010
6
P2f2P1
$30 DO
510 00
3100 00
6
....
CADMIUM
$30,00
510 00
060000
7
CHROMIUM
$1500
01000
0600 00
8
COPPER
$15 00
360000
9
LEAD
§1192
___ 0l000
010 00
$600,00
...
10
.......
NICKEL
515 00
51000
060000
11
SILVER
$15 oo
lo
5600 00
12
ZINC
$15.00
10
5600 00
14
MANGANESE
10
$600,00
16
AMMONIA
-----2i1
$15 00
20
540000
16
OlUCREASE
$200 00
50
52.50000
17
BTEX
Moo
45
0225
18
BOD
$25 00
50
02,00000
la
TMs
slaw
15
515000
20
DOC
$23 00
35
$1,400 00
21
PHOSPHOROUS
$2000
30
060000
22
CYANIDE
$35 00
35
056060
_____
23
--------------------------
FLUORIDE
SMOG
15
012000
24
VOLATILE ORGANICS
----------
$185 00
120
52,400 00
25
----
SEMIVOLATIL ORGANICS
--------- _____ -----
$320.00
250
05,000,00
26
5 DAY TUR NAROUND
50%
10
27
3 DAY TURNAROUNG
l00%
1 4x
28
NEXT DAY
.29
-----
10% DISCOUNT
30
31
32
33
34
DATE: February 7, 2003
SUBJECT: City Council Meeting — February 13, 2003
ITEM: 13.D.7. Consider a resolution authorizing the Mayor to execute an Annual
Purchasing Agreement for Analytical Services for Water Plant with
DHL Laboratory Services.
Resource: Tom Clark, Director of Utilities
History: The City is required to collect water quality data to report to the State. The annual
cost of this requirement is $40,000. The various analyses were bid, and two bids
were received. To ensure the lowest cost, staff selected the lowest bid from each
vendor for each bid item resulting in the need for two contracts.
Funding:
Cost: $20,000
Source of funds: Utility Operating Budget
Outside Resources:
Impact/ Benefit:
Public Comment:
Sponsor:
DHL Analytical, Inc.
Two contracts optimize city expenditures.
N/A
N/A
CITY OF ROUND ROCK
ANNUAL PURCHASING AGREEMENT
FOR
ANALYTICAL SERVICES FOR WATER PLANT
THIS AGREEMENT, is made and entered into this /3 of L.4 200,3, by
and between the City of Round Rock, a Texas home -rule municipal corporation, ose offices are
located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City"
and DHL Analytical, Inc., 2300 Double Creek Drive, Round Rock, TX 78664, hereinafter referred
to as "Vendor ", and City and Vendor are collectively referred to as the "parties ".
RECITALS:
WHEREAS, the City desires to contract with Vendor on a multi -year contract basis to provide the
City with analytical service and
WHEREAS, the Invitation for Bid to provide the City with analytical services previously issued
for said services and the City has selected the Bid submitted DHL Analytical ; and
WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their
respective rights, duties and obligations hereunder;
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:
1.0 CONTRACT DOCUMENTS AND EXHIBITS
The City of Round Rock selected Vendor as the integrator of choice to supply analytical
services as outlined in IFB 02 -001, Specification Number 02- 918 -12 and Response to IFB
submitted by Vendor (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 their response to the IFB.
The services that are the subject matter of this Agreement are further described in Exhibit A,
and together with this Agreement comprise the Agreement, and they are fully a part of this
Agreement as if herein repeated in full.
2.0 ITEMS AWARDED
The following bid items of Exhibit A are the subject of this agreement:
Analytical services to include testing water, wastewater and industrial wastewater processes
and generate complete and traceable documentation of data from analyzed samples
Bid Item No. 3 — TCLP at $150.00 each.
Bid Item No. 5 — Metal Digestion at $20.00 each.
Bid Item No. 6 — Barium at $10.00 each.
Bid Item No. 7 — Cadmium at $10.00 each.
Bid Item No. 8 — Chromium at 10.00 each.
Bid Item No. 9 — Copper at $10.00 each.
Bid Item No. 10 — Lead at $10.00 each.
1e-03-0g-13-1307
Bid Item No. 11— Nickel at $10.00 each.
Bid Item No. 12 — Silver at $10.00 each.
Bid Item No. 13 — Zinc at $10.00 each.
Bid Item No. 14 — Manganese at $10.00 each.
Bid Item No. 16 — Oil/Grease at $50.00 each.
Bid Item No. 17 — BTEX at $45.00 each.
Bid Item No. 19 — TSS at $15.00 each.
Bid Item No. 22 — Cyanide at $35.00 each.
Bid Item No. 23 — Fluoride at $15.00 each.
Bid Item No. 24 — Volatile Organics at $120.00 each.
Bid Item No. 25 — Semivolatile Organics at $200.00 each.
3.0 COSTS
The bid costs listed in Exhibit A shall be the basis of any charges collected by the Vendor.
4.0 INVOICES: All invoices shall include but not be limited to the following information:
4.1 Name and address of Vendor
4.2 Purchase Order Number
4.3 Description and quantity of item(s) received for Services
4.4 Service Date(s)
5.0 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 the City receives the supplies,
materials, equipment, or within thirty (3) days of the day on which the performance of
services was complete, or within thirty (30) days of the day on which the City receives a
correct invoice for the supplies, materials, equipment, or services, whichever is later.
Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy, however, this
policy does not apply to payments made by the City in the event:
5.1 there is a bona fide dispute between the City and Vendor concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment
to be late; or
5.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
5.3 there is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered
or the services performed which causes the payment to be late; or
5.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on
the purchase order, or this Agreement or other such contractual agreement.
6.0 DURATION OF AGREEMENT
2
The term of this agreement shall be for a period of time of twelve (12) months from the date
of award. Prices shall be firm for the duration of the agreement, except as provided for
hereinabove.
This agreement may be renewed for four (4) more additional periods of time not to exceed
the original service period, provided both parties agree. Contract extension shall be for the
original price, terms and conditions plus any approved changes.
The City reserves the right to review the Vendor's performance at the end of each twelve-
month period and cancel all or part of the agreement or continue the agreement through the
next period.
7.0 TERMINATION OF THIS AGREEMENT
The City may terminate this agreement for any reason by giving Vendor ten (10) days
written notice. Upon delivery of such notice by the City to Vendor, the 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 or
contracts are chargeable to this agreement. Within thirty (30) days after receipt of notice of
termination, the Vendor shall submit a statement, showing in detail the services satisfactorily
performed under this agreement to the date of termination. The City will then pay the
Vendor that portion of the prescribed charges. The Parties agree Vendor is not entitle to
compensation for services it would have performed under the remaining term of the Contract
except as provided above.
8.0 ORDERS PLACED WITH ALTERNATE VENDORS
If the Vendor cannot provide the service(s) as specified, the City reserves the option to
obtain the services from another supplier.
9.0 ABANDONMENT OR DEFAULT
A Vendor who abandons or defaults the work on this agreement and causes the City to
purchase the services elsewhere may be charged the difference in cost, if any, and will not be
considered in the re- advertisement of the service and may not be considered in future bids
for the same type of work unless the scope of work is significantly changed.
10.0 TAXES
The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in charges.
11.0 ASSIGNMENT
Vendor's rights and duties awarded by this agreement may not be assigned to another
without written consent of the city signed by the City's authorized agent. Such consent shall
not relieve the assignor of the liability in the event of default by the assignee.
12.0 GRATUITIESBRIBES
The City may, by written notice to Vendor, cancel this contract without liability to Vendor if
it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or
otherwise, were offered or given by Vendor, or its agent or representative to any City officer,
employee or elected representative with respect to the performance of this agreement. In
addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code.
13.0 INDEMNIFICATION
3
Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers,
agents, and employees, from and against any and all claims, losses, damages, causes of
action, suits, and liability of every kind, including all expenses of litigation, court costs, and
attorney's fees for injury to any person, or for damages to any property, arising out of or in
connection with any act or omission, negligence, willful misconduct in the performance of
this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this
Agreement, without regard to whether such persons are under the direction of City agents or
employees.
14.0 INSURANCE
Vendor shall meet requirements as stated in the attached Invitation to Bid No. 02 -001 Re -bid
and their bid response.
15.0 APPLICABLE LAW
This agreement shall be governed by the laws of the State of Texas. It is expressly agreed by
both Parties that Williamson County is the place for performance of this contract and that
Williamson County, Texas shall be the proper County for venue purposes in any litigation
arising herefrom. No rights, remedies, and warranties available to the City under this
agreement or by operation of law are waived or modified unless expressly waived or,
modified by the City in writing.
16.0 VENUE
The parties agree that venue for any litigation arising from this agreement shall lie in
Williamson County, Texas.
17.0 NON - APPROPRIATION
This Contract is a commitment of the City's current revenues only. It is understood and
agreed the City shall have the right to terminate this Contract at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
estimated yearly quantities, as determined by the City's budget for the fiscal year in
question. The City may effect such termination by giving Vendor a written notice of
termination at the end of its then current fiscal year.
18.0 RIGHT TO ASSURANCE
Whenever one party to this agreement in good faith has reason to question the other party's
intent to perform, the questioning party may demand that the other party give written
assurance of their intent to perform. In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract.
19.0 MULTIPLE COUNTERPARTS
This agreement may be executed in multiple counterparts, any one of which shall be
considered an original of this instrument, all of which, when taken together shall constitute
one and the same instrument.
20.0 NOTICES
For the purposes of this Agreement, notices to the City shall be to:
City Manager
City of Round Rock
4
221 East Main Street
Round Rock, Texas 78664 -5299
With a copy to:
Stephan L. Sheets, City Attomey
309 East Main Street
Round Rock, Texas 78664
Notice to Vendor shall be to:
DHL Analytical, Inc.
2300 Double Creek Drive
Round Rock, TX 78664
Notices will be effective upon delivery at the above addresses until the parties notify each other, in
writing, of a change in address.
IN WITNESS WHEREOF
day of
ie parties to these presents have executed this Agreement on the
CITY 0 • ∎'�
By: ! ��
Nyle ,r " , Mayor
City of Round Rock
Attest
By:
Christine Martinez, City Secretary
City of Round Rock
.I 1. 1.1i1 11111
5
Attest:
By:
Name:
Title:
A N A L Y T I C A L
June 4, 2002
City Of Round Rock
Tiacy Herring
2008 Enterprise
Round Rock, TX 78664
RE: Bid Number 02 -001
Contract for Analytical Services
Dear Ms. Herring,
Enclosed please find our submittal for the above referenced Bid Number 02 -001. DHL
Analytical, Inc. is certified by the State of Texas as a Historically Underutilized Business (HUB).
A copy of our certificate is attached. Also, attached with the hid are a copy of an example report,
a copy of three professional references, and the statement of qualifications for our subcontractor
lab. We will utilize B- Environmental Laboratory in Victoria for wet chemistry parameters not
available in -house (BOD, COD, 1664 etc.).
Sincerely,
John DuPont
QA Manager
2300 Double Creek Drive • Round Rock, TX 78664 • Phone (512) 388 -8222 • Fax (512) 388 -8229
INVOICE TO:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, Texas 78664 -5299
BID F.O.B. DESTINATION
UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
City of Round Rock
Environmental Services
2008 Enterprise Dr.
Round Rock, TX 786E
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664 -5299
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID FACIMIL6 RESPONSES
OPENING TIME. SHALL NOT BE ACCEPTED
SNOW BID OPENING DATE &
BID NUMBER IN LOWER LEFT
NAND CORNER OF SEALED BID
ENVELOPE & SNOW RETURN
ADDRESS OF BIDDING FIRM.
BIDDING INFORMATION RE - BID
BID NUMBER 02 - 001
OPENING DATE: 6/11/02 3:00 PM
BID LOCATION: 221 E. Main Street, 1st Floor, Coundl Chamber.
l
Round Rock, TX 78664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
Authorle Signature
J HN DUPONT
Print Name
SEE 1.7 ON REVERSE SIDE FOR INSTRUCTIONS
TAX ID NO.: 74- 2868852
LEGAL BUSINESS NAMEDHL ANALYTICAL, INC.
ADDRESS: 2300 DOUBLE CREEK DRIVE
ADDRESS:
CONTACT: JOHN DUPONT
TELEPHONE NO.: (512)388 -8222
BUSINESS ENTRY TYPE: CORPORATION
Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB
MAKE/ MODEL
Analytical Services
5/24/02
I oft
{rd isguality bl
Da
(4 110
ITEM
CLASS 8, ITEM DESCRIPTION
RE -BID RE -BID RE -BID RE -BID RE -BID RE -BID RE -BID RE -BID
This Is to establish a twelve -month contract for analytical services
with the option to extend the contract four additional twelve -month
periods, In accordance with Specification No. 64 -01 -0001,
dated 12 -2001 attached (9 pgs)
For the purpose of best bid determination, a $.25
per mile will be added to the unit price(s) bid for each
mile (in excess of 10 miles) from the lab located at
5200 North IH 35 in Round Rock to bidder's service
location. Bidder shall determine the mileage using
MapQuest.com or odometer reading measured by the
shortest practical route.
Please indicate mileage below. Mileage is subject
to verification. Failure to furnish mileage may disqualify bid.
6 miles from bidders service location to
City's lab.
No guarantee of any minimum or maximum purchase Is made or
implied. The CIty will only order the amount needed to satisfy
operating requirements, which may be more or less than Indicated.
QTY
UNIT
MUST MEET ATTACHED MQL
UNIT PRICES SHALL INCLUDE ALL COST FOR SERVICES PROVIDED
AS WELL AS ANY DISCOUNTS.
Total Organic Carbon EPA 415.1 Drinking Water 85 ea
n Total Trlhalomethanes (ITHM) EPA 524.2 Drinking Water 85 ea
3 TCLP (total) 2 ea
Haloacedc Add (AAAS) EPA 552.2 Drinfng Water 85 ea
5 Metal Digestion 60 ea
6 - Barium EPA200.7 10 ea
7 Cadmlum EPA 200.7 6o ea
8 Chromium EPA200.7 60 ea
UNIT
PRICE
NA
120.
150.
NA
20.
10.
10.
10.
EXTENSION
0
10,200.
300.
0
1,200.
100.
600.
600.
ITEM #
CLASS &ITEM DESCRIPTION
QTY
UNIT
MAKE /MODEL
UNIT
PRICE
EXTENSION
9
Copper EPA 200.7
60
ea
10.
-. 600.
10
Lead EPA200.7
60
ea
10.
600.
11
Nickel EPA200.7
60
ea
10.
600.
12
Silver EPA200.7
60
ea
10.
600.
13
Zinc EPA200.7
60
ea
10.
600.
14
Manganese EPA200.7
60
ea
10.
600.
®5
Ammonia EPA305.3
20
ea
20.
400.
16
Oil/Grease EPA413.1
50
ea
50.
2,500.
17
BTEX EPA 60Z8020
5
ea
45.
225.
. �� BOD
_TSS
EPA405.1
EPA 160.2
40
10
ea
ea
50.
15.
2,000.
150.
6
COD EPA410.4
40
ea
35.
1,400.
®
P EPA355.2
20
ea
30.
600.
(7X7
Cyanide EPA 335.2
16
ea
35.
560.
23
Fluoride EPA 340.2
B
ea
15.
120'
24
Volatile Organics EPA 624
20
ea
120.
2,400.
25
Semivolatile Organics EPA 625
20
ea
200.
4,000:
26
Multiplier for five day tum around 1 .0 X
27
Multiplier for three day tum around 1 . X
28
Multiplier for next day tum around' 1 .8 X
NOTE: Preference shall be given to faster delivery, with maximum
being 14 days total.
F OR INFORMATION ONLY, PLEASE PROVIDE THE FOLLOWING:
UNIT CHARGE FOR OISPOSAI NC
Provide sample copies of the reports listed In Part III, para 1.3, 1.4 &1.5
of the Spedfication.
•
GRAND TOTAL:
.00
$30,5f.00
AnalytIcal SeMces
5/24/02
2 oft
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity epresented by the bidder, or anyone acting for such
entity has violated the antitrust laws of this State, codified In Section 15,01 et seq., Texas Business and Commerce Code, or the Federal antitrust
laws, nor communicated directly or Indirectly, the bld made to any competitor or any other person ngaged In such One of business.'
CITY OF ROUND ROCK
ANALYTICAL SERVICES
PART
GENERAL
1. PURPOSE: The City seeks to establish an annual service agreement with a reliable and qualified
Contractor to provide analytical services for testing water, wastewater and industrial wastewater processes.
Data generated will be used to comply with State and Federal Regulations.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification
and bid document:
2.1. Agreement — A mutually binding legal document obligating the Contractor to furnish the
materials, goods, equipment or services, and obligating the City to pay for the same.
2.2. Bidder identified throughout this specification shall describe persons and entities that consider
themselves qualified to provide materials, goods, equipment and services.
2.3. City — Identifies the City of Round Rock, Williamson County, Texas.
2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to
the City as fulfillment of obligations arising from a solicitation and/or agreement.
2.5. Purchase Order — A mutually binding legal document obligating the Contractor to furnish the
goods, equipment or services, and obligating the City to pay for the same.
2.6. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or
services to a Agreement or if such goods, equipment, labor, and/or services are procured or used
in fulfillment of the Contractor's obligations arising from a agreement with the City.
Page 1 of 4
SPECIFICATION NO.
02- 918 -12
REVISED: March 2002
PART II
GENERAL CLAUSES AND CONDITIONS
PAST th the City to ii but not limited to, failure v to meet specifics iions, poor quality, poor w or k manship,
late delivery.
2. ABANDONMENT OR DEFAULT: A Contractor who abandons or defaults the work on the agreement
and causes the City to purchase the services elsewhere may be charged the difference in cost if any and will
not be considered in the re- advertisement of the service and may not be considered in future bids for the
same type of work unless the scope of work is significantly changed.
3. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative
bodies or mbunals in any matter affecting the performance of the resulting agreement, including without
limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations,
and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory
proof of its compliance.
4. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands,
damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of
the resulting agreement and arising out of a willful or negligent act or omission of the Contractor, its
officers, agents, servants and employees.
5. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At
the City's request the Contractor or subcontractors shall provide a proper release of all liens or satisfactory
evidence of freedom from liens shall be delivered to the City.
6. VENUE: Both the City and the Contractor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
7. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of the
City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that
the City from time to time may have in force and effect.
8. INVOICING: Contractor shall submit one original and one copy of each invoice on a monthly basis to the
following address:
City of Round Rock
Finance Department
221 East Main Street
Round Rock, TX78664 -5299
9. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the
supplies, materials, equipment, or the day on which the performance of services was completed or the day
on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is
later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy; however, this policy does not
apply to payments made by the City in the event:
9.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be late; or
9.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
9.3. The is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor
and its suppliers concerning supplies, material, or equipment delivered or the services performed
which caused the payment to be late; or
9.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase
order or agreement or other such contractual agreement.
10. OVERCHARGES: Contractor hereby assigns to purchaser any and all claims for overcharges associated
with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et
and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seg.
PART III
SPECIFICATION
1.0 TECHNICAL REOUIREMENTS: Analytical services for testing water, wastewater, and industrial
wastewater processes. Data generated will be used to comply with State and Federal Regulations.
1.1
Page 2 of 4
SPECIFICATION NO.
02- 918 -12
REVISED: March 2002
All test procedures shall be preformed in accordance with Title 40 Code of Federal Regulations
Part 136 or altemate method approved by the Environmental Protection Agency.
Page 3 of 4
SPECIFICATION NO.
02- 918 -12
REVISED: March 2002
1.2 Complete and traceable documentation shall be provided for each sample tested. Complete
documentation shall include, but not limited to:
1.3 Analytical Results Report. The following data must be included on the report:
1.3.1 Date the test was performed.
1.3.2 Date sample was collected.
1.3.3 Initials of analyst who performed the test.
1.3.4 Analytical result.
1.3.5 EPA Method used.
1.3.6 Minimum quantification limit.
1.3.7 Certifying signature.
1.4 Quality Assurance /Quality Control data.
1.5 Chain of Custody Record.
NOTE: THE BIDDER SHALL PROVIDE SAMPLE COPIES OF THE REPORTS LISTED IN
PART III. 1.3, AND 1.5 ABOVE WITH THE BID SUBMITTAL.
1.6 Unless otherwise requested, analytical results shall be provided to the City within fourteen
calendar days of sample submission.
1.7 Shall meet the Minimum Analytical Levels (MALs) listed in appendix A.
2.0 SERVICE REOUIREIVIENTS: Contractor shall:
2.1 Coordinate with City's Service Administrator or their designee to take custody of all samples.
NOTE: THE CITY WILL DELIVER ALL SAMPLES TO CONTRACTOR'S LOCATION
TO ENSURE INTEGRITY OF CHAIN OF CUSTODY
2.2 Have a location within a 30 -mile radius of Round Rock, TX open for business between the hours
of 8 a.m. to 5 p.m. to take custody of samples to be tested.
2.3 Provide sample bottles and shipping containers.
2.4 Provide analytical reports and supporting documentation within fourteen days after receipt of
sample.
2.5 Dispose of all samples.
2.6 Provide any re -tests required due to negligence or failure on the part of the Contractor.
3.0 BIDDER OUALIFICATIONS: The successful bidder shall:
3.1 Be individuals, firms, corporations, or any other entity regularly engaged in the business of testing
and analyzing solid and liquid materials for a variety of constituents.
3.2 The successful bidder shall comply and remain compliant with all Federal, State, and local laws,
statutes, ordinances, rules and regulations.
3.3 Have available, under its direct employment and supervision, the necessary organization and
facilities to properly fulfill all of the services required under this specification and resulting
agreement. Only personnel trained in services of this type shall be employed for this agreement.
3.4 Bidder shall meet the minimum analytical levels (MALs) listed in appendix A.
3.5 Not have formal enforcement action against itself, any subcontractor or transporter, by the
USEPA, TNRCC or any other regulatory agency. Formal enforcement actions or failure to
disclose such enforcement action shall result in disqualification of the bid.
3.6 References: Provide the name, address, telephone number and point of agreement of at least three
firms that have utilized this type or similar service for at least two years. References may be
checked prior to award. Any negative responses received may result in disqualification of bid._,
3.7 Identify any subcontractors to be used for this project. Experience, qualifications and references
of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
PART V
AGREEMENT TERMS AND CONDITIONS
SPECIFICATION NO.
02- 918 -12
REVISED: March 2002
4.0 AGREEMENT: The agreement resulting from the bid shall be for one twelve -month period from the date
of award with the option thereafter to extend four additional twelve -month periods. Prices shall be firm for
the duration of the agreement and extension periods, except as otherwise provided for herein.
5.0 ORDER OUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the•amount needed to satisfy
operating requirements, which may be more or less than indicated.
6.0 PURCHASER ORDER: For invoicing and tracking purposes, the City intends to issue a purchase order to
cover estimated services from agreement inception date through the end of the City's fiscal year (9 -30).
Thereafter, a purchase order will be issued for each fiscal year if the agreement is extended.
7.0 PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost
increase is justified. Any price increase shall be requested by the contractor in writing and accompanied
with the appropriate documentation to justify the increase. The Contractor may offer price decreases at any
time.
8.0 CANCELLATION: Either party may cancel the agreement, without penalty, by providing 30 days prior
written notice to the other party. Termination shall not relieve the Contractor of any obligation or liability
that has occurred prior to cancellation. NOTE: This agreement is subject to cancellation, without penalty,
at any time the City deems the Contractor to be non - compliant with contractual obligations.
8.1 The agreement may be canceled if three major complaints of substandard performance are received
in the same month from the same division/department. The City retains the right to determine what
constitutes a major complaint.
9.0 NON - APPROPRIATION: The agreement resulting from any bid using these specifications is a
commitment of the City's current revenues only. It is understood and agreed that the City has the right to
terminate this agreement at the end of any City fiscal year, if the governing body of the City does not
appropriate funds sufficient to purchase the estimated yearly service, as determined by the City's budget
for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of
termination end of its then current fiscal year.
10.0 SERVICE ADMINISTRATOR: All work performed under this agreement will be supervised and
verified by the City's designee noted below.
Tracy Herring at 512- 218 -5559
PART VI.
ATTACHMENTS
1.0 Required Minimum Quantification Limits (MQLs) and Minimum Analytical Levels (MALs).
Appendix A. (5 pages)
2.0 Applicable Federal Regulations. (I page)
Page 4 of 4