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R-2014-1998 - 11/25/2014 RESOLUTION NO. R-2014-1998 WHEREAS, the City of Round Rock has duly advertised for bids to purchase water meter boxes and anti-float lids, and to purchase related goods and services; and WHEREAS, HD Supply has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of HD Supply, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Water Meter Boxes and Anti-float Lids with HD Supply, a copy of said Agreement being attached hereto as Exhibit"A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of November, 2014. 1131 //___,---------' AL N MCGRAW, Mayor City of Round Rock, Texas ATTEST: -7/1/(14/1"' Acc.474 SARA L. WHITE, City Clerk 0112.1404;00315535 EXHIBIT uA„ i CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF WATER METER BOXES AND ANTI-FLOAT LIDS WITH HD SUPPLY THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS AGREEMENT for purchase of water meter boxes and anti-float lids, and for related goods and services, (referred to herein as the "Agreement"), is made and entered into on this the day of the month of , 2014 by and between the CITY OF ROUND ROCK, a Texas home-rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and HD SUPPLY, whose offices are located at 1301 Wells Branch Parkway, Pflugerville, Texas 78660 (referred to herein as the"Vendor"). RECITALS: WHEREAS, City desires to purchase water meter boxes and anti-float lids, and to purchase related goods and services, and City desires to procure same from Vendor; 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 sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified services and Vendor is obligated to sell same. The Agreement includes the following: (a) City's Invitation for Bid designated Solicitation Number 14-018, and Addendum No. 1 dated July 17, 2014 ("IFB"); (b)Vendor's Response to IFB; (c) contract award; 00311780/ss2 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: (1) This Agreement; (2) Vendor's Response to IFB; (3) City's IFB, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods and services mean the specified services, supplies, materials, commodities, or equipment. 2.01 EFFECTIVE DATE,TERM,ALLOWABLE RENEWALS,PRICES FIRM A. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. B. The term of this Agreement shall be for thirty-six (36) months from the effective date hereof After that term, this Agreement may be renewed for two (2) successive twelve- month periods, under the same terms and conditions, only upon the express written agreement of both parties, and only provided that the Vendor has performed each and every contractual obligation specified in this Agreement. C. Prices shall be firm for the duration of this Agreement and for any renewal periods. No separate line item charges shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 2 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor to supply the services as outlined in the IFB; and Response to IFB submitted by Vendor, all as specified in Exhibit "A." The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods and related services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED; AND SCOPE OF WORK Items Awarded. All bid items in Exhibit"A" are awarded to Vendor. Scope of Work: For purposes of this Agreement, City has issued documents delineating the required services (specifically IFB 14-018, and Addendum No. 1 dated July 18, 2014). Vendor has issued its response agreeing to provide all such required services in all specified particulars. All such referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all purposes. When taken together with the appended exhibits, this Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Vendor shall satisfactorily provide all goods and services described under the attached exhibits within the contract term specified in Section 2.01. Vendor's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Vendor has been specifically engaged. Vendor shall perform its services in accordance with this Agreement, in accordance with the appended exhibits, in accordance with due care, and in accordance with prevailing industry standards for comparable services. 5.01 COSTS Bid costs listed on "Attachment C —Bid Form No. 1," "Attachment D —Bid Form No. 2," and "Attachment E—Bid Form No. 3" of Exhibit"A," shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum,the following information: A. Name and address of Vendor; B. Purchase Order Number; 3 C. Description and quantity of items received or services provided; and D. Delivery or performance dates. 7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. Other governmental entities within the State of Texas may be extended the opportunity to purchase off of the City's bid,with the consent and agreement of the successful vendor(s)and the City. Such agreement shall be conclusively inferred for the vendor from lack of exception to this clause in the vendor's response. However, all parties hereby expressly agree that the City is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated or liable for any action or debts that may arise out of such independently-negotiated "piggyback"procurements. 8.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 9.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty(30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty(30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 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); however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor, a contractor, subcontractor or supplier about the goods delivered or the service performed that cause the payment to be late; or 4 B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late;or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 10.01 GRATUITIES AND BRIBES City may, by written notice to 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. 11.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 12.01 ORDERS PLACED WITH ALTERNATE VENDOR If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 13.01 INSURANCE Vendor shall meet all insurance requirements as stated in the attached IFB, including all attachments and exhibits thereto, and Vendor's bid response. 14.01 CITY'S REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Rick Whisenant Utility Inventory Specialist City of Round Rock Utilities and Environmental Sciences 910 Luther Person Place Round Rock,Texas 78665 5 15.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made,then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 16.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 17.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty(30) days' written notice to 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. 6 D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 18.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 20.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 21.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 7 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: HD Supply 1301 Wells Branch Parkway Pflugerville,Texas 78660 Notice to City: City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock,TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 23.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing, duly authorized by action of the City Manager or City Council. 24.01 DISPUTE RESOLUTION City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 25.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any 8 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. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. • [Signatures on the following page.] 9 IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock,Texas HD Supply 7) By: By: C(72 Printed Name: Printed Name: EA;k. 0 i V a r-e t Title: Title: ()p (r Date Signed: Date Signed: tv ( 2-Q) (cl Attest: By: Sara L. White, City Clerk For City,Approved as to Form: By: Stephan L. Sheets, City Attorney 10 • ;f ROUND ROCK, TEXAS PURPOSE.PASSION. PROSPERITY. City of Round Rock, Texas Purchasing Division 221 East. Main Street Round Rock, Texas 78664-5299 www.rou ndro.cktexas.gov INVITATION FOR BID WATER. METER BOXES & ANT1-FLOAT LIDS SOLICITATION Na. 14-018 JULY 2014 EXHIBIT "A" • City of Round Rock • Solicitation Number: IFB No. 14-018 Water Meter Boxes&Anti-Float Lids Class/Item: 890-40 July 2014 CITY OF ROUND ROCK IFS NO.14-018 WATER METER BOXES&ANTI-FLOAT LIDS PART GENERAL 1. PURPOSE: The City of Round Rock herein after"City" seeks to establish a multiple year contract with a qualified person,firm or corporation,herein after"Respondent',to provide various sized water meter boxes and matching anti- float lids,compatible with remote read meters for use throughout the City's water supply system. 2. DEFINITIONS,TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time of release of the solicitation, shall ' govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions,Terms and Conditions are subject to change without notice. it is the sole responsibility of respondents to stay apprisedof changes. The City's Definitions, Terms and Conditions can be obtained from the City's website h tt p:!!www.ro a n d ro c ktex a s.g o v/bids. 3. INSURANCE: The Respondent shall:meet or exceed.ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website athttp://www.roundrocktexas.govlbids. 4, CLARIFICATION: For questions or clarification of specifications,you may contact: Mike Schur-won,CPPB,CPTM Purchaser Purchasing Department City of Round Rock Telephone:512-218-6682 mschurwon aa..roundrocktexas:gov The individual listed above"may be contacted by e-mail for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval pf the City of Round Rock through the Purchasing Dfvision. 5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified and responsive. Ail Respondents shail: 5.1. Be firms,corporations,individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 5.2. Have adequate organization,facilities, equipment and personnel to ensure prompt and efficient service to the City. 5.3. identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted with solicitation documents. The City reserves the right to approve or disapprove all subcontractors,prior to any work being performed. 5.4. Respondent shall possess ground maintenance experience;which includes manicured grass,shrubs,planting beds and tree maintenance. 5.5. Provide the name, address,telephone number and e-mail of at least three (3)firms applicable to Municipal and/or Government projects that have utilized similar services of size and scope in the past(two)2 years (Attachment A). City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of submittal. 2 of 14 EXHIBIT "A" ' . City of Round Rock Solicitation Number: iFB No. 14-018 Water Meter Boxes&Anti-Float Lids Class/item: 890-40 July 2014 6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on the best value for the City. In determining best value,the City may consider: 6.1. Purchase price; 6.2. Reputation of Respondent and of Respondent's goods or services; 6.3. Quality of the Respondent's goods or services; 6.4. The extent to which the goods or services meet the City's needs; • 6.5. Respondent's past relationship with the City; 6.6. The total long-term cost to the City to acquire the Respondent's goods or services; 6.7. Any relevant criteria specifically listed in the solicitation. 7. AGREEMENT TERM: It is the City's intent to structure the agreement as follows: 7.1. The initial term of the resulting agreement shall be three(3)consecutive twelve (12) month periods from the effective award date. The agreement may be renewed for two (2)additional periods of time, not to exceed twelve(12)months each,provided both parties agree in writing. 7.2. The City reserves the right to review the respondents'performance at any time and terminate all or part of the agreement,with or without cause or continue the agreement through the next period. 7.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give notice to the respondent of the deficiencies and the respondent shall have thirty (30) days to correct such deficiencies. If the respondent fails to correct the deficiencies with the thirty(30)days,the City may terminate the agreementby giving the respondent written notice of termination and the reason for the termination. 8. AWARD: The City reserves,the right to accept or reject all or part of a response, waive minor technicalities and award the response to best serve the interests of the City. Split awards ornon-award may be made at the sole discretion of the City: Award announcement will be made upon City Coundil approval of staff recommendation and executed agreement. NOTE: Award announcement will appear on the City's website at:htto:/fwww.roundrocictexas.gov/bids. 9. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement maybe considered based on the following: 9.1 The City may permit"unit price"adjustments upwardly or downwardly when correlated with the price index.specified herein. Unless otherwise indicated, the price index shall be the specified index as published by the Bureau of Labor Statistics,Washington, DC 20212. The baseline index shall be the index announced for the month in which the solicitation opened. Unit prices may be adjusted for each renewal period and extension period in accordance with changes in index. 9.2 Price adjustments for each renewal and extension periods will be based on the PPI: htto:f/www.bls.eov/npi/, TABLE 3: Producer price indexes for selected stage-of--processing groupings,seasonally adjusted.[1982=100]. 9.2.1 The allowable percent change shall be calculated by subtracting the baseline index announced for the month in which the renewal option is exercised and dividing the result by the baseline index. 9.2.1.1. A=Baseline index from month in which the solicitations opened or the month of the last approved price increase. 9.2.1.2. B=Current and/or latest baseline index. 9.2.1.3. "B" minus "A"then divided by "A". Multiply sum by 100% equals the percent of the allowable price increase or decrease,"C". C=[(B-A)divided by A]x 100% a of 14 EXHIBIT "A" • . City of Round Rock • Solicitation Number: iFB No. 14-018 Water Meter Boxes&Anti-Float Lids Class/Item: 890-40 July 2014 9.2.2 The allowable percent change shall be rounded to the nearest one-hundredth of one percent and shall be the maximum unit price adjustment permitted,except that the vendor may offer price decreases in excess of theallowable percent change. 9.3 Price increase cannot exceed 25%for the total cost and term of the agreement. 9.4 PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE 9.4.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to each renewal period. Vendor shall supply supporting documentation as justification for each request to: City of Round Rock, Purchasing Department Attn: Ric Bowden, Contract Specialist, 221 E. Main Street, Round Rock,Texas 78664-5299 9.4.2, Upon receipt of the request,the City reserves the right to either accept the escalation as supported by the appropriate price index and make change to the purchase order within thirty (30) days of the request, negotiate with the vendor or cancel the purchase order if an agreement cannot be reached on the value of the increase. 10. ACCEPTANCE: Inspection and acceptance of Services should not take more than five (5). working days from completion of said Services.The vendor will be notified within this time frame if the Services are in full compliance with the specifications. If the agreement is canceled for non-acceptance,the Services may be purchased elsewhere and the vendor may be charged full increase,if any,in cost and handling. 11. ORDER QUANTITY: The quantities shown on the Solicitation form are estimates only. No guarantee of any minimum or maximum purchase quantity is made or implied.The City will only order the quantity of services needed to fulfill requirements,which may be more or less than indicated, 12. PROMPT PAYMENT POLICY:Payments will be made in accordance with the Texas Prompt Payment Law,Texas Government Code, Subtitle F, Chapter 2251.The City will pay Vendor within thirty days after the acceptance of 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 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 12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late;or 12.2. The terms of a federal agreement,grant,regulation,or statute prevent the City from making a timely payment with Federal Funds;or 12.3. There is a bona fide dispute between the Vendor 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 12.4. 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. • 13. NON-APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the 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 quantities,as determined by the City's budget for the fiscal year in question.The City may terminate by not providing a renewal contract or by providing the Vendor written notice of termination at the end of its then current fiscal year. 4or14 EXHIBIT "A" City of Round Rock ^ Solicitation Number: IFB No. 14-018 Water Meter Boxes&Anti-Float Lids Classlltem: 890-40 July 2014 14. CANCELLATION:The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the Vendor. Vendor shall provide the City with 120 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor 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 vendor to be non-compliant with contractual obligations. 15. DAMAGE; The.successful Respondent shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work,its personnel and equipment. The Vendor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. 16. ENVIRONMENT: It is the intent of the City to purchase goods and services having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economic considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged. 17. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities mey be extended the opportunity to purchase off of the City's Agreements, with the consent and agreement of the awarded Respondent(S)and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City is not an agent of,partner to, or representative of those outside agencies or entities and that the City is not obligated or liable •for any action or debts that may arise out of such independently-negotiated "piggyback"procurements. 18. RIGHT TO AUDIT: 18.1. The Respondent agrees that the representatives of the Office of the State Auditor or other authorized representatives of the City shall have access to, and the rights to audit, ekamine, or reproduce, and all records of the Respondent related to the performance under this Agreement. The Respondent shall retail all such records for a period of three (3) years after final payment on this Agreement or until all audit and litigation Matters that the City has brought to the attention of the Respondent are resolved, whichever is longer. The Respondent agrees to refund to the City any overpayments disclosed by any such audit. 18.2. Respondent understands that acceptance of funds under this contract acts as acceptance of the authority of the City to conduct an audit or investigation in connection with those funds. Respondent further agrees to cooperate fully with the above parties in the conduct of the audit or investigation; including providing all records requested. Respondent shall ensure that this clause concerning the authority to audit funds received indirectly by sub-Respondents through the respondent arid the requirement to cooperate is included in any subcontract it awards. 19. TAX.EXEMPTION: The City of Round Rock is exempt from all Federal excise, State, and Local taxes unless otherwise state.d in this document. The City claims exemption from all States and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemptions Certificates will be furnished upon request. Respondents shall not charge for said taxes. If billed, City will riot remit payment until invoice is corrected. 20. RESPONDENT RESPONSIBILITES: 20.1.The respondent 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 tribunals in any matter affecting the performance of the contract including, if applicable, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, respondent shall furnish the City With satisfactory proof of its compliance. 20.2.The Respondent shall fully and timely provide all deliverables described in the Solicitation,Contract/Purchase Order and in the Respondents response in strict accordance with the terms,covenants,and conditions of the Agreement and all applicable Federal,State,and Local laws,rules and regulations. 50114 EXHIBIT "A" City`of Round Rock Solicitation Number: IFS No.14-018 Water Meter Boxes&Anti-Float Lids Class/Item: 890-40 July 2014 PART II 1. SOLICITATION SCHEDULE: it is the City's intention to comply with the following solicitation timeline: • 1.1. Solicitation released July 16,2014 1.2. Deadline for questions July 22,20.14,5:00 p.m.,C.S.T. 1.3. City responses to all questions or addendums July 25,2014,5:00 p.m.,C.S.T. 1.4. Deadline for Responses July 31,2014,3:00 p.m.,C.S.T. The City reserves the right to modify these dates. Notice of date change will be posted to the City website. All questions regarding the solicitation shall be submitted in writing by Monday,July 21,2014,at 5:00 PM(CST)to Mike Schurwon,CPPB,CTPM,Purchaser;City of Round Rock by e-mail: mschurwon o,roundrocktexas.gov on the date noted above.The City shall provide answers to all questions by Monday,July 23,2014,at 5:0.0 p.m.(CST). The City shall not be responsible for failure of electronic equipment of operator error. A copy of all the questions submitted and the City's response to the questions may be posted the City of Round Rock webpage, http:l/www.roundrocktexas.gov/bids. 2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM,Thursday,July 31,2014, as noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock City Hall,—Reception Desk 221 E.Main Street Round Rock,Texas 78664-5299 Attention:Mike Schuman-Purchaser WATER METER BOXES&ANTI-FLOAT LIDS-"DO NOT OPEN" IFB No. 14-018 Deadline:July 31,2014,3:00 pm 2.1. Responses received after this time and date shall not be considered. 2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title,number,due date and"DO NOT OPEN". 2.3. Facsimile or electronically transmitted responses are not errrpotable. 2.4. Late responses will be returned to Respondentunopened if return address is provided. 3. RESPONSE REQUIREMENTS: Respondent shall submit one(1)executed (signed)"Original" and two(2)copies of the bid response. Completed documentation shall include,et a minimum: 3.1. itemized and signed solicitation document. Failure to itemize solicitation may result in disqualification. 3.2. ATTACHMENT A: Reference sheet that shall include the name,address, active telephone number and valid e-mail of at least three (3) firms applicable to Municipal and Government projects that have utilized similar services in the fast two(2)years. 3.3. ATTACHMENT B: If addendums have been issued,bidder(s)should complete and return"Attachment B"with their response. Failure to do so may result in disqualification of bid response_ 3.4. ATTACHMENT C: Bid Form No.1 3.5. ATTACHMENT 0: Bid Form No.2 3.6. ATTACHMENT E: Bid Form No.3 6 of 14 EXHIBIT "A" City`of Round Rock Solicitation Number: IFB No. 14-018 Water Meter Boxes&Anti-Float Lids Class/Item: 890-40 July 2014 4. POST AWARD.MEETING: The City and Respondent may conduct a post award meeting to discuss,but not limited to the following: 4.1. City contact(s)information for implementation of agreement. 4.2. Agreement terms and conditions. 4.3. Performance Measures 7 of 14 EXHIBIT "A" • City bf Round Rock Solicitation Number: iFS No. 14-018 Water Meter Boxes&Anti-Float Lids Class/Item: 890-40 July 2014 PART Ill SPECIFICATIONS 1_ SCOPE OF WORK: Provide water meter boxes and lids in five (5) sizes to be used by the City of Round Rock water line maintenance. Unit(s) furnished to these specifications shall meet or exceed all requirements describes herein. Single wall water meter boxes and anti-float lids shall be used to house and protect various size remote read water meters from damage due to,but not limited to, ground collapse or traffic through the City's water supply system. Specifications cover only the general requirements as to the performance and design criteria of the water meter boxes and anti-float lids, as well as certain details to which the successful respondent shall conform. Respondents shall be responsible for furnishing equipment that meets or exceeds all of the requirements as set forth herein,as well as provide equipment that is designated for the intended application. 2. APPROVED PRODUCTS LIST: The water meter boxes listed have been pre-approved for compatibility and durability. Meter boxes currently pre-approved as outlined as follows: 2.1 Meter Box with Lid(Anti-Float),Size A Use with single service for 518,3/4&1 inch meters • MFG: DFW Plastics,inc.,#DFW36C-12-AF1EQA 2.2 Meter Box with Lid(Anti-Float),Size B Use with singie service for 518,3/4&1 inch meters MFG: .DFW Plastics,inc.,IiDFW37C-12-AFIEQA 2.3 Meter Box with Lid(Anti-Float),Size C• Use with single service for 518,3/4&1 inch meters MFG: DFW Plastics,Inc.,#DFW38C-14-AFIEQA 2A Meter Box with Lid(Anti-Float),Size D Use with single service for 5/8,3/4&1 inch meters MFG: DFW Plastics,Inc.,#DFW1730C-12-AFIEQA 2.5 Meter Box with Lid(Anti-Float),Size E Use with single service for 5/8,3/4&1 inch meters MFG: DFW Plastics,Inc.,#13FW65C-14-AFIEQA 2.6 Meter Box Lid(Anti-Float)"ONLY"Size A Use with single service for 5/8,3/4&1 inch meters MFG: DFW Plastics, Inc.,#DFW36C-12-AFIEQA-LID 2.7 Meter Box Lid(Anti-Float)"ONLY"Size B Use with single service for 5/8,3/4& 1 inch meters MFG: DFW Plastics,Inc.,#DFW37C-12-AFIEQA-LID 2.8 Meter Box Lid(Anti-Float)"ONLY",Size C Use with single service for 5/8,3/4&1 inch meters MFG: DFW Plastics,Inc.,#DFW38C-14-AFIEQA-LID 2.9 Meter Box Lid(Anti-Float)"ONLY",Size D Use with single service for 5/8,3/4&1 inch meters MFG: DFW Plastics,Inc.,#DFW1730C-12-AF1EQA-LID 8or14 EXHIBIT "A" City of Round Rock Soliditation Number: IFB No. 14-018 Water Meter Boxes&Anti-Float Lids Class/Item: 890-40 July 2014 2.10 Meter Box Lid(Anti-Float)"ONLY"Size E Use with single service for 5/8,3/4&1 inch meters MFG: DFW Plastics, Inc.,#DFW65C-14-AFIEQA-LID 3. FUNCTIONAL REQUIREMENTS: The water meter boxes and lids shall: 3.1 Be equipped with an all-purpose flange around the top perimeter to allow the box to be installed in concrete, asphalt or other permanent material. 3.2 Have a crush resistant ribbing along the outside of the box and earth retaining ring to help prevent sinking or floating when installed in native soil. 3.3 Be engineered to withstand constricting ground pressures and withstand 20,000-pounds vertical crush load. 3.4 Be lightweight to enable one person to quickly and efficiently install the box. 3.5 Be equipped with a skid resistant,plastic anti-float lid that securely and evenly sets inside the box and shall not overlap the top edge of the box. 3.6 Have a minimum four-inch high pipe slot cut out(s). 4, DIMENSIONS: The water meter boxes and lids shall be rectangular in shape with the following dimensions: 4.1 Meter Box with Lid(Anti-Float),Size A LID(Anti-Float): 10-3/16"W x 16-9/16"L BOX—Outside Dimensions: 13-3/4"W x 18-7/81 x WALL—3/8" MFG: DFW Plastics,Inc.,#DFW36C-12-AFIEQA 4.2 Meter Box with Lid(Anti-Float),Size B LID(Anti-Float): 11"W x 17-3/41 BOX—Outside Dimensions: 14-3/4"W x 21"L x 12-1/2"H WALL—3/8" MFG: DFW Plastics; Inc.,#DFW37C-12-AFIEQA 4.3 Meter Box with Lid(Anti-Float),Size C LID(Anti-Float): 17"W x 181 BOX Outside Dimensions: 20-112°W x 21-1/2"L x 14"H WALL—3/8" MFG: DEW Plastics, Inc.,#DFW36C-14-AFIEQA 4.4 Meter Box with Lid(Anti-Float),Size D LID(Anti-Float): 17-3/4°"W x 30-5/8"L BOX--Outside Dimensions: 21-114"W x 33-3/41 x 12"H WALL--3/8" MFG: DEW Plastics,Inc.,#DFW1730C-12-AFIEQA 9 of 14 EXHIBIT "A" City of Round Rock Solicitation Number: IFB No. 14-018 Water Meter Boxes&Anti-Float Lids Class/Item: 890-40 July 2014 4.5 Meter Box with Lid(Anti-Float),Size E LID(Anti-Float): 15-1/4"W x 26-7/8"L BOX—Outside Dimensions: 18-3/4"W x 30-3/8"L x 14"H. WALL—3/8 MFG: DFW Plastics,Ino.,DFW65C-14-AFIEQA 4.6 Option No.1: Meter Box Lid(Anti-Float)"ONLY"Size A Dimensions: 10-3/16"W x 16-9716"L MFG: DFW Plastics,Inc.,i!DFW36C 12-AFIEQA-LID 4.7 Option.No.2: Meter Box Lid(Anti-Float)"ONLY"Size B Dimensions: 11"Wx 17-3/4"L MFG: DFWPlastics, Inc.;#DFW37C-12-AF1EQA-LID 4.8 Option No.3: Meter Box Lid(Anti-Float)"ONLY"Size C Dimensions: 1TW x 18"L MFG: DFW Plastics,Inc.,#DFW37C-12-AF1EQA-LID 4.9 Option No.4: Meter Box Lid(Anti-Float)"ONLY"Size D Dimensions: 17-3/4""W x 30-5/8"L MFG: DFW Plastics,Inc.,it0FW7730C-12-AF1EQA-LID 4.10 Option No.5: Meter Box Lid(Anti-Float)"ONLY"Size E Dimensions: 15-1/4'W x 26-7/8"L MFG: DFW Plastics, Inc.,1:DFW65C-14-AF1EQA-L(D 5. PROPERTIES: The box shall be molded out of modified polyethylene material in accordance with the minimum ASTM specifications outlined below: Properties ASTM Test Method Minimum'TestValue Tensile strength @ Yield D638 2300 psi Ultimate Elongation(%) D638 765 Density 01505 0:932 Flexural Modulus D790 73,000 psi Deflection Temperature D648 88c @ 66 psi Melt Index(dg/min.) 01238 Cond.E 5.0 UV Stabilizer Yes NA 10 of 14 EXHIBIT "A" City of Round Rock Solicitation Number: IFB No. 14-018 Water Meter Boxes&Anti-Float Lids Class/Item: 890-40 July 2014 NOTES: 1. Polymer lid shall be constructed of ANTI-FLOAT polyethylene material. 2. Polymer lid shall have a molded key hole. 3. Polymer lid shall have a molded slide mount bracket for placement of AMR/AMI device. 4. Polymer lid shall be black and have a molded recycled emblem with a minimum of 50%Post-Consumer Recycled and 50% Post Industrial/Pre-Consumer Recycle Content. 5. Meter box shall be black and constructed out of modified polyethylene material for maximum durability and corrosion resistance. 6. Meter Box-Vertical and Lateral Load Rating shall be compliant with the following: a. AASHTO, Design Load of H-10;ASTM 0857-12a, Design Load A-8, 8,000lbs, transferred through a 10"x 10"steel plated centered in the cover and body. • b. AASHTO,Design Load of H-20;ASTM C.857-12a,Design Load of A-16,16,000lbs.transferred through a 10"x 20"steel plate centered on the cover and body. 6. AUTHORIZED CONTACT: 6.1. The.City hereby designates the following representative(s)authorized to act in its behalf with regard to all purchases of water meter boxes and lids(anti-float)for the City of Round Rock—Utilities and Environmental Services as follows: Mr. Rick Whisenant Utility Inventory Specialist City of Round Rock Utilities.and Environmental Services 910 Lather Peterson Place Round Rock,TX 78665 Telephone: (512)218-5570 E-mail`_ rwhisenantt roundrocktexas.gov , • 11 of 14 EXHIBIT "A" • 1 City Of Round Rock - Solicitation Number, IFB No.144018 Water Meter Boxes&Anti-Float Lids Class/item: •890-40 July 2014 SOLICITATION INSTRUCTIONS ITEMS BELO.WAPPLYTO AND BECOME}PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS:THERETO MUST BE IN WRITING 1 SOLICITATION REQUIREMENTS: 1.1 Responding.requires:priding,per Unit shown and extension: If trade.discount is shown on,solicitation,it should be deducted and net line extensions shown. Respondents guarantees product offered will meet or exceed specifications identified in this Invitation for Bid(IFB). 1.2 SokcilaGons shall be submitted on Solicitation Shed. Each response shall be placedin a separate envelope completely and propedy.identified.. Responses must be in the Purchasing Deparlmerttbefore the both-anddale spec'r.0ed on the sokcitaUon. 1.3 Late responses properly Identifiedwill be returned to respondent unopened Late responseewll not be considered, 1.4 Respond F. .8 destination,freight.prepaid,&allowed Uniess othenvisespecified on the*elicitation:Ifotherwise,show exact cost to deliver. 1.5 Response shall show Unit price on quantity and unit of measurc specified,extension and show total. Incase of errors in extension,unit prices shall govern. Responses subject to unluntled'prioe.inaeasevell not be considered. !! 1,6 Submibes'piloOS shall be turn for acceplanee 30 days from solicitation opening date. "Discount from List'responses are not acceptance unless requested, Cash discount will not be considered in determining the low respons.%All cash discmints offered wilt;be taken if earned 1.7 Responses shall give Tax identlliicallon Number,full name and address or respondent Failureto'sign wilt disqualify response. Person signing response shell show title and authority.to bind signatories firth in anlagreemenh Firm name should appear on each page intheblock providedin the upper right comer.'Business Entity shall be one(1)of the following.Individual,Partnership,,Sole Prfrpdetorship,Estate/Trust Corporation,Governmental Nonprofits at,others shalt bespeeifred. INDIVIDUAL:List name and number as shown on Social Security Card,SOLE PROPRIETORSHIP:List legal name followed by legal business name and Social Security Number.ALL OTHERS;List legal name of entity and Tax{deotiIcatiori Number(LIN). 1.a Responses cannot altered oraniended after operdeg me Any'Alteratlops made before opening time shall be Initialed by respondent or an authorized agent No response can be Withdrawn alter opening limewiltroutapproval of the CITY based on a vhllten acceptable reason. 119 The Pity tsexeroptfromStateSatesTaxand_FederatExciseTax..Do.notindudetaxinresponse. 1.10 The City reserves:the right to accept or reject orany pari of response;waive minor technicalities and award the response to best serve the.inlerests of the City.Split awards maybe made attire sole discretion of the City, 1:11 Consistent andmaGriried tie responsescduld cause rejection of responses by the Pity,andforinvestigation forantitriist violatiions. 1A2 Telephone,facsmile;and electronically transmitted responses are het acceptable iii responsolo the solicitation. 1:13 CAUTION:Sollafattoq invitation alloys suffaienl time for receipt of the preferred mail response, The City shall not be responsible fur received late,illegible, incomplete,or olhenvise_ion-responsive. 2: SPECIFICATION 2.1. Any.catalog brand name or mancifacturer's,reference used in the solicitation Is descriptive only(hot restrictive),and is used to indicate type and quality desired. Responses on brands of like nature and quality.wil be considered unless advertised under the provisions of Section 252.022:of tie Texas Local Goverrmient Codi. If I{ other than brand(s)'specifed is offered.illustratIonsand complete descriptions of product offered are requested•to'be made a_part of the response- If respondent takes no exceptions to epeallcationsorreference data In response,respondentvdU be required to fprnish.brand names,numbers,etc.;as specifiedjn the solicitation, 22 All noesis onthe,soljciatfon shall be new,in-first clash conditon,including containers-suitable for shipment and storage,Unless othetwlseindcmted in the sdldtation. V.ertiat agreerrlentsto the Contrary wtii not be'recognized. 2.3 Samples,when requested ntustbe furnished free of expense'to the City. If not destroyed in examination,they'will be returned to the respondent,on request,at respondenlexpense;Each exarpple should be marked With respondents'nameand address,-City solicitation numberand code.Do notendoseln or attach to response. 2.4 The City till not be boutid by any Mai statement or rePreseritakoh.Milian/to the Written sPecifloations orate soffeitation. 2S Manufaddrersatanderdwrarrantyshal apptyuntess:olhei iise"statedInthesolicitation. 3, TIERES,PONSES<In case 011ie responses,the award v46 be made in accordance with.Secton271.901 of lheTexanthet ocal Government Code:. 4. DELIVERY; 41 Responsesthall show numtmerof days required to place material in City's designated location under normal'candN'ons, Failure to state deliver time obligates respondent , to complete delivery"in fourteen.(14)Calendar days tinrralrskcally short or long delivery.promises may cause response to be disregarded. Consistent failure tomeet delivery promises without valid reason may cause removal fmm Vendor fist.(See.4,2 fellowing:) 42 if delay Is foreseen;Vendor give written notice to the City The City has the right to extend delivery dale if reasons appear valid,Vendorshatl keep the City advised at all'times'of.status of Order,. Default In promiseddefniery(wthoutacceptable reasons)or failure to meet"specifications,authorizes the City to purchase supplies elsewhere and charge full increase,it any;in cost and handling to defaulting Vendor. 4.3 (10 substitutions oi-cancullatons petmttted scsthoutwrilton approval of the City 4.4 Delivery shalt be made dudrlg normal.working hoes only,unitss,prior approval for late deljvery has been obtained from the City,unless otherwise specified In the sofrotation. 5. INSPECTION AND TESTS:Ailgaods will be subjectto InsPection and test by the City to theextent practicable et all Umes.and pieces.Authorized City personnel shall have access le:anysuppler's place oftrusiness fortte purpose of inspecting metchapdise.Tests may be pedamedon samples submittedwiththe response or ensampies taken from regular shipments, If lIne products testa)(alt to meet or exceed all conditions and requirements of the specifications,the cost the'sample used and the cost at the testing shall be:bome bytresuppker; Goods,which have been deflvered andrejected,n whole or In pad may,at theCttys option,be returned to We Vendor dr held for diLposdlonet Vendors risk and expense,_Latent defects may result inreYocationof acceptance. 6, AWARD OF'AGREEMENT:Aresponse to a solicitation Is.an offertoc ontiactwilh the City based'upon the terms conditions,and specifications contained in the sdidtaten. Responses do not,become agreements.or purchase;orders unless and until they are accepted by the City through Its designates and en agreement or a.purchese order is issued. The.agreement or purchase aider shalt be.governed,construed,and interpreted under the Charter of the City and Ike laws of State of Texas. All ogreeaentu or • purchase orders are subject tit the approval Of theCity Council or Manager. 7. pAYMEN:Vendorshallsubmkthree(5)copiesofanlnvgteeshotMgtheagreementorpurchaseordernumber.onallcopies. 8, PATEN'S AND COPYFOGHTS:me Respondent agrees&protect the Cityfroin delete Involving infrIngementt of patents or copyrightt. 9. RESPONDENT ASSIGNMENTS: lieepondenthereby assigns to the purchaser any and all claims for overcharges assadated with.this agreement,which arise under the • antitrust laws oftiie Stale ofTexas:TX;Bus.AndComm.Cede Ann.Set.15.01,etseq,(1967). 10. RESPONDENTAFFiRMATICN: 10,1 Signing'the response with a falseslatemeritis a material breach of agreement.and shall void the response orany resulting agreement,and the Respondent shall be removed from:alt Vender,fists. Bysigirature hereon affixed,the respondent hereby certifies that 10,2 The.respondent has not given,.offeied to give,nor intends to give any dine herealter..any ebonomic opportunity,future employment gift loan,gratuity,Special discount. Up favor or servIce to apubllcsetvaflttn connectIon with tire submitted response 10.3 The respondent is not currently dellnquentlrr Use payment orany debt owed the City 10.4 Neither the respondent nor the firm,corporation parinershlp,or any entity represented by the respondent,or anyone acting for such firm,carporatIon,or entity tics • violated the antitrust fats of INS Stale redified in Section 15.01 et-Seq.Texas Business and Commercial Code;or the FederalAntitrust Laws,norcommunicated directly or indirectly the response made to any competitor,or any other person engaged in such line of business. 10.5 The respondenthas.notreceived compensation for-participation iii the preparation of the specification for the solicitation, 11, NOTE TO RESPONDENTS: Any leans and conditions attached le response Will not be considered unless the respondent.speaficallyy references them on the front of the response form,WARNING Such terms and conditions may resullin disquattication of the response rag,responses Wilts the laws of a state.other than Texas requirements for prepayment Limitations on remedies,etc,)The.City of Round Rock can only accept responses which conteinall the terms and conditions of its formal soliiotalion:In panirvlar, a¢respondents'affirmations andcertifipgWumustbeincluded. Submission of responses on forms other than PIty's form may result In disqualifitation of your response. 12, INQUIRIES:Inquiries pertaining to Solicitation inultations-must'give Solicitation number,codes,and opening date. 12 of 14 EXHIBIT 11A" WATER METER BOXES&LIDS 1FB Solicitation No.14-011 Class/Item: JULY 2014 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: ) 114-0 1 O RESPONDENT'S NAME: A) e-Cb6-1r'�-t r.. DATE: 0 9- 1 3(/0.0111 Provide the name, address, telephone number and point of contact of at least three (3) firms applicable to Municipal andfor Government projects that have purchased similar water meters boxes and lids for at least two(2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name ( l (' 1144,r2o. , Name of Contact 15yI j ,'G f,v,gs The of Contact /.14-/tr/4.4A---AA-41-- &/• AA/1-" e r E-Mail Address j'5 � </.t (� Sq �Ma reo ST 5Z:3d V Present Address &Rfa t`r ,91-( ) S-• City,State,Zip Code 4.,g;ifet.) .4.44"r/V 77( "7Y((o CC Telephone Number (,57�) Fax Number:( *tee"- 2. Company's Name C/ p f 422r341h Name of Contact / �',- ��� t"�Y3 Title of Contact E-Mail Address cYY17-;- g'74.-3w yreoria-744M Present Address City,State,Zip Codearse,. „f.., /71-1v/ r)9k�'7 Telephone Number ( i�) 1273/1-34,q Fax Number.(, --3G '( 3. Company's Name ofj O/ ,SS77✓) Name of Contact '� ✓✓ 21-44,CS Title of Contact E-Mail Address &Z4;44-e,JC 4s p A.fTi 4is. .�o✓ Present Address �}fh5'e, 5-'o 0 City,State,Zip Code a 77- -7 p ?D/ Telephone Number ( c/v) cp- -Z. b2,„.� Fax Number:( S/Z) q72-D3K FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. • • 13 of 14 EXHIBIT "A" • WATER METER BOXES a LIDS IFS Solicitation No.14-011 Cfass/Rem: JULY 2014 City of Round Rock ATTACHMENT B ADDENDUM ACKNOWLEDGMENT FORM NOTE: IF ADDENDUMS HAVE BEEN ISSUED, BIDDER(S) SHOULD COMPLETE AND RETURN THIS ATTACHMENT WITH THEIR BID RESPONSE. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF THE BID RESPONSE. ADDENDA ACKNOWLEDGMENT: The undersigned acknowledges the receipt of the following Addenda: Addendum*: — Dated: C7/5/4D/ 6 Addendum#: Dated: Addendum#: Dated: Addendum it: Dated: Addendum#: Dated: Respondent(Company): 14 -41‘11.1:100". Signature(in ink): Name(Typed/printed): (.(7 V1AA rnL- Title: LecJ AJ 5(J,Q Scifes Date: 07 40 117_,-0/ r I 14 of 14 EXHIBIT "A" 17 // ROUND ROCK.TEKAS . I'/ IL*1.1'I.I..V*n 11:I,41 nl ATTACHMENT C-BID FORM No. 1 PURCHASING DEPARTMENT 221 E.Main Street- Round Rock,Texas 78664-5299 e-ar 2 Solicitation Number: IFB No.14-0T8 Tax ID Number: 0,3 J O Solicitation Name: Water Meter Boxes& O Business Name: 14b U V P �Il M d Lids - Q ` IJ / a 2 Address: t3o I, tOJQ Cls t ,�c4,Pby 0Opening Date: July31,2014. p Z z Address: Z Opening Time: On or Before 3:00 PM CST I— O p g w Contact: LvG ii/1 Q'r i Y1�3 1= Opening Location: City of Round Rock Z Telephone: 6t Z ` l-1 b- 7(t /D City Hall 0 aJ 221 E.Main Street Iuu E-mail: Loat r�+ a -hl e i4—sot ( , i 1" Round Rock,TX78664 x Website: Nh So pi)} •G'o HOW DID YOU HEAR ABOUT / THIS SOLICITATION? I I Newspaper ri Citys Website I vi E-mail AnnoUncement I I MD i I Other Oct TIME RESPONDING AREYOU REGISTERED TOTHECITY? Yes I I NO WITH VENDOR CENTRAL? I I Yes No Register at: roundrocktexas.gov/vendorcentral • Item it Description Unit Price Unit of Measure Extended Price 1 Meter Box&Liii,Size A—Reference: DPW Plastics 140 EA �� #DFW36C-12-API EQA La, 142 q L4'J Meter Box&Lid,Size B-Reference: DFW Plastics it! �• 3"D 2 #DF W37C-12 AFI EQA 39 °q -f•0Q-3 B r Meter Boz&Lid,Size C—Reference: DFW Plastics rq 0, 3 #DFwN38C-14-AFI EQA it 2.-. 9 G 250 17—"EA 01 -20 . Meter Box&Lid,Size 0—Reference: DFW Plastics f�i 50 4 EA #DFW1730C-12 AF1EQA /reG r63G, p 0 f 7 / Meter Box&Lid,Size E—Reference: D.FW Plastics 3 v 5 #DFW65C-14 AF1 EQA /191f t: ') r By the signature hereon affixed,the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent,or anyone acting for such entity has violated the antitrust laws of this Stale,codified in Section 15.01 et seq.,Texas Business and Commerce Code, or the Federal antitrust laws,nor communicated directly or Indirectly,the response made to any competitor or any other person engaged in such uline of business. Further,by signing and submitting this response the Respondent acknowledges: Z • That they have read and fully understand the solicitation and accept all terms and conditions set forth herein. • The respondent is nol currently delinquent in the payment of any debt owed to the City. w 0 Sealed response envelope shall be dearly marked with solicitation name,solicitation number and name of responding entity. (=] The agreement or purchase order resulting from this solicitation may qualify for Inter-local or Cooperative Contracting(Piggybacking)per the terms outlined in Part I.*i7 of this solicitation. If applicable,do you agree to"piggyback'purchasing from other governmental agencies? O Z i-1 Yes 1.---1 No Response shall include one ) igned"Original"and Two(2)copies of response. < L c(dt) 1/04 r4ltn'e-; 0'14 t (2.,oid Printed Name Au horized Signature Dale Failure to sign response will disqualify response. EXHIBIT "A" 1 • t l ,4s:'i r~' ,..,/•• ROUNDROCi.TUr6 iIK:+IY_I.t.n,p .i'lill{ ATTACHMENT D-BID FORM No.2 PURCHASING DEPARTMENT 221 E.Main Street• Round Rock,Texas 78664-5299 Solicitation Number: IFS No.14-018 Tax ID Number: (0 3-OSS 03 O `` z z c�^-- O Solicitation Name: Water Meter Boxes& O Business Name: O Jk_.) e I u,. Q Lids q ti 2 Address: 1. 61, lilt;(;(. t,ANe ft P1Cw oOpening Date: July31,2014 0 z _z Address: zo Opening Time: On or Before 3:0D PM CST I— o 3 w Contact Via al-�! Opening Location: City of Round Rock z ,S7?---q/O-- y 77j u Oty Hall o Telephone: a / 221 E.MainStreet co wE-mail: ku6tt).14,iu'C'1-Coe3(01.155-0 p( diii En Round flock;TX 78664 cc . ` S Website: �b P(Li •C°O VI--\ HD W DIO YOU HEAR ABOUT TH ISSOLICITATION? I I Newspaper I I City's WebsiteFe(-mail-Announcement n ESRD ❑Other 1st TIME RESPONDING _, ARE YOU REGISTERED TOME CITY? I1 Yes IT No WITH VENDORCENTRAL? 1 I Yes I I No Register at: roundrocktexas.goy/vendorcentral Item It Description Unit Price Unit of Measure Extended Price Option No.1 6 Meter:Sox Lid"ONLY",Size A—Reference: OFWr_I EA l)1;6(p FI Plastics#DFN36C-12-AEQq 6 A-LID YY O�`1 Option No.2 t 7 Meter Box&Lid,Size B-Reference: DFW Plasticsi i EA C #DFW37C-12-AFI EQA-LID 3 .� Option No.3 8 Meter Box&Lid,Size C—Reference; DFW Plastics. 1 EAS #DFW38C-14-AF1EQA-LID ;J-Sj 3 Option No.4 9 Meter Box&Lid,Size D.—Reference: DFW Plastics15 EA 1-9 5-i#DFW1730C-12-AFI EQA-LID Option Nay 10 Meter Box.&Lid,Size E—Reference: DFW Plastics 9-d d 43 3 EA h 03 #DFW65C-14-AFI EQA-LID V f3y the signature hereon affixed,the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent,or • anyone acting for such entity has violated the antitrust laws of this State,codified in Section 15.01 el seq.,Texas Business and.Commerce Code,or the Federai antitrust laws,nor-communicated directly or indirectly,the response made to any competitor or any other person H engaged in such line of business. Further,by signing and submitting this response the Respondent acknowledges: Z • That they have read and fully understand the solicitation and accept all terms and conditions set forth herein. • The respondent is not currently delinquent in the payment of any debt owed to the City. Lu C7 Sealed response envelope shall be clearly marked with solicitation name,solicitation number and name of responding entity. O The agreement or purchase order resulting from this solicitation may qualify for Interlocal or Cooperative Contracting(Piggybacking)per the • terms outlined in Part I,417 of this solicitation. If applicable,do you agree to'piggyback"purchasing from other governmental agencies? , O Z ❑ Yes fI - No Response shall include o e(1 igned"Original"and Two(2)copies of response. U 1 / • Q Lve aA.4 1--t 0 9-1.31 /-.0 r oc7 r n.t° Printed Name ) Aul prized Signal re-' Date Failure to sign response will disqualify response. EXHIBIT "A" ' �It6UNDRUCK:TExAS ' Itiay. i',miniumnia ATTACHMENT E BID FORM No.3 PURCHASING DEPARTMENT 221 E. Main Streets Round Rock,Texas 78664-5299 { Solicitation Number: IFB No.14-018 0, -'0 50 Y Y 1- Tax ID Number; O Solicitation Name: Water Meter Boxes& OBusiness Name: b`"JU p(3 1__ Ph Q Lids a "�+ - ;� 1 P&w� � 2 Address: 1�► �l�t'.1:1-s 6:�CA'�� 0 Opening Date: July 31,2014 O z z Address: Z Opening Time: On or Before 3:00 PM CST i- • WC(� In n { I t 0 z Contact: a v lx T- w Q Opening Location: City of Round Rock -Igo -a 1 Ci Hall Telephone: t n0. �/� D 221.E.Main Street N Lucid- r rt, 0 E-.) bSpla.t'O cu E-mail: 't Tt v fil Round Rock,TX 78664 FF}} Website: i •Sa ill • •o Nil HOW DIO YOU HEAR ABOUT THIS SOLICITATION? Newspaper Ej City's Website n✓E ail Announcement I I ESBD i i Other 1st TIMERESPONDINGAREYOu ntoisrEREo TO'THetrIYt I—ives I—iNo WITH VENDOR CENTRAL?' [i Yes 0 No Register at: roundrocktexas.govfvendorcentrat Item# Description Unit Price Unit of Measure Extended Price Option No.6 11 Brass Locking Mechanism-Reference: DFW Plastics 5 EA US/ ? '#/!]FW-SBLOCK-XL. (S EE • By the signature hereon affixed,the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent,or anyone acting for such entity has violated the antitrust laws of this State,codified in Section 15:01 et seq.,Texas Business and Commerce Code, or the Federalantitrust laws,nor communicated directly or indirectly;the response made to any competitor or any other person engaged in such N line of business. Further,by signing and submitting this response the Respondent acknowledges: Z • That they have read and fully understand the solicitation and accept all terms and conditions set forth herein. w • The respondent is not currently delinquent in the payment of any debt owed to the City. 11 • Sealed response envelope shall be clearly marked with solicitation name,solicitation number and name of responding entity. ei The agreement or purchase order resulting from this solicitation may qualify for Inter-focal or Cooperative Contracting(Piggybacking)per the terms -' outlined in Part I.g17 of this solicitation; If applicable,do you agree to"piggyback'purchasing from other governmental agencies? 0 f�l Yes ( No Response shall inclu'e o e fir igned"Original'and Two(2)copies of response. • z ' I f1 a Lvt� Wllt r(-►Nfk e 1 7-A 1 &/171 -.. Aul orixedSi ndtbre Date' ' Printed Name � 9 Failure to sign response will disqualify response. EXHIBIT "A" • i• . • ROM)ROCK,TEXAS PURPOSE.PASSION.PROSPERITY. CITY QP ROUND ROCK WO NO. 14-018 WATER METER BOXES:8; ANTI-FLOAT LIDS IFB 147Q18 Addendum No,: 1 Date: Friday, 07118/2014 The fbilMing are"CHANGES"to IFB NO: 14-Q18 for Water Meter bVe8 and anti-floatlidS as outlined below: 'I. DELETE"PART 1"—S.Qtialific4OnS in IFB No. 14018 document in its entirety. 5. QUALIFICATIONS: the Opening of a respon$e shall hot be construed as the City's aboeptance cif sugh as qualified and responsive. All Respondents shall: 5.1 Be firms,corporations, individuals or partnerships normally engaged in the sale and distribution of commodity Or provision of the services as specified herein: 5.2 Have adequate Organization, facilities, equiprnent and persOnnel to ensure prompt and efficient sei-viCe to the City. 53 Identify any.subcontractors to be,used for this prOject. Experience,qualifications and referenCeS of the SUb.beritreters-Shell be submitted With SOlicitation dOduments.The City reserves the right to.approve or disapprove all subcontractors, prior to any work being performed. 5.4 Respondent shall possess ground maintenance experience; which includes manicured grass,shrubs, planting beds and tree maintenance. 5.5 Provide the nerne, address, telephbne number and e-mail of at least three (3)firms applicable to Municipal and/or Government projects that have utilized similar services of size and scope in the past (two) 2 years (Attachment A). City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may resUlt in disqualification of submittal. Page I 1 EXHIBIT "A" CITY OF ROUND ROCK 1FB NO. 14418 WATER METER BOXES &ANTI-FLOAT LIDS tra No. i401 Addendum No.: 1 D.ate: Friday, 0711812014 (Oontinued) The folloWing are"Cl-IANO. S"to IFI3 No 14-01.8 for water meter boxes and anti-float lids as ocitlihed below! "REPLACE"PART 1"-5 Qualifications in IFP No. 14-b18 documentwith the following'PART 1" 6. Qualifications (REVISED). 5. QUALIFICATIONS: The opening.of a response shall not be construed as the City's acceptance of such gs.qualified and responsive. Alli Respondents shell: firms„ corporations, individuals pr partnerships normally engaged in the sale and distribution of corrirriodity.as specified herein. 52 Provide the: name, address, 'telephone number and email of at least three firms applicable to Municipal and/or Government projects that have purchased similar Wafer meter boxes and anti-float lids iii the past two (2) years per Attachment.A. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disittualifiCation.of.Submittall 2. DELETE "PART Ii"—1.Solicitation Schedule it!.IFEt NO, 14-018 document in its entirety. PART.II 1. SOLICITATION SCHEDULE:- It is the City's intention to comply with.the-following solicitptiOn 1.1. Solicitation released July 16,2014 Deadline for questions July242014,5:00pern„C.S.T. 1,3: City.reSpenses to ail questions or adderidums July:25,2014,5:00 1.4. Deadline for Responses July 31,2014,3:100 p.m.,G.$.T. The city reserves the right to modify these dates. Notice of date change will be posted to the City wePsitp. All questions'regarding'the solicitation shallbe:suprnitted in writing by Monday,July21,2014,5at 5i00.Ptil(CST)to Mike actiorwon,CPPS,CTPM,Purchaser,City of Round Rock bye mail trisdlitiridon(@roundrocktexas:qoy on the date noted al?ove.The City shall provide answers to all questions by MotidaY,.July 23.,2014,at 5:00 pan.:(CST).The City shall not be responsible for failure of electrOnig-00ijoroiit of operator error. A copy°fall thequestions,subrnitted and the City's:response to-the questions may be posted the City of Round Rock webpege,http://Www.roundrocktexas.govibid . ?age2 • EXHIBIT "A" • CITY OF ROUND ROCK IFB.NO. 14-018 WATER METER BOXES &ANTI-FLOAT LIDS IFB No. 14.018 Addendum No.: 1 Date: Friday, 07/18/2014 (Continued) REPLACE"PART II" 1. SolicitationSchedule in IFB No.14-018 document with the following"PART II"—1. Solicitation Schedule (REVISED). PART II 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1 Solicitation released July 16,2014 1.2 Deadline for questions July 22,2014,5:00 1.3 City responses to all:questions or addendurbs July 25,2014,5:00 pan:,C.S.T. 1.4 Deadline for Responses July 31,2014,3:00 On.,C.S.T. The City reserves the right to modify these dates. Notice of.date change will be posted to the City website. All questions regarding the solicitation shall be submitted in writing by Tuesday,July 22,2014,at 5:00'Pl4ti(CST)to.Mike Schurwon,CPPB,CTPM,Purchaser,City of Round Rock.by e-mail: mschurwbnna.roundrbcktexas.gov on the date noted above. The City shall provide answersto all questions by Friday,July 25,2014;at'5:00 p.m.(CST).The City shall not be responsible for failure of electronic equipment of operator error. Atopy of all the questions submitted and the City's response to.the questions may be posted the City of Round Rock Webpage, http:/lwww.roundrocktexas.gov/bids, NOTE: The above submittal and response dates for questionshave changed to:reflect the correct dates as referenced in "PART II"—1.. Solicitation.Schedule REVISED)as follows: DEAD.LINE'FOR SUBMITTAL OF QUESTION IS: TUESDAY, JULY 22, 2014,2014, 5:00 P.M.{CST) DEADLINE FOR CITY TO RESPONSE TO QUESTIONS IS: FRIDAY, JULY 25, 2014.@ 5:00 P.M. (CST) Page 13 EXHIBIT "A" • CITY OF ROUND ROCK IFB NO. 14-018 WATER METER BOXES &ANTI-FLOAT LIDS 1FB No. 14-018 Addendum No.: 1 Date: Friday, 0711.8/2014 (Continued) Approved by: Date: ori -Michael SCh rwon, CTPM, CPPB Purchaser By the,signatures affixed below this addendum Is hereby incor•• ated into and made a part of the above referenced solicitation. ACKNOWLEDGEDV So. pPi 411 -.-.41,1111116. 0.240 Vendor uthorizad.Signair" De RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH TOUR SEALED OROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD. Page4 EXHIBIT "A"