Contract - HD Supply - 11/25/2014 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 2-V'*%day of the month ofhOMA Ve, 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;
0031 1780/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.
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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;
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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
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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
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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.
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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
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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
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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.]
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IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock,Texas HD Supply
By: 0 •/lBy:
Printed Name: NCIK WC/MY Printed Name: (e_ U(U uc,re t
Title: MA dY' Title: Oyu 1" v
Date Signed: 1(. •I' Date Signed: '0 1 LY, 1(.(
Attest:
By: ‘0 �i/(l. 100��
Sara L. White, City Cler
For City, p;roves as to 'orm:
`_
BY`�►11'.
Stephani Sheets, City Attorney
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ROUND ROCK TEXAS
PURPOSE. PASSION. PROSPERITY.
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.ro.0 nd rocktexas.q ov
INVITATION FOR BID
WATER METER BOXES & ANTI-FLOAT LIDS
SOLICITATION No. 14-018
JULY 2014
EXHIBIT "A"
3
• City of Round Rock
• Solicitation Number: 1FB No. 14-018
Water Meter Boxes&Anti-Float Lids
Class/Item: 890-40
July 2014
CITY OF ROUND ROCK
IFB NO.14-018
WATER METER BOXES&ANTI-FLOAT LIDS
PART I
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 apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website
http://www.roundrocktexas.qov/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 at.hftp:l/www.roundrocktexas.govlbids.
4. CLARIFICATION: For questions or clarification of specifications,you may contact:
Mike Schurwon,CPPB,CPTM
Purchaser
Purchasing Department
City of Round Rack
Telephone:512-218-6682
mschurwonProundrocktexas:gov
The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority is
intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without
written approval of the City of Round Rock through the Purchasing Division.
5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such 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,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.
2or14
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 00) 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.
B. 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 or non-award may be made at the sole
discretion of the City: Award announcement will be made upon City Council approval of staff recommendation and
executed agreement.
NOTE: Award announcement will appear on the City's website at:htto://www.roundrocktexas.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://www.bls.gov/opi/,
TABLE 3: Producer price indexes for selected stage-of-processing groupings,seasonally adjusted.[19.82=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%
3of14
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 the allowable 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
contractor by providing the Vendor written notice of termination at the end of its then current fiscal year.
4 of 14
EXHIBIT "A"
' City of Round Rock
4 Solicitation Number: IFB No. 14-018
Water Meter Boxes&Anti-Float Lids
Class/Item: 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 may 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, examine, 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 and 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 stated 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 Respondent's response in strict accordance with the terms,covenants,and conditions of the
Agreement and all applicable Federal,State,and Local laws,rules and regulations.
5014
EXHIBIT "A"
City`of Round Rock
Solicitation Number: IFB 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 22,2014,5:00 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()a,roundrocktexas.gov on
the date noted above.The City shall provide answers to all questions by Monday,July 23, 2014,at 5:00 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://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 Rook
City Hall.—Reception Desk
221 E. Main Street
Round Rock,Texas 78664-5299
Attention:Mike Schurwon-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 acceptable.
2.4. Late responses will be returned to Respondent unopened 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,at 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 last 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 D: 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"
i
City bf Round Rock
Solicitation Number: IFB 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: DAN Plastics,Inc.,#DFW36C-12-APIEQA
2.2 Meter Box With Lid(Anti-Float),Size B
Use with single service for 5/8,3/4&1 inch meters
MEG: DFW Plastics,Inc.,1/DFW37C-12-AFIEQA
23 Meter Box with Lid(Anti-Float),Size C
Use with singleservice for 5/8,3/4&1 inch meters
MFG: DEW 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.,1/DFWI730C-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.,#OFW65C-14-AF1EQA
2.6 Meter Box Lid(Anti-Float)"ONLY"Size A
Use with single service for 518,3/4& 1 inch meters
MFG: DFW Plastics, Inc.,1/DFW36C-12-AFIEQA-LID
2.7 Meter Box Lid(Anti-Float)"ONLY"Size B j
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,lnc.,IIDFW1730C-12-AF1EQA-LID
8 or 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
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-AF1EQA-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 16-9116"L
BOX—Outside Dimensions: 13-3/4'W x 18-7/8"L x 12"H
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 17-3/4"L
BOX—Outside Dimensions: 14-3/4"W x 21"L x 12-1/2"H
WALL—3/8"
MFG: DFW Plastics, inc.,#DFW37C-12-AFI EQA
4.3 Meter Box with Lid(Anti-Float),Size C
LID(Anti-Float): 17"W x
BOX Outside Dimensions: 20-1/2'W x 21-1/2"L x 14"H
WALL—3/8"
MFG: DFW Plastics, Inc.,#DFW38C-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: 21-1/4"W x 53-3/4"L x 12"H
WALL—3/8"
MFG: DFW Plastics, Inc.,#DFW1730C-12-AF1EQA
9of14
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"Wx 30-318"L x 14"H
WALL—3/8"
MFG: DFW Plastics, Inc.,DFW65C-14-AF1EQA
4.6 Option No.1:
Meter Box Lid(Anti-Float)"ONLY"Size A
Dimensions: 10-3/16"Wx 16-9/16"L
MFG: DFW Plastics, Inc.,#DFW36C-12-AF1EQA-LID
4.7 Option No.2:
Meter Box Lid(Anti-Float)"ONLY"Size B
Dimensions: 11'W x17-3/4"L
MFG: DFW Plastics, Inc.,#DFW37C-12-AF1EQA-LID
4.8 Option No.3:
Meter Box Lid(Anti-Float)"ONLY"Size C
Dimensions: 17'W 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.,#DFW1730C-12-AFIEQA-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: IJFW Plastics, Inc.,#DFW65C-14-AF1EQA-L1D
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 Test Value
Tensile strength @ Yield 0638 2300 psi
Ultimate Elongation(%) D638 765
Density D1505 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: IFS 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 C857-12a,Design Load of A-16,16,000Ibs.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 Luther Peterson Place
Round Rock,TX 78665
Telephone: (512)218-5570
E-mail` rwhiseftant(a roundrocktexas.Qov
11 of 14
EXHIBIT "A"
• City 6f Round Rock
Solicitation Number: IFB No. 14-018
Water Meter Boxes&Anti-Float Lids
Class/Item: 890-40
July 2014
SOLICITATION INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION
ANY EXCEPTIONS THERETO MUST BE IN WRITING
t SOLICITATION REQUIREMENTS:
1.1 Responding requires pricing per unit shown and extensions. 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 Solicitations shall be submitted on Solicitation Sheet. Each response shall be placed in a separate envelope completely and properly identified. Responses must be in
the Purchasing Department before the hour and date specified on the solicitation.
1.3 Late-responses properly identified will be returned to respondent unopened.Late responses will not be considered.
1.4 Respond F.O.H,destination,freight prepaid,&allowed unless otherwise specified on the solicitation. If otherwise,show exact cost to deliver.
1.5 Response shall show unit price on quantity and unit of measure specified,extension and show total. In case of errors in extension,unit prices shall govern. Responses
subject to unlimited price increase will not be considered.
1.6 Submitted prices shall be.firm for acceptance 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 response.All cash discounts offered will be taken If earned.
1.7 Responses shall give Ta identification Number full name and address of respondent. Failure to sign will disqualify response. Person signing response shall show title
and authority to bind signatories firm in an agreement. Firm name should appear on each page in the block provided in the upper right comer.Business Entity shall be
one(1)of the following:Individual,Partnership,Sole Proprietorship,EstaterTrust,Corporation,Governmental.Non-profit,at others shall be specified. 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 Identification Number(TIN).
tri Responses cannot be altered or amended after'opening'time. Any Alterations made before opening time shall be Initialed by respondent or an authorized agent. No
response can be withdrawn alter opening time without approval of the CITY based on a written acceptable reason.
1.9 The City is exempt from State Sales Tax and Federal Excise Tax Do not lndude tax iii response.
1.10 The City reserves the right to accept or reject all or any part of response,waive minor technicalities and award the response to best seve the-interests of the City.Spill
awards may be made al the sole discretion of the City.
1,11 Consistent and continued lie responses could cause rejection of responses by the City,andlor investigation forantitnrst violations.
1.12 Telephone,facsimile,and electronically transmitted responses are not acceptable in response to the solicitation.
1.13 CAUTION:-Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late,illegible,
incomplete,or otherwise non-responsive.
2. SPECIFICATION:
2.1 Any catalog,brand name or manufacturer's reference used in the solicitation is descriptive only(not restrictive),and is used to indicate type and quality desired.
Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.0220f the Texas Local Government Code. If
other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes
no exceptions to specifications or reference data in response,respondent vsll be required to furnish brand names,numbers;etc,as sped fled in the solicitation,
2.2 Alf items on the solicitation shall be new,in first class condition,including containers suitable for shipment and storage,unless otherwise indicated in the solicitation.
Verbal agreements to the contrary will not be recognized.
2.3 Samples,when requested,must be furnished free of expense to the City. If not destroyed in examination,they will be returned to the respondent,on request,al
respondent expense. Each example should be marked with respondents'name and address,City solicitation number and code. Do not enclose in or attach to response.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.
3. TIE RESPONSES: in case of lie responses,the award wit be made in accordance with Section 271.901 of the Texas Local Government Code.
4. DELIVERY'
4.1 Response shall show number of days required to place material in City's designated location under normal conditions. Failure to stale deliver time obligates respondent
to complete delivery in fourteen(14)calendar days. Unreatistically short or long delivery promises may cause response to be disregarded. Consistent failure tomeet
delivery promises without valid reason may rause removal from Vendor list.(See 42 following.)
4.2 if delay is foreseen,Vendor shall give written notice to the City.The City has the right to extend delivery dale if reasons appear valid.Vendor shall keep the City advised
at alt times of status of order. Default in promised delivery(without acceptable reasons)dr faikrre to meet specifications,authorizes the City to purchase supplies
elsewhere and charge full increase,irony,in cost and handling to defaulting Vendor.
4.3 No substilutions or cancellations permitted without written approval of the City.
4.4 Delivery shall be made during normal working hours only,unless prior approval for late defivery has been obtained from the City,unless otherwise specified in the
solicitation.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable al all times and places.Authorized City personnel strait have
arrpes to any supptiefs place of business for the purpose of inspecting merchandise. Tests may be performed on samples submittedwith the response or on samples taken
from regular shipments. If the products tested fall to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the cost of the
testing shall be borne by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the City's option,be returned-to the Vendor or held for
disposition at Vendors risk and expense.Latent defects may result in revocation of acceptance.
S. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms,conditions,and specifications contained in the solicitation.
Responses do not,become agreements or purchase-orders unless and unhl they are accepted by the City through its designates and an agreement of a purchase orderis
issued. The agreement or purchase order shall be'.governed,construed,and interpreted under the Charter of the City and the laws of State of Texas. Allagreements or
purchase orders are subject to the approval of the City Council or Manager.
7. PAYMENT:Vendor shall submd three(3)copies of an invoice showing the agreement or purchase order number on all copies.
B. PATENTS AND COPYRIGHTS:The Respondent agrees to protect the City from claims involving infringements of patents or copyrights.
9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement,which arise under the
antitrust laws of the State of Texas,TX,Bus.And Comm.Code Ann.Sec.15.01,et seq.(1957).
10. RESPONDENT AFFIRMATION:
10.1 Signing the response with a false statement Is a material breach of agreement and shall void the submitted response or any resulting agreements,and the Respondent
shall be removed from all Vendor.tists. By signature hereon affixed,the respondent hereby certifies that
10.2 The respondent has not given,offered to give,nor interxis to give any time hereafter any economic opportunity,future employment.gift,loan,gratuity,special discount,
tip,favor,or service to a public senrant in connection with the submitted response.
10.3 The respondent is not currently delinquent In the payment dimly debt owed the City.
10.4 Neither the respondent nor the film,corporation,partnership,or any entity represented by the respondent,or anyone acting for such firm,corporation,or entity has
violated the antitrust laws of this Stale codified in Section 15.01 eL Seq.Texas Business and Commercial Code,or the Federal Antitrust Laws,noroommuni sled directly
or indirectly the response made to any competitor,or any other person engaged in such line of business.
10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation.
11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent.specifically references them on the front of the
response form. WARNING:Such terms and conditions may result in disqualification of the response(e.g.responses with 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 contain all the terms and conditions of its formal solicitation:in particular,
all respondents'affirmations and certifications must be included.Submission of responses on forms other than City's form may result in disqualification of your response.
12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number,codes,and opening dale.
12 of 14
EXHIBIT "A"
^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—(01.?
RESPONDENT'S NAME: I,.() b 0.0-'f41'(`-''-_ DATE: 0 - [`3 t I oiq
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.
7_ Company's Name l v-f' �Ai
J1) t r 0 S
Name of Contact Oil j SSG ("fes s
Title of Contact (�� -/GJ TJJ6.-4u- & ' AA/JAI
E-Mail Address �s4 4.A47.=5 y.,v 1/42 rraS7-5-3d V
Present Address &?(. I r- o p,-,;J s7—
City,
City,State,Zip Code :gam f!/44YfoS l 777 -7Y4lop
Telephone Number (,57,,_) QDo cp Fax Number:(
2: Company's Name � p 42,).5„t4/0
Name of Contact / �y�U�.�� .-v‹.)--3
Title of Contact 2-004,1 GAJlr're 1 '.cam
E-Mail Address crit �Q,.3,,g--V2ory.71[c/n orcJ
`'�
Present Address 6 1O9
City,State,Zip Code 0,-5 � p f'r/ 754,2_7
Telephone Number ( 311-- t7 9 Fax Number: (37).—) ?,3o-.36 Ff.
3. Company's Name (.� < / p.7 At.‘"54)
j✓r/
Name of Contact 21.1dX5
Title of Contact
E-Mail Address �� < il /.4-5s OtTi s, so✓
Present Address lD - -- l6 57 5.v J
City,State,Zip Code &s 1t,1 -7p-70/
Telephone Number ( .57v) ep-7 Z. 52/.7 Fax Number:( S/z) 972
1
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&LIDS
1FB Solicitation No.14-011
Class!ltem-
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: °?//51/i/P 1
Addendum#: Dated:
Addendum#: Dated:
Addendum#: Dated:
Addendum#: Dated:
Respondent(Company): 14 s -Jt 1 `
„do' 9
Signature(in ink):
L
Name(Typed/printed): Lie (.C7 Y v o.tr
Title: LCCc AJ S t cL? S4 e-S Date: 07 k /12,0i`i
I
• t
14 of 14
EXHIBIT "A"
�)r.9:
_ '''ROUND ROCK.TI:Y:'IS
p.÷.• IU:Mu.o,,a�na,mit,
ATTACHMENT C-BID FORM No. 1
PURCHASING DEPARTMENT
221 E. Main Street• Round Rock,Texas 78664-5299
Solicitation Number: IFB Na.14-018 Tax ID Number: C3- 5i- 0 .2 '4
Z ht SucphU
O Solicitation Name: Water Meter Boxes& 0 Business Name:
Q
2 Lids •
2 Address: 13o 1 IA)ti t I 1r7F 64 P ,)(
O Oii. pening Date: July 31,2414 o
a 2 Address:
z Opening Time: On or Before 3:00 PM CST t- Loc ib .,f-.�fne-
FO m Contact: �7 r'r�3
Opening Location: City of Round Rock z Telephone: 6(2- r 6/q b b L 1 D
u City Hall a
II 221 E.Main Street w E-mail: �„OCt r' o IAiL�ir. hl; (aj(-�T-b,S
vi
"' Round Rock,TX 78664 SDP
Website: f ).So 4Q 1 •Cor✓"
HOW DID YOU HEAR ABOUT /f
THIS SOLICITATION? n Newspaper [ I City's Website ,vi E-mail Announcement ESRD n Other•
1st TIME RESPONDING ARE YOU REGISTERED
TO.THE CITY? piYesn No wan VENDOR CENTRAL? n Yes El No Register at: roundracktexas.gov/vendorcentrat
Item# Description Unit Price Unit of Measure Extended Price
1 Meter Box&Lid,Size A-Reference: DEW Plastics O. 140 EA q J lOg-7 it.
#DFW36C-12-AF1 EQA
2 Meter Box&Lid,Size B-Reference: DFW Plastics 5 5.c7
#DFW37C-`i2-AF1EQA 76' Fq a
3 Meter Box&Lid,Size C-Reference: DEW Plastics 250 EA 02
4DFW38C-14-AF1 EQA /(7.. q L 2,0,20
Meter Box&Lid,Size D-Reference: DFW Plastics 5O
4 EA
#DFW173OC-12 AFIEQA I/et,, 6q. 5 /9
Meter Box&Lid,Size E-Reference: DFW Plastics 5 D
5 EA
#DFW65C-14-AFI EQA 1(9 , d3 ' )o-d0 j
,
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 Federal antitrust laws,nor communicated directly or indirectly,the response made to any competitor or any other person engaged in such
u line of business. Further,by signing and submitting this response the Respondent acknowledges:
tli z .. That they have read and fully understand the solicitation and accept all terms and conditions set forth herein.
z
2 - The respondent is not currently delinquent in the payment of any debt owed to the City.
w
pSealed 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.#17 of this solicitation. If applicable,do you agree to"piggyback'purchasing from other governmental agencies?
O �
z n Yes I V I No Response shall inctud oe oe ne(•) igned"Original"and Two(2)copies of response.
Q r11)CO MaAtne,-; 6443 t (2-t)?LI
ti
Printed Name Au(horized Signature Date
Failure to sign response will disqualify response.
EXHIBIT "A"
,ori: <.,._-.
'iU
�t' RnIhDROC'n_Tr�:AS
7ti:.lY_I.tM/q 1':M.I1g11'
ATTACHMENT D-BID FORM No. 2
PURCHASING DEPARTMENT
221 E. Main Street• Round Rock,Texas 78664-5299
Solicitation Number: IFB No.14-018 Tax ID Number: ii)3-655033 7-
z z
O Solicitation Name: Water Meter Boxes& OBusiness Name:
Q
Lids q
22 Address: 1'e k t t e,(A s 1r,A,,,, ALIJ
O Opening Date: July31,2014
O
g.1_, Z Address:
z Opening Time: On or Before 3:0D PM CST t— yr g
p w Contact: t.okg rpt
Opening Location: City of Round Rock z Z-91 O, Y 7.6
v Telephone:Gty Hall p
a.
o 221 E.Main Street to
iii E-mail: Lia().WW1+tYle� I'lUglOPPI- dlir,
U) Round Rock,TX 78664 Ix t �I {
Website: b c(-9 p LA •Cdvl^
HOW DID You HEAR ABOUT
THIS SOLICITATION? n Newspaper n City's Website mail Announcement n ESBD Other
1st TIME RESPONDING ARE YOU REGISTERED
TO THE CITY? n Yes n No WITH VENDOR CENTRAL? !r-��1 Yes I I No Register at: roundrocktexas.goy/vendorcentral
Item ft Description Unit Price Unit of Measure Extended Price
Option No.1 /�
6 Meter Box Lid"ONLY",Size A—Reference: •DFW ��1 EA (]f;►P
Plastics#DFW36C-12-AF1 EQA-LID Ot 7
Option No.2
7 Meter Box&Lid,Size B-Reference: DFW Plastics1 EA C t
#DFW37C-12-AF I EQA-LID 3 q• I
Y `
Option No.3
8 Meter Box&Lid,Size C—Reference: DFW Plastics 1 EA S
#DFW38C-14 -LID ,3- sr 33
Option No.4
9 Meter Box&Lid,Size D—Reference: DFW Plastics 1g EA
#DFW1730C-12-AFI EQA-LID
Option NO.5
10 Meter Box.&Lid,Size E—Reference: DFW Plastics 9-d d$3 EA h ��
#DFW65C-14-AFIEQA-LID f V
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 En 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
I— engaged in such line of business. Further,by signing and submitting this response.the Respondent acknowledges:
c4„ • That they have read and fully understand the solicitation and accept all terms and conditions set forth herein.
2 • The respondent is not currently delinquent in the payment of any debt owed to the City.
w
Sealed response envelope shall be clearly marked with solicitation name,solicitation number and name of responding entity.
1 The agreement or purchase order resulting from this solicitation may qualify for Interlocal or Cooperative Contracling(Piggybacking)per the
terms outlined in Part I.#17 of this solicitation. If applicable,do you agree to'piggyback"purchasing from other governmental agencies?
0
z nYes tY�. No Response shall include o e 1 igned"Original"and Two(2)copies of response.
o
Q aktr't'-f.nt c //LUC.-v00 9- /3I ! tire
Printed Name pri
Aul zed SignaiOie Date '
Failure to sign response will disqualify response.
EXHIBIT "A"
' "IIOUNDROCx,TTiXAs
ionir4.J Ntr,iit,Nvvni
ATTACHMENT E-BID FORM No. 3
PURCHASING DEPARTMENT
221 E. Main Street• Round Rock,Texas 78664-5299 Y !%�
Solicitation Number: IFB No.14-018 Tax ID Number: O. "n 550 Y -
O Solicitation Name: Water Meter Boxes& O Business Name: b U 1 Q l
Q Lids Q )?I Wet 13 Bc A5e jnn'kW�
cc c4 Address:
O Opening Date: July31,2014 O
z z Address: l ', �n v tn
ZOpening Time: On or Before 3:00 PM CST Z '—
OContact: UC(� v ,A.'{` l y..03
Q Opening Location: City of Round Rock p C 2 �1jCj'611? (b
I— O Telephone: S
v City Hall 0
D 221 E.Main Street a E-mail: Luc b•VvkrJtrie, 01-) DSt J�.Co
to Round Rock,TX 78664
Website: .6 Si tt./ . . "o 14-1
HOW DID YOU HEAR ABOUT �
THIS SOLICITATION? n Newspaper n City's Website I " Email Announcement I I ESBD n Other
1stTIMEIESPONDING ARE YOU REGISTERED
TO THE CRY? n Yes I I NoWITH VENDOR CENTRAL? n Yes nNo Register at: roundrocktexas.gov/vendorcentral
item# Description Unit Price Unit of Measure Extended Price
Option No.6
11 Brass Locking Mechanism--Reference: DFW Plastics 5 EA �, c i 7
W-S
#EDFBLOCK-XL Q )
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 Federal antitrust laws,nor communicated directly or indirectly,the response made to any competitor or any other person engaged in such
tn
line of business. Further,by signing and submitting this response the Respondent acknowledges:
ZThat they have read and fully understand the solicitation and accept all terms and conditions set forth herein.
u.i The respondent is not currently delinquent in the payment of any debt owed to the City.
u-I - Sealed response envelope shall be clearly marked with solicitation name,solicitation number and name of responding entity.
1.9
o 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.#17 of this solicitation. If applicable,do you agree to"piggyback"purchasing from other governmental agencies?
3
O n Yes pc No Response shall inclu e o e.Jigned"Original"and Two(2)copies of
response.
Q L ll '�—,�3 1
(ti�
UGc.� WV/ � ,
17/
Printed Name Auttiorized Signature Date
Failure to sign response will disqualify response. L
EXHIBIT "A"
1
•
ROUND ROCK,TEXAS
PURPOSE PASSION.PROSPERITY.
CITY OF ROUND ROCK
IFB.NO. 14-018
WATER METER BOXES:8t ANT1-FLOAT LIDS
1FB No, 14-018 Addendum No.: 1 Date: Friday, 07/18/2014
The'following are"CHANGES"to IFB No: 14-018 for wafer rneter boxes and anti-float fids as
outlined below:
1. DELETE "PART I"—.5. Qualifications in IFB No. 1401.8 document in its entirety.
5. QUALIFICATIONS: The opening of a.response shall not be construed as the city's
acceptance of such 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, equipment and personnel to ensure prompt •
and efficient service to the City.
5.3 Identify any subcontractors to be useçi 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 arenot applicable. References may be checked prior to award.
Any negative responses.received may result in disqualification of submittal.
Page il
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)
The following are"CHANGES"to IFB No. 14-018 for water meter boxes and anti-float
lids as outlined below:
REPLACE "PART 1" -5. Qualifications in IFB No. 14-018 document with the
following "PART !" 5. Qualifications (REVISED).
5. QUALIFICATIONS: The opening of a response shall not be construed as the City's
acceptance of such as qualified and responsive. All Respondents shall:
5.1 Be firms, corporations, individuals or partnerships normally engaged in the
sale and distribution of commodity as specified herein.
5.2 Provide the name, address, telephone number and e-mail of at least
three (3) firms applicable to Municipal and/or Government projects that
have purchased similar water meter boxes and anti-float lids in 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 disqualification of submittal.
2. DELETE "PART 11"—1. Solicitation Schedule in IFB No. 14-018 document in its
entirety.
PART.II
1. SOLICITATION SCHEDULE: Itis the City's intention to comply with the following solicitation
timeline:
1.1. Solicitation released July 16, 2014
12. Deadline for questions July 22,2014,5:00 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(a)roundrocktexas.aov on the date noted above.The City shall provide answers to all
questions,by Monday,July 23,2014,at 5:00 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://www.roundrooktexas.gov/bids.
Page l2
EXHIBIT "A"
CITY OF ROUND ROCK
IFB NO. 14-018
WATER METER BOXES &ANTI-FLOAT LIDS
IFB No. 14-018 Addendum No.: I Date: Friday, 07/1'8/2014
(Continued)
REPLACE"PART II"-1. Solicitation Schedule in 1FB 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 22,2614,5100 p m.,C.S.T
1.3 City responses to all:questions or addendums July25,2014,5:00 p:m;,C.S.T.
1.4 Deadline for Responses July 31,2014,3:00 pan.,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 PM(CST)to Mike Schurwon,CPPB,CTPM, Purchaser; City of Round Rock.by e-mail:
mschurwoneroundrocktexas.uov on the date noted above. The City shall provide answers to all
questions by Friday,July 25,2014;at'5:00 p.m.(CST).The City shall not be responsible forfeiture
of electronic equipment of operator error.
Acopy of all the questions submitted and the City's response to•the questions may be posted the
City of Round Rock webpage, http://www.roundrocktexas.gov/bids.
NOTE: The above submittal and response dates for questions.have 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
IFB No. 14-018 Addendum No.: 1 Date: Friday, 07/18/2014
(Continued)
Approved by: }YIK:cit-ri.el-.-Ac-a-i-thwA04,-.:.. Date: oq-i P-14
'Michael•SChurwoni CTPM, CPPB
Purchaser
By the,signatures affixed below this addendum is hereby incor•• ated into and made a part of the
above referenced solicitation.
ACKNOWLEDGED:
S-u pp Ans _-.0. .73/7,20/y
Vendor utborizpd Signa77- Date
RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH
TOUR SEALED PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR
RESPONSE FROM CONSIDERATION FOR AWARD.
Page 14
EXHIBIT "A"