Loading...
CM-08-08-224CITY OF ROUND ROCK AGREEMENT FOR TANK INSPECTION SERVICES WITH U.S. UNDERWATER SERVICES, L.P. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: That this Agreement for Tank Inspection Services (referred to herein as the "Agreement") is made and entered into on this the icY1 day of the month of Ayut5t" , 2008, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and U.S. UNDERWATER SERVICES, L.P., whose offices are located at 101 Northeast Haskew, Burleson, Texas 76028 (referred to herein as "US Underwater"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to contract with a company to provide all necessary labor and equipment to perform condition surveys of certain of the City's potable water storage tanks; and WHEREAS, City has issued Specification Number 08-926-91 dated July 2008 for Annual Tank Inspection, along with RFQ 08-034, and City has selected the offer to provide such services submitted by US Underwater; and WHEREAS, US Underwater agrees to provide such services for City on a contractual basis; 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, the parties mutually agree as follows: 1.01 DEFINITIONS A. Agreement means the mutually binding legal contract between City and US Underwater whereby US Underwater is obligated to provide specified services and perform specified obligations, and City is obligated to perform specified obligations. The Agreement includes the following: (a) City's Specification Number 08-926-91 dated July 2008, along with 00143772/jkg RFQ 08-034; (b) Purchaser's Response dated July 07, 2008; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Purchaser's Response dated July 07, 2008; (3) City's Request for Quote, exhibits, and attachments. B. City means the City of Round Rock, located in 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. US Underwater means U.S. Underwater Services, L.P., or any of its successors or assigns. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The term of this Agreement is for five (5) consecutive twelve-month periods from the effective date hereof. Thereafter, this Agreement may be renewed for two (2) additional periods not to exceed twelve months for each renewal, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided US Underwater 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. City may permit "unit price" adjustments upwards only as a result of a cost increase in goods or services in accordance with the Producers Price Index located at http://stats.bls.gov/ppi/home.htm. Any price increase shall be requested by US Underwater in writing and accompanied by the appropriate documentation to justify the requested increase. US Underwater may offer price decreases in excess of the allowable percentage change. 2 D. City reserves the right to review the relationship at any time, including at the end of each twelve-month period in accordance with Section 9 of Specification No. 08-926-91, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS; ITEMS AWARDED; COSTS Contract Documents: City selected US Underwater to supply the goods and services outlined in RFQ 08-034, Specification Number 08-926-91 dated July 2008, and Response to RFQ submitted by US Underwater, all as are specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the RFQ and specifications and as offered and proposed by US Underwater in its Response thereto. The items 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 as fully a part of this Agreement as if repeated herein in full. Items Awarded: Costs: All items on Exhibit "A" are awarded to US Underwater. Costs listed on Exhibit "A" shall be the basis of any charges collected by US Underwater. 4.01 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 of Round Rock's bid, with the consent and agreement of the successful vendor(s) and Round Rock. 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 of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements. 3 5.01 SCOPE OF WORK REQUIREMENTS The specifications stated in this section represent the best estimate of City's needs. City requires US Underwater to provide all labor and equipment necessary to perform condition surveys of certain of City's potable water storage and hydro tanks, and performance of such services shall result in an accurate assessment of the integrity of the structure and coating systems of said water storage and hydro tanks. The parties expressly understand and agree that tanks may be added or deleted by City at any time during the term of this Agreement; that the prices bid by US Underwater in its proposal dated July 07, 2008 (attached hereto) shall be used for such addition or deletion of equipment; and that if new equipment is procured during the term of this Agreement, City reserves the option to add the equipment at US Underwater's current charge less any applicable discounts. Tank Locations: Location 1431 Standpipe Pump Station Hydro Tank Westinghouse Pump Station Water Treatment Plant Clearwell #3 Vista Heights Standpipe N. 81 Standpipe Bowman Road Pump Station Chisholm Valley Elevated Tank S. 81 Elevated Southeast Booster Site Southeast Elevated Tank High Country Elevated Tank Water Treatment Plant Clearwell #1 Water Treatment Plant Clearwell #2 Barton Hill Elevated Chandler Creek Elevated Tank Lake Creek Pump Station McNeil Road Pump Station Type Standpipe Pressure Tank Ground Storage Concrete Ground Storage Standpipe Standpipe Ground Storage Composite Elevated Composite Elevated Ground Storage Elevated Composite Elevated Ground Storage Ground Storage Composite Elevated Elevated Ground Storage Ground Storage Capacity 1,000,000 15,000 100,000 2,000,000 1,000,000 750,000 500,000 1,250,000 1,250,000 2,500,000 750,000 1,250,000 1,000,000 2,000,000 2,700,000 750,000 500,000 750,000 The parties expressly understand and agree that an additional 2,000,000 elevated tank shall be added within the next three (3) years during the term of this Agreement. The parties expressly understand and agree that US Underwater shall be responsible for providing all personnel, material and equipment required to complete inspections by the completion dates designated by. City, as well as be responsible for coordinating with City to establish best work schedules, locations of tanks, orders of inspections, obstacles, and the like, and to discuss with City any changes and/or delays with completion. 4 Tank Inspection and Condition Survey: The parties expressly understand and agree that US Underwater shall provide inspections and evaluations necessary to meet and exceed TCEQ requirements under Texas Administrative Code, Chapter 290, Subchapter D; that overall surveys shall provide information and data that support the assessment given for each tank; and that the following components of each tank inspected shall include (but not be limited to) the following: Exterior - access to the areas listed will be obtained from the roof/shell access ladder, extension ladder and with the aid of field binoculars. (a) Foundation (b) Protective coating condition (c) Water level indicator (d) Overflow pipe and flap valve (e) Access ladder (f) Roof (g) Air vent (h) Cathodic Protection Anode plate covers (i) Roof hatch (j) Manway Internal (a) Protective coating condition (b) Internal appendages (c) Interior access ladder (d) Roof and support system (e) Floor (f) Shell (g) Water quality Data: The parties expressly understand and agree as follows: The information and data obtained from the exterior and interior inspections shall be used by US Underwater in the evaluation of each tank and applicable components. Items listed in the TCEQ Inspection Form shall be addressed as in -compliance, out -of -compliance or potential problem areas. Any areas that are out -of -compliance shall be noted and recommended for repairs. Exterior dry film thickness readings (DFT) of the coated metal surfaces shall be taken. Still photographs and video showing highlights of the tank components being inspected shall be provided by US Underwater to City. Reports: The parties expressly understand and agree as follows: For each tank, US Underwater shall provide City with a technical report complete with description, TCEQ status, required 5 repairs, along with narrated video (DVD) and photographs (digital). Such reports shall include recommendations for repair and compliance with OSHA requirements, TCEQ regulations, and AWWA standards. Mobilization: The parties expressly understand and agree that all work shall be conducted and billed as delineated herein; and that, if all tanks are not available on a consecutive basis, then and in that event no additional mobilization fee may be charged by US Underwater, as such fees were not identified in US Underwater's Response to City's RFP. Conditions: The parties expressly understand and agree that City shall coordinate and provide means to turn pumps off during underwater operation, if possible, and that this condition shall not affect the cost of service. Time of Performance: The parties expressly understand and agree that US Underwater shall schedule all annual inspection visits with City's Utility Department, and that all such annual inspection visits shall be completed no later than September 30th of each year. Delivery Requirements: Delivery of all services and all reports required hereunder shall be completed within fourteen (14) days, as reflected on US Underwater's Response to City's RFP. US Underwater will be notified by City within three (3) business days if delivered reports are not in full compliance with City's specifications. 6.01 INVOICES All invoices (original and one copy) shall be timely and properly submitted on a monthly basis, and shall include, at a minimum, the following information: A. Name and address of US Underwater; B. Purchase order number; C. Description and quantity of services received; and D. Delivery dates. 7.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to US Underwater will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is 6 later. US Underwater may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and US Underwater, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or B. There is a bona fide dispute between US Underwater 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 C. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or D. The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 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 US Underwater a written notice of termination at the end of its then -current fiscal year. 9.01 GRATUITIES AND BRIBES City may, by written notice to US Underwater, cancel this Agreement without incurring any liability to US Underwater if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by US Underwater or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, US Underwater may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in US Underwater's charges. 11.01 INSURANCE US Underwater shall meet all requirements as stated in the attached RFQ 08-034 (including Attachment A and all attachments and exhibits), Specification Number 08-926-91, and its Response to RFQ. 7 12.01 MISCELLANEOUS CONTRACTUAL RESPONSIBILITIES A. US Underwater agrees to perform all of its contractual responsibilities and obligations in accordance with standards of the industry. US Underwater shall use best efforts to supervise and direct its agents or employees competently, efficiently, and safely. B. US Underwater agrees to furnish and assume full responsibility for all services, facilities, personnel, equipment, materials and incidentals necessary for the proper performance of this Agreement. C. US Underwater agrees to obtain all permits and licenses, if any, and pay all fees necessary for the proper performance of this Agreement. D. US Underwater hereby affirms and confirms that it has the capability of properly and lawfully performing the requirements of this Agreement. E. US Underwater agrees to coordinate with City's representative listed herein to establish schedules and to discuss and receive approval of any proposed changes. F. US Underwater shall utilize its own equipment and personnel, and both parties agree that no City equipment or forces shall be used. 13.01 CITY'S DESIGNATED REPRESENTATIVE City hereby designates the following representative authorized to act on its behalf with regard to this Agreement: Roy "Buddy" Franklin Utility Support Superintendent City of Round Rock, Water and Wastewater Division 212 Commerce Cove Round Rock, Texas 78664 Telephone: (512) 218-5578 Fax Number: (512) 218-6649 bfranklin@round-rock.tx.us 14.01 CITY'S OPTION TO CONTRACT WITH OTHERS Should US Underwater fail in its obligations hereunder to provide services, then and in that event City reserves its right and option to contract with other sources to obtain the services. US Underwater expressly agrees that, should City exercise its option to contract with other sources and the amount received is at a lower rate, then and in that event City may charge US Underwater the difference in price. Such action on the part of City shall not be considered an exclusive remedy, and shall not waive any other remedies available to City at law or in equity. 8 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 US Underwater abandons or defaults under this Agreement and is a cause of City purchasing the specified services elsewhere, US Underwater 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. US Underwater 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 United States bankruptcy laws. 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 US Underwater. B. In the event of any default by US Underwater, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to US Underwater. C. US Underwater has the right to terminate this Agreement for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to US Underwater, US 9 Underwater 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, US Underwater 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 US Underwater that portion of the charges, if undisputed. The parties agree that US Underwater 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 US Underwater 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 US Underwater, or US Underwater's agents, employees or subcontractors, in the performance of US Underwater'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 US Underwater (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 US Underwater, 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 hereof. 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: A. When delivered personally to recipient's address as stated in this Agreement; or B. Three (3) days after being deposited in the United States mail, with postage prepaid, to the recipient's address as stated in this Agreement. 10 Notice to US Underwater: Jeff Menges U.S. Underwater Services, L.P. 101 Northeast Haskew Burleson, TX 76028 Notice to City: James R. Nuse, City Manager 221 East Main Street AND TO: Round Rock, TX 78664 Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and US Underwater. 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 City and US Underwater. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 24.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and US Underwater shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and US Underwater 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 11 way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 26.01 MISCELLANEOUS PROVISIONS Standard of Care. US Underwater 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 and with all applicable laws. Time is of the Essence. US Underwater understands and agrees that time is of the essence and that any failure of US Underwater to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. US Underwater 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 US Underwater'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 US Underwater 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. IN WITNESS WHEREOF, the parties have duly executed this Agreement. CITY OF ROUND ROCK, TEXAS U.S. UNDERWATER SERVICES, L.P. By: By: Pri' 1 ame: 1Z. iJL t Printed Name: Titl . (,(414 Title: Date Signed: J a. zg. v Date Signed: ATTEST: By: u_ake Sara L. White, City Secretary PROVED TO FORM: By: Steph. L. Sheets, City Attorney 12 C080730-2 SPECIFICATION NO. 08-926-91 DATED: JULY2008 CITY OF ROUND ROCK ANNUAL TANK INSPECTION PART 1 GENERAL 1. PURPOSE: The City seeks to contract with a qualified bidder to provide all labor and equipment necessary to perform condition surveys of the City's potable water storage tanks located within Round Rock, Texas. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide thegoods, equipment or services. 2.2. City — Identifies the City of Round Rock, Travis and Williamson County, Texas. 2.3. Agreement —A mutually binding legal document obligating the Vendor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Vendor — (Sometimes referred to as Contractor) A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials, supplies, commodities and equipment. 2.6. Purchase Order - is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Services - work performed to meet a demand. The fumishing of labor, time, or effort by the vendor and their ability to comply with promised delivery dates, specification and technical assistance specified 2.8. Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's obligations arising from a contract with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Carolyn Brooks Purchaser City of Round Rock Telephone: 512-218-5457 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. 4. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Govemment Code (House Bill 914) requires that any vendor or person considering doing business with a local govemment entity disclose the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local govemment entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or delivered by hand to the 'City Secretary. If mailing a completed form, please mail to: City of Round Rock City Secretary 221 East Main Street Round Rock, Texas 78664 4.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the vendor's proposal. EXHIBIT nAn SPECIFICATION NO. 08-926-91 DATED: JULY 2008 PART II GENERAL CLAUSES AND CONDITIONS 1. LABOR: The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a separate attachment to the bid. The sheet shall be labeled as such. 3. STANDARDIZATION: The City of Round Rock is committed to procuring quality goods and equipment. We encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001-9003, latest revision standards, technically equivalent to the American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93 1987), and obtain certification. Adopting and implementing these standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's position that the total quality management concepts contained within these standards can result in reduced production costs, higher quality products, and more efficient use of energy and natural resources. Manufacturers should note that future revisions to this specification might require ISO certification. 4. ENVIRONMENT: It is the intent of the City to purchase good and equipment having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economical considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged. 5. DAMAGE: The Vendor 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. 6. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 7. BEST VALUE EVALUATION: All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 7.1 Bid price 7.2 Reputation of the bidder and of bidder's goods and services. 7.3 The quality of the bidder's goods or services. 7.4 The extent to which the goods or services meet the City's needs 7.5 Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 7.6 The total long-term cost to the Municipality to acquire the bidder's goods or services. 8. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City Official or Employee evaluating or considering the bids prior to the time a bid decision has been made. Communication between Bidder and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the bid then in evaluation, or any future bid. Page 2 of 6 SPECIFICATION NO. 08-926-91 DATED: JULY 2008 9. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12 month periods of time from the effective date and shall remain in full force and effect unless and until it expires by operation of the term stated or until terminated or extended as provided herein. The City reserves the right to: 9.1 Renew Agreement for two (2) additional periods of time not to exceed twelve (12) months for each renewal provided both parties agree. 9.2 Review the following at the end of each twelve-month review period or renewal: 9.2.1.1 Vendor performance; 9.2.1.2 Price; 9.2.1.3 Continuing need; 9.2.1.4 Advancements in technologies and/or service 9.3 The City may terminate the Agreement with or without cause or may continue through the next twelve- month review or renewal period. 10. 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 effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 11. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. 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. 12. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re - advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 13. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Vendor shall fumish the City with satisfactory proof of its compliance. 14. CODES; PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the City of Round Rock, Texas, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 15. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attomey's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants and employees. 16. INSURANCE: The successful Bidder shall meet or exceed ALL insurance requirements set forth by the City as identified in Attachment A to the specifications. Any additional insurance requirements of participating or cooperative parties will be included as subsequent Attachments and shall require mandatory compliance. 17. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 18. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 19. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. Page 3 of 6 SPECIFICATION NO. 08-926-91 DATED: JULY 2008 20. INTERLOCAL COOPERATIVE CONTRACTING: Other govemmental entities within the State of Texas may be extended the opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement of the successful vendor(s) and the City of Round Rock. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in vendor's response. However, all parties indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not an agent of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated or liable for any action or debts that may arise out of such independently - negotiated "piggyback" procurements. PART III SPECIFICATIONS 1. SCOPE: This specification describes a service to accurately assess the integrity of the structure and coating system of water storage tanks. Services shall include all labor and equipment necessary to perform condition surveys of all the City's potable water storage tanks and hydro tank. 2. STATEMENT OF INTENT: This specification covers only the general requirements as to the performance and certain details to which the successful bidder shall conform. Vendor shall be responsible for 3. ADDITIONS/DELETIONS: Tanks may be added or deleted during the term of the agreement. Prices bid shall be used for adding/deleting such equipment. 3.1. If new equipment is procured during the term of the contract, the City reserves the option to add the equipment at the vendor's current charge less any applicable discounts. 4. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. All bidders shall: 4.2. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 4.3. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 4.4. Provide the name, address, telephone number and point of contract of at least three firms that have utilized similar service for at least 2 years and have. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 4.5. Identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted. The City retains the right to approve or disapprove all subcontractors prior to any work being performed. 5. TANKS: All tanks located in Round Rock, Texas are listed below: Tank location Type Capacity, 1431 Standpipe SP 1,000,000 Pump Station Hydo-Tank PT 15,000 Westinghouse Pump Station GS 100,000 Water Treatment Plant Clearwell #3 CGS 2,000,000 Vista Heights Standpipe SP 1,000,000 N. 81 Standpipe SP 750,000 Bowman Road Pump Station GS 500,000 Chisholm Valley Elevated Tank CET 1,250,000 S. 81 Elevated CET 1,250,000 Southeast Booster Site GS 2,500,000 Southeast Elevated Tank ET 750,000 High Country Elevated Tank CET 1,250,000 Water Treatment Plant Clearwell #1 GS 1,000,000 Water Treatment Plant Clearwell #2 GS 2,000,000 Barton Hill Elevated CET 2,700,000 Page 4 of 6 Chandler Creek Elevated Tank Lake Creek Pump Station McNeil Road Pump Station ET GS GS GS=Ground Storage SP=Standpipe ET= Elevated CET=Composite Elevated PT=Pressure Tank 5.1. An additional 2,000,000 elevated tank shall be added within the next 3 years. 6. SERVICE RESPONSIBILITIES: The successful bidder for tank inspection shall provide all personnel, material and equipment required to complete inspections by the completion date as well as be responsible for: SPECIFICATION NO. 08-926-91 DATED: JULY 2008 750,000 500,000 750,000 CGS=Concrete Ground Storage 6.1. Coordinating with the City to establish best work schedule, location of tanks, and other obstacles and discuss any changes and/or delays with the project completion. 7. TANK INSPECTION AND CONDITION SURVEY: The vendor shall provide inspections and evaluation necessary to meet and exceed the Texas Administrative Code of TCEQ Chapter 290 subchapter D. The overall survey shall provide information and data that supports the assessment given for each tank. The following components of each tank to be inspected shall include: 7.1. Exterior — access to the areas listed will be obtained from the roof/shell access ladder, extension ladder and with the aid of field binoculars. 7.1.1. Foundation 7.1.2. Protective coating condition 7.1.3. Water level indicator 7.1.4. Overflow pipe and flap valve 7.1.5. Access ladder 7.1.6. Roof 7.1.7. Air Vent 7.1.8. Cathodic Protection Anode plate covers 7.1.9. Roof hatch 7.1.10. Manway 7.2. Internal 7.2.1. Protective coating condition 7.2.2. Internal appendages 7.2.3. Interior access ladder 7.2.4. Roof and support system 7.2.5. Floor 7.2.6. Shell 7.2.7. Water quality 8. DATA: The information and data obtained from the interior and exterior inspection shall be used in the evaluation of each tank and applicable components. Items listed in the TCEQ Inspection Form shall be addressed as in -compliance, out -of -compliance or potential problem areas. 8.1. Any areas that are out -of -compliance shall be noted and recommended for repairs. 8.2. Exterior dry film thickness readings (DFT) of the coated metal surfaces shall be taken. 8.3. Still photographs and video showing highlights of the tank components being inspected shall be provided. 9. REPORT: A technical report complete with description, TCEQ status, required repairs of each tank along with narrated video (DVD) and photographs (Digital). 9.1. The report shall include recommendations for repair and compliance to OSHA, TCEQ regulations and AWWA standards. Page 5 of 6 SPECIFICATION NO. 08-926-91 DATED: JULY 2008 10. MOBILIZATION: All work shall be conducted and billed as shown above. If all tanks are not available on a consecutive basis an additional mobilization fee may be charged only if the fees were identified in bidders quote. 11. CONDITIONS: The City of Round Rock shall coordinate and provide means to turn pumps off during the underwater operation if possible. This condition shall not affect the cost of service. 12. TIME OF PERFORMANCE: All annual inspection visits shall be scheduled with the Utility Department and be completed by September 30, of each year. 13. AGREEMENT ADMINISTRATOR: All work performed under the agreement will be supervised and verified by the City designee noted below. Buddy Franklin (512) 218-5578 PART IV DELIVERY, ACCEPTANCE AND PAYMENT 1. DELIVERY REQUIREMENTS: Delivery of service and reports shall be completed within the number of days bid. The successful bidder should contact Agreement Administrator to arrange time and day for delivery. 2. ACCEPTANCE: Acceptance deliverables should not take more than three working days. The vendor will be notified within this time frame if the delivered reports are in full compliance with the specifications. If any purchase order is canceled for non-acceptance, the needed inspections may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 3. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Finance Department 221 East Main Street Round Rock, TX78664-5299 4. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The 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: 4.1. 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 4.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 4.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers conceming supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 4.4. 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. 5. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the United States, 15 USGA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et seq. Page 6 of 6 ATTACHMENT A City of Round Rock Insurance Requirements ATTACHMENT A CITY OF ROUND ROCK INSURANCE REQUIREMENTS 1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for iniuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder. its agents, representatives. volunteers, employees or subcontractors. 1.1. Certificates of Insurance and endorsements shall be fumished to the City and approved by the City before work commences. 1.2. The following standard insurance policies shall be required: 1.2.1. General Liability Policy 1.2.2. Automobile Liability Policy 1.2.3. Worker's Compensation Policy 1.3. The following general requirements are applicable to all policies: 1.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 1.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 1.3.5. Policies shall include, but not be limited to, the following minimum limits: 1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 1.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: Page 1 of 4 1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 1.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear) as to all applicable coverage. 1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material changes 1.5.4. Remove all language on the certificate of insurance indicating: 1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 1.5.5. Provide for notice to the City at the addresses listed below by registered mail: 1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 1.5.7. Provide that all provisions of this contract conceming liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 1.5.8. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 1.5.9. Vendor shall notify the City in the event of any change in coverage and shall give such notices not Tess than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 1.5.10. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main 309 East Main Round Rock, TX 78664-5299 Round Rock, TX 78664 2. WORKERS COMPENSATION INSURANCE 2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a govemmental entity. 2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2.1.2. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR'S /person's work on the project has been completed and accepted by the OWNER. 2.2. Persons providing services on the project ("subcontractor) in Section 406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity, which fumishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not Page 2 of 4 include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. 2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 2.5. If the coverage period shown on the CONTRACTORS current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. 2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 2.10.1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project; 2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; 2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 2.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 2.10.3.1.1. 2.10.3.1.2. a certificate of coverage, prior to the other person beginning work on the project; and a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project Page 3 of 4 07/09/08 11:13 FAX 512 218 5548 07/07/2008 11:02 FAX 8174470021 CITY CONTACT INFORMATION BUDDY FRANKLIN EMAIL: buddvkanklIndtround- ock.lx-us PHONE:512-218557.8 FAX: 512.218.8648 INVOICE TO: City of Round Rock Accounts Payable 221 Eset PAM Street Round Rock Texan 788844289 F.O.B. DESTINATION, FRBGHT PREPAID AND ALLOWED UNLESS OTHERWISE SPECIFIED BELOW DEST1NATION: City of Round Rock Various locations Round Rock, Texas 78884 PARD U S UNDERWATER CO 80730 -2 %%22/004 REQUEST FOR QUOTES (RFQ) CITY OF ROUND ROCK UTILITY SUPPORT DIVISION 8484 N111315 ROUND ROCK, 1X 78111 'MQ INFORMATION: TANK INSPFCTION8 OS -034 QUOTE NUMBER TE: "f1Ml8Oii--#t 3:' FAX OR EMAIL QUOTES TO: BUDDY FRANKLIN ON OR BEFORE CLOSE DATE. ANY QUOTES RECEIVED AFTER THAT TIME WILL NOT BE 4 7-7-6 g MODER INFORMATION LEO Ni NO.: — N�Q Q LEGAL. a NAME ]�(, I�(, AODRESe: / . >< AMEN: CONTACT: , / 1 4.715 TELEPHONE NO.: BUSINESS ENTITY TYPE: Pair Sentice,c, GP By the signature hereon affixed, the bidder hereby cedillas that neither the bidder nor the entity represented by the bidder, or anyone acting for such setMy hu violated the antitrust laws of lids Slats, modified In Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor comnwnIcated directly or Indirectly, the bid made to any competitor or any other person engaged in such Iine of business. This RFQ is for :multi year agreement fora service to provide storage tank inspections In accordance witty specification No. 0842841, UMW YU'LWD 11 Mrs/ ens PIMMI•MVIIMS w ,+rep, Bidder a to - • w th ail eondilons set forth in this REQ _, QTY 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DELIVERY UNIT ee ea ea ea ea ea ea ea ea ea ea ea ea ' ea ea ea ea IN P1 _ rrEM• 1 z a r 6 e 7 e to 11 12 13 14 is 1s 17 is is CLASS & ITEM DESCRIPTION 1431 STANDPIPE I, PUMP STATION HYDO-TANK WESTINGHOUSE PUMP STATION , WATER TREATMENT PLANT CLEARWELL 13 VISTA HEIGHTS STANDPIPE f N. 81 STANDPIPE .I' BOWMAN ROAD PUMP STATION I CHISHOLM VALLEY ELEVATED TANK / S. 81 ELEVATED ✓ SOUTHEAST BOOSTER SITE ✓ SOUTHEAST ELEVATED TANK I, HIGH COUNTRY ELEVATED TANK ✓ WATER TREATMENT PLANT CLEARWELL f1 WATER TREATMENT PLANT CLEARWELLf2 BARTON HILL ELEVATED 1/ CHANDLER CREEK ELEVATED TANK ✓ LAKE CREEK PUMP STATION f MCNEIL ROAD PUMP STATION SURCHARGE AND/OR DELIVERY CHANGES IF ANY UNIT PRICE / 90 i Pit Pi r / q0 • /�Q .'� l qi • . 1 ,0 - / qa.....•/ ) 90'I 90 ' / O •� / 9'd . 10- 10.... Di9p." /449" / 4l '7100 • GRAND TOTAL.; EXTENSION , 9� ' 1 �0 • /1 � � I / • 10 . / qp / t%0 . ••••e 40 '..._ _ ift 7 7 a / W.' D p. — �d / 7 D. / �Q / d 6. i 7 9 Pa s o') 1 DAYS 1of1 • 07/09/08 11:14 FAI 512 218 5548 PARD .6/07/2008 11:04 FAX 8174470021 U S UNDERWATER 1001 004/004 BIDDER'S REFERENCE SHEET Please Complete and Return This Form with the Solicitation Response SOLICITATION NUMBER RFQ 08-034 STORAGE TANK INSPECTIONS BIDDER'S NAME: W4. uwdtava&0 E.c . N kCt2S 1 a DATE: 7 -7-10 C Provide the name, address, telephone number and paint of contract of at least three finis that have utilized similar service for at least 2 year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code' Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 4. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number Brxza rZt.14.r Au 1-1u AkuOvvu.n 6'-c�ot�eb�d 7X 7!0 q k? (f y0 ) 779.- /1a Fax Number 4 Nti bicnn Cook�acc, 2l l uG• u �, sres rU Amt "TX 7&o4 ( in") g Nog Fax Number ( TXu Grmszet alAl'p tir r►u,, LP - Cavwrdk. PcAk P. 0. Box i o&a Gk✓A Rose , 7410113 (20) $9'7- sof5--Fax Number -r k(CC\s" Atkin f /101 1 -11-iv eitk BWd • ( 31"7 )�awk Fax Number FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPOP SE MAY AUTOMATICALLY DISQUALIFY THE RiESQQ?JSE FROM CONSERATION FROM AWARD. Reference Sheet Page 1 of 1 Dated 05!2005 DATE: SUBJECT: ITEM: Department: Staff Person: Justification: August 22, 2008 City Manager Approval — August 29, 2008 Action authorizing the City Manager to execute an Agreement for Tank Inspection Services with U.S. Underwater Services, L.P. Water and Wastewater Utilities Michael D. Thane, P.E., Director of Utilities This agreement will accurately assess the integrity of the structure and coating system of the City's water storage tanks in compliance with Texas Administrative Code of TCEQ Chapter 290, Subchapter D. Services include all labor and equipment necessary to perform condition surveys of all the City's potable water storage tanks. Funding: Cost: $4,200 Source of funds: Capital Project Funds (Utility Fund) Outside Resources: U.S. Underwater Services, L.P. Background Information: Currently, the City has 18 existing tanks that include standpipes, pressure tanks, ground storage tanks, and elevated storage tanks and 2 MG elevated tank, which is under construction. The overall survey shall provide information and data that supports the assessment given for each storage tank. Public Comment: N/A Blue Sheet Format Updated 01/20/04