CM-09-04-057CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF ADVANCED INSPECTIONS, ADVANCED CLEANING,
AND REPAIR OF PROTECTIVE ENSEMBLES FOR STRUCTURAL FIRE FIGHTING
FROM GEAR CLEANING SOLUTIONS, L.L.C.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
That this Agreement for purchase of advanced inspections, advanced cleaning, and repair
of protective ensembles for structural fire fighting in accordance with all requirements set forth
by National Fire Protection Association (NFPA) 1851-2008 Edition and the Texas Commission
on Fire Protection, and for related goods and services, referred to herein as the "Agreement," is
made and entered into on this the ( O day of the month of 11,,-p ,,; „ , 2009, 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
GEAR CLEANING SOLUTIONS, L.L.C., whose offices are located at 2647 Manana Drive,
Dallas, Texas 75220, referred to herein as the "Vendor." This Agreement supersedes and
replaces any previous agreements between the named parties, whether oral or written, and
whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase advanced inspections, advanced cleaning, and
repair of protective ensembles for structural fire fighting in accordance with all requirements set
forth by National Fire Protection Association (NFPA) 1851-2008 Edition and the Texas
Commission on Fire Protection, and to purchase associated goods and services, and City desires
to purchase same from Vendor; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods, and
City has selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
00155478/jkg
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and Vendor is obligated to sell same. The Agreement
includes the following: (a) City's Invitation for Bid designated IFB 09-007, Specification
Number 09-936-33 dated November 2008; (b) Vendor's Response to IFB; (c) contract award;
and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in
the contract documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) Purchaser's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. 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 mean the specified supplies, materials, commodities, or equipment.
F. Vendor means Gear Cleaning Solutions, L.L.C., or any of its successors or
assigns.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for five (5) consecutive twelve-month
periods from the effective date hereof. After that term, this Agreement may be renewed for
successive terms of twelve (12) months each, not to exceed in the aggregate two (2) such
renewals, 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 Vendor has performed each and every
contractual obligation specified in this original Agreement.
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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/. Any price increase shall be requested by Vendor in writing and
accompanied by the appropriate documentation to justify the requested increase, and shall be
received by City at least ninety (90) days prior to this Agreement's next renewal date. Vendor
may offer price decreases, even in excess of the allowable percentage change, at any time during
the contract term. City reserves the right, at its sole unfettered option, to reject any price increase
and terminate this Agreement without prejudice to City should City and Vendor not agree on
such price increase.
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.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods as outlined in IFB
09-007, Specification Number 09-936-33 dated November 2008, and Response to IFB submitted
by Vendor, all as 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 IFB and as offered by Vendor in its Response to the IFB.
The goods 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
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on 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;
C. Description and quantity of items received; and
D. Delivery dates.
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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 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.
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, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
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
causes the payment to be late; or
B. 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
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.
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10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
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 VENDORS
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 requirements as stated in the attached Invitation for Bid No. IFB
09-007 (including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative(s) authorized to act in its behalf with
regard to this Agreement:
Charles H. Meserole
Round Rock Fire Department
203 Commerce Boulevard
Round Rock, Texas 78664
Landline: 512-671-2779
Cell: 512-748-9539
cmeserole@round-rock.tx.us
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.
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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.
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,
6
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 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 recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Gear Cleaning Solutions, L.L.C.
2647 Manana Drive
Dallas, TX 75220
Notice to City:
Assistant City Manager
221 East Main Street
Round Rock, TX 78664
Stephen L. Sheets, City Attorney
AND TO: 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 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.
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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
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 Vendor 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 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
such 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 to
be 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. Vendor shall be fully
8
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.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By:
Printed N
Title:
Date Signed:
Attest:
BY: 1/1711(1(' Gatt
Sara L. White, City Secretary
For City, Approved as to orm:
B
Y :NI/BLA
Step . Sheets, City Attorney
J
9
Gear Cleaning Solutions, L.L.C.
By: , n L 1✓ JYi w�
Printed Ione: Ubt+ 3 k.), i c IL
Title: ` SjDewT / 6w
Date Signed: 3 - 5-6
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION. FREIGHT PREPAID AND
ADDED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
Fire Station 46
Attn: Logistics
2919 Joe Di Maggio Blvd
Round Rock, TX 78664
A t. .. rrL /tom s 1 -tit oaa
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
FACSIMILE RESPONSES
SMALL NOT BE ACCEPTED
SHOW WD OPENING DATE E
DDG NUMBER M LOWER LEFT
N.WO CORNER OF SEALED SD
ENVELOPES SNOW RETURN
ADDRESS OF WOOING FIRM.
BIDDING INFORMATION:
e • rotec I on neem • e nspecbon, can ng an
Repair
BIO NUMBER 09-007
OPENING DAT 12/9/2008 at 3:00 P.M.
81D LOCATIOA
221 E. Main Street, Council Chambers,
Round Rock, TX 778664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
PIDDER SH SIGN BELOW
un t. n bid w111 disqualify bid
Siwe S� mee
See 1.7 of Bidding Instructions on page 3
TAX ID NO. a 6�G- om�at Soo�,.-
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LEGAL BUSINESS NAME. L 6-M. l t ///J cSottir,pV Si, LL C
ADDRESS. A r 4—/V0... A /X/ VEL"
,
ADDRESS. �A1.(44.S 1 .irh- 75 2 2 0
CONTACT Rick to) iOtakk.,I oR 'Tim Toml;NSc�I
TELEPHONE NO ___(.2i) 7741- - 2,21
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BUSINESS ENTITY TYPE. G pA42.. r.1 atsp-tJ
`By the signature hereon affixed. the bidder hereby certifies that neither the bidder nor the entity represented by the bidder. or anyone acting for such entity has
violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code. or the Federal antitrust laws, nor communicated
directty or indirecliy, the bid made to any competitor or amother person engaged in such line of business •
1 of 2
EXHIBIT
nAr
Bidder agrees to comply with all conditions set forth below in this IFB.
This is for a five year agreement with two 12 -month renewal options for advance cleaning, advance inspection and repairs of protective
ensembles for structural fire fighting. All services stated in the description of this IFB shall meet all requirements set forth by National
Fire Protection Association 1851-2008 Edition and the Texas Commission on Fire Protection and in accordance with Specification No.
09-962-09 (6 pgs) dated 11-2008 and Attachmert A, Insurance (4 pgs).
Containers shall be provided by the vendor and the cost of shipping from and to the City shall be Included in the unit price.
BID SHEET . _
ITEM #
CLASS & ITEM DESCRIPTION
936-33
QTY
UNIT
UNIT
EXTENSION
1
Advanced Cleaning Coat
244
EA
,PRICE
ay • 00
5S CI, 00
2
Advanced Cleaning Pants
244
EA
.Q11, 00
555(0 • 0 0
3
Advanced Cleaning Helmet
136
EA
/0.00
/3420 • P°
4
Advanced Cleaning Boots (rubber or Leather)
166
EA
6 y O O
gL 4Or d Q
5
Advanced Cleaning Gloves
166
EA
0.00
0,00
6
Advanced Cleaning Hood
166
EA
Q • 00
Oro 0
7
Decontamination - Coat
10
EA
36 - QO
300 r DY
8
Decontamination - Pants
10
EA
D. 0o
300 • 00
9
Decontamination - Helmet
10
Ela
/5,00
1 50. 0V
10
Decontamination - Gloves
10
EA
0.00
0.00
1 of 2
EXHIBIT
nAr
Din SHEET
2012
DELIVERY IN /y DAYS
ITEM #
CLASS & ITEM DESCRIPTIOIV
936-33
QTY
UNIT
UNIT
PRICE
EXTENSION
11
Decontamination -Boots
70
EA
�(5r 00
'150, 0_9
12
Decontamination - Hood
10
EA
0. 0 0
0.°U
13
Biological Disinfection - Coat
10
EA
30. 00
30D • 00
14
Biological Disinfection - Pants
t0
EA
0 06
, 0 0
15
Advanced Inspection Outer Shell Coat
P44
EA
6 • 0 0
PA. 7 ,/ 00
16
Advanced Inspection Outer Shell Pants
244
EA
6 . OO
/46'1,,°0
17
Advanced Inspection Moisture and ThemtaLiner Coat
244
EA
1A.O0
1`1104/' °°
18
Advanced Inspection Moisture and Therms: Liner Pants
244
EA
6 ' 0 0
/(,& 1/.0 v
19
Coat Repairs Rivets (each)
25
EA
/• go
0 , 0, O
20
Coat Repairs Zipper
25
EA
54. 00
050, JY
21
Moisture Seam Tapr (per inch)
500
EA
/ . tO
(Q 00. 00
22 Thermal Patch (per sq inch)
1000
EA
O # 36
3(o0. 00
23 Coat Repairs Pocket replacement
50
EA
30 , 0 0
/ 500. 00
24 Coat Repairs Collar Material
50
EA
Qz i 9U
4114 0.00
25 Coat Repairs Wristlets (Each)
50
EA
29 , y0
1 of 7D -DO
26 Coat Repairs Hole Repairs
50
EA
3. (O 0
/ eco. Of'
27 Coat Repairs Hanging Hook
10
EA
7, 80
OO"
7g
28 Coal Letters Replace (per letter)
10
EA
6.60
•
60 .OJ
29 Velcro Repairs (per inch)
1000
EA
0.75
160" )°
30 Pants Repairs Rivets (each)
25
EA
1. go
/5 Op
31 Pants Repairs Zipper (Crotch)
25
EA
5/.00
2.7•0
12.750°
32 Pants Repairs Zipper (Legs)
50
EA
1/46 «0
A as o .00
33 Pants Repairs Leather Knees
12
EA
,P5, 0
3oz I/ O
34 Pants Repairs Pockets
24
EA
51,00
+'.%R.
35 Pants Repairs Snaps/Buttons
20
EA
3.60
—12- • JO
36 Reflective Trim Coat or Pants (per inch)
500
EA
/ , 00
0 0
000-
37 Pants Repairs Hole Repairs
50
EA
3, 60
I y( .0O
38 Advanced Inspection Helmet
166
EA
/0 , 00
/660`-66-
1060rOd39
39Advanced Inspection Boots (rubber orLeather)
166
EA
/0' p0
/(j00 -DU
40 Advanced Inspection Gloves
166
EA
0 - 00
) 0 c)
41 Advanced Inspection Hood
166
EA
00
0 O0
GRAND TOTAL
92e%3,40
2012
DELIVERY IN /y DAYS
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 09-007, Fire Protection Ensemble Inspection, Cleaning and Repair
BIDDER'S NAME: 4 Eng el.bigiev/ah SO<-t/7/fi/S GGC DATE: /Z/ 1// AQQ S%
Provide the name, address, telephone number and point of contact of at least three firms 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.
Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
5. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
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FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY
DISQUALIFY THE RESPONSE FROM CONSIDERATION OF AWARD.
Reference Sheet Page 1 of 1 Dated: 05/2005
BIDS ARE DUE TO THE PURCHASING OFFICE
AT THE ABOVE ADDRESS BEFORE BID
OPENING TIME.
INVOICE TO:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, Texas 78664-5299
BID F.O.B. DESTINATION, FREIGHT PREPAID AND
ADDED UNLESS OTHERWISE SPECIFIED BELOW
DESTINATION:
Fire Station #6
Attn: Logistics
2919 Joe Di Maggio Blvd
Round Rock, TX 78664
INVITATION FOR BID (IFB)
CITY OF ROUND ROCK PURCHASING OFFICE
221 E. Main Street
Round Rock, Texas 78664-5299
FACSIMILE RESPONSES
SHALL NOT BE ACCEPTED
SHOW BID OPENING DATE &
Bal HUMBER R LOWER LEFT
HAND CORNER OF SEALED BID
ENVELOPE I SHOW RETURN
ADDRESS OF BIDDING FRM.
BIDDING INFORMATION:
Fire Protection Ensemble Inspection,Cleaning and
Repair
BID NUMBER 09-007
OPENING DAT 12/9/2008 at 3:00 P.M.
BID LOCATION
221 E. Main Street, Council Chambers,
Round Rock, TX 778664
RETURN SIGNED ORIGINAL AND ONE COPY OF BID
LiIDDER SHALL SIGN BELOM(
Failure to sign bid will disqualify bid
Authorized Signature
Date
Print Name
See 1.7 of Bidding Instructions on page 3
TAX ID NO.:
LEGAL BUSINESS NAME:
ADDRESS:
ADDRESS:
CONTACT:
TELEPHONE NO.:
BUSINESS ENTITY TYPE:
"By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such entity has
violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated
directly or indirectly, the bid made to any competitor or any other person engaged in such line of business."
Bidder agrees to comply with all conditions set forth below in this IFB.
This is for a five year agreement with two 12 -month renewal options for advance cleaning, advance inspection and repairs of protective
ensembles for structural fire fighting. All services stated in the description of this IFB shall meet all requirements set forth by National
Fire Protection Association 1851-2008 Edition and the Texas Commission on Fire Protection and in accordance with Specification No.
09-962-09 (6 pgs) dated 11-2008 and Attachment A, Insurance (4 pgs).
Containers shall be provided by the vendor and the cost of shipping from and to the City shall be included in the unit price.
SID tzHEB
ITEM #
CLASS & ITEM DESCRIPTION
936-33
QTY
UNIT
UNIT
PRICE
EXTENSION
1
Advanced Cleaning Coat
244
EA
2
Advanced Cleaning Pants
244
EA
3
Advanced Cleaning Helmet
136
EA
4
Advanced Cleaning Boots (rubber or Leather)
166
EA
5
Advanced Cleaning Gloves
166
EA
6
Advanced Cleaning Hood
166
EA
7
Decontamination - Coat
10
EA
8
Decontamination - Pants
10
EA
9
Decontamination - Helmet
10
EA
10
Decontamination - Gloves
10
EA
1 of 2
..
'.... sip SHEET
ITEM #
CLASS & ITEM DESCRIPTION
936-33 -
QTY
UNIT
UNIT
PRICE
EXTENSION
11
Decontamination - Boots
10
EA
12
Decontamination - Hood
10
EA
13
Biological Disinfection - Coat
10
EA
14
Biological Disinfection - Pants
10
EA
15
Advanced Inspection Outer Shell Coat
244
EA
16
Advanced Inspection Outer Shell Pants
244
EA
17
Advanced Inspection Moisture and Thenal Liner Coat
244
EA
18
Advanced Inspection Moisture and Thennal Liner Pants
244
EA
19
Coat Repairs Rivets (each)
25
EA
20
Coat Repairs Zipper
25
EA
21
Moisture Seam Tapr (per inch)
500
EA
22
Thenal Patch (per sq inch)
1000
EA
23
Coat Repairs Pocket replacement
50
EA
24
Coat Repairs Collar Material
50
EA
25
Coat Repairs Wristlets (Each)
50
EA
26
Coat Repairs Hole Repairs
50
EA
27
Coat Repairs Hanging Hook
10
EA
28
Coat Letters Replace (per letter)
10
EA
29
Velcro Repairs (per inch)
1000
EA
30
Pants Repairs Rivets (each)
25
EA
31
Pants Repairs Zipper (Crotch)
25
EA
32
Pants Repairs Zipper (Legs)
50
EA
33
Pants Repairs Leather Knees
12
EA
34
Pants Repairs Pockets
24
EA
35
Pants Repairs Snaps/Buttons
20
EA
36
Reflective Trim Coat or Pants (per inch)
500
EA
37
Pants Repairs Hole Repairs
50
EA
38
Advanced Inspection Helmet
166
EA
39
Advanced Inspection Boots (rubber or Leather)
166
EA
40
Advanced Inspection Gloves
166
EA
41
Advanced Inspection Hood
166
EA
GRAND TOTAL
DELIVERY IN DAYS
2 oft
BIDDING INSTRUCTIONS
ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID
ANY EXCEPTIONS THERETO MUST BE IN WRITING
1. BIDDING REQUIREMENTS:
1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees
product offered will meet or exceed specifications identified in this Invitation For Bid (IFB).
1.2 Bids should be submitted on this forth. Each bid shall be placed in a separate envelope completely and properly identified. See instructions on IFB. Bids must be in the
Purchasing Office before the hour and date specified on the IFB.
1.3 Late bids properly identified will be retumed to bidder unopened. Late bids will not be considered.
1.4 Bid F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the IFB. If otherwise, show exact cost to deliver.
1.5 Bid unit price on quantity and unit of measure specified, extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price
increase will not be considered.
1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be
considered in determining the low bid. All cash discounts offered will be taken if earned.
1.7 Bids shall give Tax Identification Number, full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind
signatories firm in a contract. 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, Estate/Trust, Corporation, Governmental. Non-profit, all 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).
1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent. No bid can be
withdrawn after 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 include tax in bid.
1.10 The City reserves the right to accept or reject all or any part of bid, waive minor technicalities and award the bid to best serve the interests of the City, Split awards may be
made at the sole discretion of the City.
1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations.
1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB.
1.13 CAUTION: Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late, illegible, incomplete, or
otherwise non-responsive
2. SPECIFICATION:
2.1 Any catalog, brand name or manufacturer's reference used in IFB is descriptive only (not restrictive), and is used to indicate type and quality desired. Bids on brands of like
nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment 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 bid. If bidder takes no exceptions to specifications or reference
data in bid, bidder will be required to fumish brand names, numbers, etc, as specified in the IFB.
2.2 All items bid shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the
contrary will not be recognized.
2.3 Samples, when requested, must be fumished free of expense to the City. If not destroyed in examination, they will be returned to the bidder, on request, at bidder expense.
Each example should be marked with bidders' name and address, City bid number and code. Do not enclose in or attach to bid.
2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB.
2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB.
3. TIE BIDS: In case of tie bids, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code.
4. DELIVERY:
4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates bidder to complete
delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises
without valid reason may cause removal from bid list. (See 4.2 following.)
4.2 If delay is foreseen, contractor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Contractor must keep the City
advised at all times of status of order. Default in promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies
elsewhere and charge full increase, if any, in cost and handling to defaulting contractor.
4.3 No substitutions 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 delivery has been obtained from the City, unless otherwise specified in the IFB.
5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have
access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from
regular shipments. If the products tested fail 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 bome 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 Vendor's
risk and expense. Latent defects may result in revocation of acceptance.
6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the IFB. Bids do not become
contracts unless and until they are accepted by the City through its designates and a purchase order is issued. The contract shall be govemed, construed, and interpreted under
the Charter of the City and the laws of State of Texas. All contracts are subject to the approval of the City Council or Manager.
7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the purchase order number on all copies.
8. PATENTS AND COPYRIGHTS: The contractor agrees to protect the City from claims involving infringements of patents or copyrights.
9. VENDOR ASSIGNMENTS: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract, which arise under the antitrust laws of the State
of Texas. Tx, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967).
10. BIDDER AFFIRMATION:
10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts, and the bidder shall be removed from all
bid lists. By signature hereon affixed, the bidder hereby certifies that:
10.2 The bidder has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor,
or service to a public servant in connection with the submitted bid.
10.3 The bidder is not currently delinquent in the payment of any debt owed the City.
10.4 Neither the bidder nor the firm, corporation, partnership, or any entity represented by the bidder, or anyone acting for such firm, corporation, or entity has violated the
antitrust laws of this State codified in Section 15.01 et. Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly
the bid made to any competitor, or any other person engaged in such line of business.
10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB.
11. NOTE TO BIDDERS: Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING: Such
terms and conditions may result in disqualification of the bid (e.g. bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies, etc.) The
City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular, all bidders affirmations and certifications must be included.
Submission of bids on forms other than City bid form may result in disqualification of your bid.
12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number, codes, and opening date.
Bidder Instructions Page 1 of 1 Rev.: 04-04-05
REFERENCE SHEET
Please Complete and Return This Form with the Solicitation Response
SOLICITATION NUMBER: IFB 09-007, Fire Protection Ensemble Inspection, Cleaning and Repair
BIDDER'S NAME: DATE:
Provide the name, address, telephone number and point of contact of at least three firms 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
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
4. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
5. Company's Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Fax Number (
Fax Number (
)
Fax Number (
)
Fax Number (
)
Fax Number (
)
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY
DISQUALIFY THE RESPONSE FROM CONSIDERATION OF AWARD.
Reference Sheet
Page 1 of 1 Dated: 05/2005
SPECIFICATION NO.
09-936-33
DATE: NOVEMBER 2008
CITY OF ROUND ROCK
FIRE PROTECTION ENSEMBLE, INSPECTION, CLEANING AND REPAIR
PART 1
GENERAL
1. PURPOSE: The City seeks a multi-year contract with a qualified bidder to perform advanced inspections,
advanced cleaning and repair of protective ensembles for structural fire fighting in accordance with all
requirements set forth by National Fire Protection Association (NFPA) 1851-2008 Edition and the Texas
Commission on Fire Protection.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid
document:
2.1. Agreement —A mutually binding legal document obligating the Vendor to furnish the goods,
equipment or services, and obligating the City to pay for it.
2.2. Bid/Proposal - is a complete, properly signed response to a Solicitation that if accepted, would bind
the Bidder/Proposer to perform the resulting contract.
2.3. Bidder/Proper identified throughout this specification shall describe persons and entities that
consider themselves qualified to provide the goods, equipment or services.
2.4. City — Identifies the City of Round Rock, Travis and Williamson Counties, Texas.
2.5. Goods represent materials, supplies, commodities and equipment.
2.6. Piggyback Contract — A term used to identify contract/agreement or purchase order that has been
competitively bid in accordance with State of Texas statutes, rules, policies and procedures and
have been extended for the use of state and local agencies and active State of Texas CO-OP
entities.
2.7. 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.
2.8. Services - work performed to meet a demand. The furnishing of labor, time, or effort by the vendor
and their ability to comply with promised delivery dates, specification and technical assistance
specified
2.9. 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.
2.10. 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 an agreement
or purchase order.
3. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government 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 government 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
Page 1 of 6
SPECIFICATION NO.
09-936-33
DATE: NOVEMBER 2008
3.1. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result in the disqualification of the vendor's proposal.
4. CLARIFICATION: For clarification of specifications, bidders may contact
Carolyn Brooks
Purchaser
City of Round Rock
Telephone: 512-218-5457
cmb@round-rock.tx. us
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.
5. BEST VALUE EVALUATION: All bids received shall be evaluated based on the best value for the City. In
determining best value, the City may consider:
5.1. The purchase price;
5.2. Reputation of the bidder and of bidder's goods and services;
5.3. The quality of the bidder's goods or services;
5.4. The extent to which the goods or services meet the City's needs;
5.5. Bidder's past relationship with the City;
5.6. The total long-term cost to the Municipality to acquire the bidder's goods or services- and
5.7. Any relevant criteria specifically listed in the solicitation.
6. 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.
PART II
SPECIFICATIONS
1. SCOPE: This specification describes a service for the advanced cleaning, advanced inspections and repairs
of protective ensembles for structural fire fighting. Services shall include, but not be limited to receiving
complete ensembles or in part, perform advanced inspection and advanced cleaning and make repairs as
needed then retum ensembles to the City.
2. STATEMENT OF INTENT: These specifications cover only the general requirements as to the performance
and requirements of the vendors along with the requirements of The NFPA for protective ensembles for
structural fire fighting, as well as certain details to which the successful bidder shall conform. Bidders shall
be responsible for inspecting, cleaning and repairing ensembles and providing documentation that meets or
exceeds all of the requirements as set forth herein.
3. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such
bidder as qualified and responsible. All bidders shall:
3.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of
commodity or provision of the services as specified herein.
3.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient
service to the City.
3.3 Provide references to include the name, address, telephone number and point of contract of at least
three entities for which the bidder has preformed similar service and or utilized the exact technology
within the past three years. Any negative responses received may result in disqualification of bid.
Page 2 of 6
SPECIFICATION NO.
09-936-33
DATE: NOVEMBER 2008
3.4 Identify any subcontractors to be used for this project. Experience, qualifications and references of
the subcontractors shall be submitted. The City reserves the right to approve or disapprove all
subcontractors prior to any work being performed.
4. ENSEMBLES: The City currently use the following:
Manufacture Ensemble
Globe Coat and Pants
Ranger Boots
Lion Apparel Helmet
Tech Trade Gloves
Majestic Fire Hood
4.1 Add/Delete Manufactures — The City reserves the right to add or delete a manufacture with a thirty
(30) day written notice to the vendor to allow for vendor to receive training on inspection, cleaning
and repairs of ensemble(s).
5. SERVICE: Vendor shall be responsible for the inspection, cleaning and repairs of ensembles or any part
thereof, in accordance with the NFPA 1851-2008 Edition and the Texas Commission on Fire Protection. The
vendor shall:
5.1 Provide containers for shipping.
5.2 Incur all cost of shipping from and to the City.
5.3 Maintain a two (2) week turnaround service of all ensembles or any part thereof, unless otherwise
approved by the City and Vendor.
5.4 Provide written documentation for all advanced cleaning, advanced inspection and repairs.. The
advanced inspection shall state pass or failed on the document.
6. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or
maximum purchase is made or implied. The City will only order the services needed to satisfy operating
requirements, which may be more or less than indicated.
7. CONTRACT ADMINISTRATOR: All work performed under this contract will be supervised and verified by
the City representative(s) noted below.
Charles H. Meserole
Round Rock Fire Dept.
PH (512) 671-2779
Cell (512) 748-9539
cmeserole(d round-rock.tx.us
PART III
DELIVERY, ACCEPTANCE AND PAYMENT
1. DELIVERY: Unless noted on the solicitation, all shipments shall be FOB Destination (inside delivery) and
received between the hours of 8:OOAM and 4:OOAM, Monday through Friday. Deliver location(s) shall be
specified in the solicitation and any resulting purchase order.
2. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be
notified within this time frame if the unit delivered is not in full compliance with the specifications. If any
purchase order is canceled for a unit for non-acceptance, the needed equipment 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
Attn: Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
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
Page 3 of 6
SPECIFICATION NO.
09-936-33
DATE: NOVEMBER 2008
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 purchase 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 seq., and
which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01 et seq.,
PART IV
AGREEMENT TERMS AND CONDITIONS
1. 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:
1.1. Renew Agreement for two (2) additional periods of time not to exceed twelve (12) months for each
renewal provided both parties agree.
1.2. Review the following at the end of each twelve-month review period or renewal:
1.2.1. Vendor performance;
1.2.2. Price;
1.2.3. Continuing need;
1.2.4. Advancements in technologies and/or service
1.3. The City may terminate the Agreement with or without cause or may continue through the next
twelve-month review or renewal period.
2. PRICE: The contract price shall be firm for the duration of the contract or extension periods. No separate
line item charges shall be permitted for either bidding or invoice purposes, which shall include equipment
rental, demurrage, fuel surcharges, delivery charges, cost associated with obtaining permits or any other
extraneous charges.
3. PRICE ADJUSTMENT: The City may permit "unit price" adjustments upward, only as a result of a cost
increase in services in accordance with the Producers Price Index at http://stats.bls.crov/ppi/. Price
increases may be permitted in accordance with the Producers Price Index for paper, price per page or
additional black and white or color pages. Any price increase to this contract shall be requested by Vendor
in writing and shall be accompanied by the appropriate documentation to justify the increase, and shall be
received by City at least ninety (90) days prior to the agreement review date. Vendor may offer price
decreases, even in excess of the allowable percentage change, at any time during the contract term. The
City reserves the sole option to reject any price increase and terminate this contract should the City and the
Vendor not agree on any price increase.
4. INTERLOCAL COOPERATIVE CONTRACTING: Other govemmental entities may be extended the opportunity
to purchase off of the City of Round Rock's solicitation, with the consent and agreement of the awarded 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.
Page 4 of 6
SPECIFICATION NO.
09-936-33
DATE: NOVEMBER 2008
5. 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.
6. 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.
PART V
GENERAL CLAUSES AND CONDITIONS
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.
1.
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.
10. 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.
11. 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 furnish the City with satisfactory proof of
its compliance.
12. 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
5 of 6
SPECIFICATION NO.
09-936-33
DATE: NOVEMBER 2008
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).
13. 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, attorney's fees and any and all other costs or fees incident to the performance of the resulting
agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants
and employees.
14. 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.
15. 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.
16. GOVERNING LAW: Any resulting agreement shall be governed by and construed in accordance with the
Laws of the State of Texas.
17. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement
shall lie in Williamson County.
18. 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.
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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 injuries 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 furnished 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 fumished 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 concerning 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 less 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 governmental
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 furnishes 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 CONTRACTOR'S 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
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that at coverage agreements wit
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
DATE: April 1, 2008
SUBJECT: City Manager Approval — April 10, 2009
ITEM: Consider execution an agreement for the purchase of advance inspection, advance cleaning and
repair of protective ensembles for structural fire fighting with Gear Cleaning Solutions, L.L.C.
Department: Fire Department
Staff Person: Larry Hodge, Fire Chief
Justification:
The National Fire Protection Association, NFPA 1851 Edition 2008 for the Care and Maintenance of
Protective Ensembles and Ensembles Elements for Structural Fire Fighting, requires that advance
cleaning and inspection protective ensembles and ensemble elements for structural fire fighting be done
annually and that the person(s) who does this advance cleaning and inspection be trained by the
manufacturer. In addition, a person(s) who does repairs to protective ensembles and ensemble elements
for structural fire fighting the must be in compliance with NFPA 1971, trained by the manufacturer and
certified by a third- party certification organization. Gear Cleaning Solution meets these requirements.
The total cost listed on the contract is based off of every line item # being done in a single year. Repairs,
decontamination and biological disinfection and done as needed.
The estimated annual cost is $24,738.00, for the advance cleaning and inspection of protective ensembles
and ensemble elements for structural fire fighting.
Funding: Cost: $42,833.40
Source of funds: General Funds
Outside Resources: N/A
Background Information:
The NFPA 1851, Edition 2008, for the Selection, Care and Maintenance of Protective Ensembles
Elements for Structural Fire Fighting, was prepared by the Technical Committee on Structural and Fire
Fighting Protective Clothing and Equipment and released by the Technical Correlating Committee on Fire
and Emergency Services Protective Clothing and Equipment. It was issued by the Standards Council on
June 4, 2007, with an effective date of June 24, 2007, and supersedes all previous editions. The Texas
Commission on Fire Protection, due to budget impact, has given the fire departments in Texas three (3)
years to be in compliance with the NFPA 1851, Edition 2008. In 2006 this department starting
purchasing a second set of turnout gear to ensure we have the means to send the firefighters primary set of
gear out for advance cleaning and inspection thus not overtaxing our budget. The second set of protective
gear must meet the same standard as the firefighters' primary set of gear.
UPDATED APRIL 2008