Contract - Nicor, Inc. - 2/25/2016CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
WATER METER BOX ANTI -FLOAT LIDS FROM
NICOR, INC.
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 water meter box anti -float lids, and for related
goods and services, (referred to herein as the "Agreement"), is made and entered into on this the
day of the month of February, 2016, 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 NICOR, INC., whose offices are
located at 100 Commons Road #7-355, Dripping Springs, TX 78620 (referred to herein as the
"Services Provider").
RECITALS:
WHEREAS, City desires to purchase water meter box anti -float lids, and City desires to
procure same from Services Provider; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the Bid submitted by the Services Provider; 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, sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City is obligated to buy specified services and Services Provider is obligated to sell
same. The Agreement includes the following: (a) City's Invitation for Bid designated
Solicitation Number 16-005 dated November 2015, Class/item: 890-40; (b) Services Provider's
Response to the 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
00350667/ss2
preference in the following order:
(1) This Agreement;
(2) Services Provider'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 and services mean the specified services, supplies, materials,
commodities, or equipment.
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 initial term of this Agreement is for twelve (12) months from the effective
date hereof. After that initial term, this Agreement may be renewed for one (1) successive
twelve (12) month period, under the same terms and conditions, only upon the express written
agreement of both parties, and only provided that the Services Provider has performed each and
every contractual obligation specified in this Agreement.
C. 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 Services Provider to supply the services as outlined in the IFB and
Response to IFB submitted by Services Provider, all as specified in Exhibit "A." The intent of
these documents is to formulate an Agreement listing the responsibilities of both parties as
outlined in the IFB and as offered by Services Provider in its Response to the IFB.
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The services which are the subject of this Agreement are described in Exhibit "A" and,
together with this Agreement, comprise the total Agreement and they are frilly a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED; SCOPE OF WORK
Items Awarded. All bid items on Exhibit "A" are awarded to Services Provider.
Scope of Work. For purposes of this Agreement, City has issued documents delineating the
required services (specifically Invitation for Bid Solicitation Number 16-005, Class/Item: 890-40
dated November 2015). Services Provider has issued its response agreeing to provide all such
required service in all specified particulars. All such referenced documents are included in
Exhibit "A" attached hereto and made a part hereof for all purposes. When taken together with
the appended exhibits, this Agreement shall evidence the entire understanding and agreement
between the parties and shall supersede any prior proposals, correspondence or discussions.
Services Provider shall satisfactorily provide all services described under the attached
exhibits within the contract term specified in Section 2.01. Services Provider's undertakings
shall be limited to performing services for the City and/or advising City concerning those matters
on which Services Provider has been specifically engaged. Services Provider shall perform its
services in accordance with this Agreement, in accordance with the appended exhibits, in
accordance with due care, and in accordance with prevailing industry standards for comparable
services.
5.01 COSTS
Bid costs listed on page eleven (11), Attachment A: Bid Form of Exhibit "A," in the
amount of Two Hundred Forty -Six Thousand Nine Hundred and No/100 Dollars
($246,900.00) per year, shall be the basis of any charges collected by the Services Provider.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Services Provider;
B. Purchase Order Number;.
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful vendor(s) and
the City. Such agreement shall be conclusively inferred for the vendor from lack of exception to
this clause in the vendor's response. However, all parties hereby expressly agree that the City is
not an agent of, partner to, or representative of those outside agencies or entities and that the City
is not obligated or liable for any action or debts that may arise out of such independently -
negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate finds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Services Provider a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Services Provider will be made within thirty (30) days of the day on which City receives the
performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the
day on which the performance of services was complete, or within thirty (30) days of the day on
which City receives a correct invoice for the performance and/or deliverables or services,
whichever is later. Services Provider may charge interest on an overdue payment at the "rate in
effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance
with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not
apply to payments made by City in the event:
A. There is a bona fide dispute between City and Services Provider, a contractor, a
subcontractor or supplier about the goods delivered or the service performed that
cause the payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Services Provider and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the service
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performed that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability
to Services Provider if it is determined by City that gratuities or bribes in the form of
entertainment; gifts, or otherwise were offered or given by Services Provider or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider 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 Services Provider's charges.
12.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the goods as specified, City reserves the right and
option to obtain the products or services from another supplier or suppliers.
13.01 INSURANCE
Services Provider shall meet all requirements as stated in the attached IFB, including all
attachments and exhibits thereto, and Services Provider's bid response and as set forth at:
llttp://w%\rty.roLitidrocktexas.aov/wp-content/uploads/2014/12/torr insurance 07.20112.pdf.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Michael Thane
Director of Utility and Environmental Services
2008 Enterprise Drive
Round Rock, Texas 78664
(512) 218-3236
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
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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 Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing the specified goods elsewhere, Services Provider 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.
Services Provider 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 frilly, 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 tinder 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 Services
Provider.
B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten (10) days' written notice to Services Provider.
C. Services Provider 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 Services Provider,
Services Provider 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, Services Provider 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
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pay Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider 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
Services Provider 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
Services Provider, or Services Provider's agents, employees or subcontractors, in the
performance of Services Provider'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
Services Provider (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
A. Services Provider, 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.
B. Services Provider acknowledges and understands that City has adopted a Storm
Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139
through 14-152 of the City's Code of Ordinances, to manage the quality of the discharges from
its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the
requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas
Pollutant Discharge Elimination System (TPDES). The Services Provider agrees to perform all
operations on City -owned facilities in compliance with the City's Illicit Discharge Ordinance to
minimize the release of pollutants into the MS4. The Services Provider agrees to comply with of
the City's stormwater control measures, good housekeeping practices and any facility specific
stormwater management operating procedures specific to a certain City facility. In addition, the
Services Provider agrees to comply with any applicable TCEQ Total Maximum Daily Load
(TMDL) Requirements and/or I -Plan requirements.
20.01 ASSIGNMENT AND DELEGATION
'The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
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21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
When delivered personally to the 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 Services Provider:
Nicor, Inc.
100 Commons Road, #7-355
Dripping Springs, TX 78620
Notice to City:
City Manager Stephen L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
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
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing, duly authorized by action of the City Manager or City
Council.
24.01 DISPUTE RESOLUTION
City and Services Provider 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
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. Services Provider 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. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider shall be frilly 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 Services
Provider'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 Services Provider shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
[Signatures on the following page.]
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IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of RoutA4ock, Texas
Nicor, Inc.
By: By:��C
Printed Name: G Printed Name: L ES L! 6 C00/C
Title: Vav d C Title: P/1 tS,-D En/
Date Signed: I2 .ZG • L Date Signed: / - 2 7 - / 6
Attest:
By: C&MA,-,IIWAA 1
Sara White, City Clerk
For City, p roved as, to For
B
Stephan v Sheets, City Attorney
El
lXkjU -%D ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
A 9 M Ll mWel
EXHIBIT "A"
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
CITY OF ROUND ROCK
IFB NO. 16-005
WATER METER BOX ANTI -FLOAT LIDS
PART
GENERAL
1. PURPOSE: The City of Round Rock herein after "City" seeks to establish a multiple year contract with a qualified
person, firm or corporation, herein after "Respondent", to provide water meter box anti -float lids, compatible with remote
read meters for use throughout the City's water supply system.
2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that
the City's standard definitions, terms and conditions, in effect at the time of release of the solicitation, shall govern
unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions,
Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised
of changes. The City's definitions, terms and conditions can be obtained from the City's
website: http:/Iwww.roundrocktexas.gov/bids
3. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth by the insurance
requirements as identified on the City's website at: http://www.roundrocktexas.clov/bids
4. CLARIFICATION: For questions or clarification of specifications, you may contact:
Mike Schurwon, CPPB, CPTM
Purchaser
City of Round Rock - Purchasing Department
mschurwon(aroundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specifications only. No authority is
intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without
written approval of the City of Round Rock through the Purchasing Division.
5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified
and responsive. All Respondents shall:
5.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity
or provision of the services as specified herein.
5.2. Provide the name, address, telephone number and e-mail of at least three (3) firms applicable to Municipal
and/or Government projects that have utilized similar services of size and scope in the past (two) 2 years
(Attachment A). City of Round Rock references are not applicable. References maybe checked prior to award.
Any negative responses received may result in disqualification of submittal.
6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on the best value
for the City. In determining best value, the City may consider:
6.1. Purchase price;
6.2. Reputation of Respondent and of Respondent's goods or services;
6.3. Quality of the Respondent's goods or services;
6.4. The extent to which the goods or services meet the City's needs;
6.5. Respondent's past relationship with the City;
6.6. The total long-term cost to the City to acquire the Respondent's goods or services;
6.7. Any relevant criteria specifically listed in the solicitation.
EXHIBIT "A"
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City of Round Rock
Solicitation Number: 1FB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
7. AGREEMENT TERM: It is the City's intent to structure the agreement as follows:
7.1. The initial term of the resulting agreement shall be one (1) consecutive twelve (12) month period from the
effective award date. The agreement may be renewed for one (1) additional period of time, not to exceed
twelve (12) months, provided both parties agree in writing.
7.2. The City reserves the right to review the respondents' performance at any time and terminate all or part of the
agreement, with or without cause or continue the agreement through the next period.
7.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give notice to
the respondent of the deficiencies and the respondent shall have thirty (30) days to correct such deficiencies.
If the respondent fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement
by giving the respondent written notice of termination and the reason for the termination.
AWARD: The City reserves the right to accept or reject all or part of a response, waive minor technicalities and award
the response to best serve the interests of the City. Split awards or non -award may be made at the sole discretion of
the City. Award announcement will be made upon City Council approval of staff recommendation and executed
agreement.
NOTE: Award announcement will appear on the City's website at: http://www.roundrocktexas.gov/bids
PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be considered based on the
following:
9.1 The City may permit "unit price" adjustments upwardly or downwardly when correlated with the price index specified
herein. Unless otherwise indicated, the price index shall be the specified index as published by the Bureau of Labor
Statistics, Washington, DC 20212. The baseline index shall be the index announced for the month in which the
solicitation opened. Unit prices may be adjusted for each renewal period and extension period in accordance with
changes in index.
9.2 Price adjustments for each renewal and extension periods will be based on the PPI: http://www.bis. ovq /ppi/,
TABLE 3: Producer price indexes for selected stage -of -processing groupings, seasonally adjusted [1982=100].
9.2.1. The allowable percent change shall be calculated by subtracting the baseline index announced for the month
in which the renewal option is exercised and dividing the result by the baseline index.
9.2.1.1. A= Baseline index from month in which the solicitations opened or the month of the last approved
price increase.
9.2.1.2. B = Current and/or latest baseline index.
9.2.1.3. "B" minus "A" then divided by "A". Multiply sum by 100% equals the percent of the allowable price
increase or decrease, "C".
C = [(B -A) divided by A] x 100 %
9.2.2. The allowable percent change shall be rounded to the nearest one-hundredth of one percent and shall be
the maximum unit price adjustment permitted, except that the vendor may offer price decreases in excess
of the allowable percent change.
9.3 Price increase cannot exceed 25% for the total cost and term of the agreement.
EXHIBIT "Alf
3of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
9.4 PROCEDURE TO REQUEST INCREASE OR OFFER DECREASE
9.4.1. Mail the price increase request to the designated City Contract Specialist a minimum of 120 days prior to
each renewal period.
Vendor shall supply supporting documentation as justification for each request to: City of Round Rock,
Purchasing Department, Attn: Ric Bowden, Contract Specialist, 221 E. Main Street, Round Rock, Texas
78664-5299
9.4.2. Upon receipt of the request, the City reserves the right to either accept the escalation as supported by the
appropriate price index and make change to the purchase order within thirty (30) days of the request,
negotiate with the vendor or cancel the purchase order if an agreement cannot be reached on the value of
the increase.
10. ACCEPTANCE: Inspection and acceptance of Services should not take more than five (5) working days from
completion of said Services. The vendor will be notified within this time frame if the Services are in full compliance
with the specifications. If the agreement is canceled for non-acceptance, the Services may be purchased elsewhere
and the vendor may be charged full increase, if any, in cost and handling.
11. ORDER QUANTITY: The quantities shown on the Solicitation form are estimates only. No guarantee of any minimum
or maximum purchase quantity is made or implied. The City will only order the quantity of services needed to fulfill
requirements, which may be more or less than indicated.
12. PROMPT PAYMENT POLICY: Pay rents will be made in accordance with the Texas Prompt Payment Law, Texas
Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the
supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which
the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Vendor
may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the
event:
12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or
equipment delivered or the services performed that causes the payment to be late; or
12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment
with Federal Funds; or
12.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its
suppliers concerning supplies, material, or equipment delivered or the services performed which caused the
payment to be late; or
12.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or
agreement or other such contractual agreement.
13. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues only. It is
understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if
the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as
determined by the City's budget for the fiscal year in question. The City may terminate by not providing a renewal
contract or by providing the Vendor written notice of termination at the end of its then current fiscal year.
14. CANCELLATION: The City reserves the right to cancel the Agreement without penalty by providing 30 days prior
written notice to the Vendor. Vendor shall provide the City with 120 days written notice prior to cancellation of the
Agreement and shall continue services for a period of time not to exceed 120 days after written notification.
Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to
cancellation. NOTE: This Agreement is subject to cancellation, without penalty, at any time the City deems the vendor
to be non-compliant with contractual obligations.
EXHIBIT "A"
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City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
15. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment and/or property, the
workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be
responsible and liable for the safety; injury and health of its working personnel while its employees are performing
service work.
16. ENVIRONMENT: It is the intent of the City to purchase goods and services having the least adverse environmental
impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound
economic considerations. Suggested changes and environmental enhancements for possible inclusion in future
revisions of this specification are encouraged.
17. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may be extended the
opportunity to purchase off of the City's Agreements, with the consent and agreement of the awarded Respondent(s)
and the City. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in a
Respondent's submittal. However, all parties indicate their understanding and hereby expressly agree that the City
is not an agent of, partner to, or representative of those outside agencies or entities and that the City is not obligated
or liable for any action or debts that may arise out of such independently -negotiated "piggyback" procurements.
18. RIGHT TO AUDIT:
18.1. The Respondent agrees that the representatives of the Office of the State Auditor or other authorized
representatives of the City shall have access to, and the rights to audit, examine, or reproduce, and all records
of the Respondent related to the performance under this Agreement. The Respondent shall retail all such
records for a period of three (3) years after final payment on this Agreement or until all audit and litigation
matters that the City has brought to the attention of the Respondent are resolved, whichever is longer. The
Respondent agrees to refund to the City any overpayments disclosed by any such audit.
18.2. Respondent understands that acceptance of funds under this contract acts as acceptance of the authority of
the City to conduct an audit or investigation in connection with those funds. Respondent further agrees to
cooperate fully with the above parties in the conduct of the audit or investigation, including providing all records
requested. Respondent shall ensure that this clause concerning the authority to audit funds received indirectly
by sub -Respondents through the respondent and the requirement to cooperate is included in any subcontract
it awards.
19. TAX EXEMPTION: The City of Round Rock is exempt from all Federal excise, State, and Local taxes unless
otherwise stated in this document. The City claims exemption from all States and/or use taxes under Texas Tax Code
§151.309, as amended. Texas Limited Sales Tax Exemptions Certificates will be furnished upon request.
Respondents shall not charge for said taxes. If billed, City will not remit payment until invoice is corrected.
20. RESPONDENT RESPONSIBILITIES:
20.1. The respondent shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations,
and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the
performance of the contract including, if applicable, workers' compensation laws, minimum and maximum salary
and wage statutes and regulations, and licensing laws and regulations. When required, respondent shall furnish
the City with satisfactory proof of its compliance.
20.2. The Respondent shall fully and timely provide all deliverables described in the Solicitation, Contract/Purchase
Order and in the Respondent's response in strict accordance with the terms, covenants, and conditions of the
Agreement and all applicable Federal, State, and Local laws, rules and regulations.
EXHIBIT "A"
5of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
PART II
SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline:
1.1. Solicitation released November 25, 2015
1.2. Deadline for questions December 2, 2015, 5:00 p.m., C.S.T.
1.3. City responses to all questions or addendums December 3, 2015, 5:00 p.m., C.S.T.
1.4. Deadline for Responses December 10, 2015, 3:00 p.m., C.S.T.
The City reserves the right to modify these dates. Notice of date change will be posted to the City website.
All questions regarding the solicitation shall be submitted in writing by Wednesday, December 2, 2015, at 5:00 p.m.
(CST) to Mike Schurwon, CPPB, CTPM, Purchaser; City of Round Rock by e-
mail: mschurwonO-roundrocktexas.clov on the date noted above. The City shall provide answers to all
questions by Thursday, December 3, 2015, at 5:00 p.m. (CST). The City shall not be responsible for failure of
electronic equipment of operator error.
A copy of all the questions submitted and the City's response to the questions may be posted the City of Round
Rock webpage, http://www.roundrocktexas.clovlbids
2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, Thursday, December 10,
2015, as noted above to the Purchasing Department. Mail or carry sealed responses to:
City of Round Rock
Attn: City Hall — Reception Desk
221 E. Main Street
Round Rock, Texas 78664-5299
Attention: Mike Schurwon - Purchaser
WATER METER BOX ANTI -FLOAT LIDS - "DO NOT OPEN"
IFS No. 16-005
Bid Opening Date: Thursday, December 10, 2015, 3:00 pm
2.1. Responses received after this time and date shall not be considered.
2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, IFB number,
due date and "DO NOT OPEN".
2.3. Facsimile or electronically transmitted responses are not acceptable.
2.4. Late responses will be returned to Respondent unopened if return address is provided.
3. RESPONSE REQUIREMENTS: Respondent shall submit one (1) executed (signed) "Original" and two (2) copies of
the bid response. Completed documentation shall include, at a minimum:
3.1. Itemized and signed solicitation document. Failure to itemize solicitation may result in disqualification.
3.2. ATTACHMENTA: Bid Form
3.3. ATTACHMENT B: Reference sheet that shall include the name, address, active telephone number and valid
e-mail of at least three (3) firms applicable to Municipal and Government projects that have utilized similar
services in the last two (2) years.
3.4. ATTACHMENT C: If addendums have been issued, bidder(s) should complete and return "Attachment C" with
their response. Failure to do so may result in disqualification of bid response.
EXHIBIT " A1� "
6of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
4. POST AWARD MEETING: The City and Respondent may conduct a post award meeting to discuss, but not limited
to the following:
4.1. City contact(s) information for implementation of agreement.
4.2. Agreement terms and conditions.
4.3. Performance Measures
EXHIBIT "All
7of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
PART III
SPECIFICATIONS
1. SCOPE OF WORK: Provide water meter box anti -float lids to be used by the City of Round Rock water line
maintenance. Unit(s) furnished to these specifications shall meet or exceed all requirements describes herein. Single
water meter box anti -float lids shall be used to house and protect various size remote read water meters from damage
due to, but not limited to, ground collapse or traffic through the City's water supply system. Specifications cover only
the general requirements as to the performance and design criteria of the water meter box anti -float lids, as well as
certain details to which the successful respondent shall conform. Respondents shall be responsible for furnishing
equipment that meets or exceeds all of the requirements as set forth herein, as well as provide equipment that is
designated for the intended application.
2. APPROVED PRODUCTS LIST: The water meter box lid listed have been pre -approved for compatibility and
durability. Meter box lid currently pre -approved as outlined as follows:
2.1 Black Polymer Anti Float, AMR/AMI Lid w/Rebar, Pickhole, & Single Knockout
Size: 18-5/8" x 17-7/8"
Height: 1-1/2"
Width: 17"
Length: 18"
MFG: DFW Plastics, Inc., Series 38C, Meter Box Lid, Part #DFW38DW-AF1 EPF1-LID
NOTE: Use with single service for 5/8 x 3/4 Meter
3. FUNCTIONAL REQUIREMENTS: The water meter box lid shall:
3.1 Polymer lid shall be constructed of ANTI -FLOAT polyethylene material
3.2 Polymer lid shall have a molded pick hole pocket (3" x 9/16" x 1-1/4" Deep with 3/16" 304 SS Rod).
3.3 Polymer lid shall have one (9) MOLDED AMR/AMI hole (9.88 x 2.50"), recessed (4-5/8" x 9/4') deep.
3.4 Polymer lid shall have six (6) pieces of 1/2" rebar located in the lid for locate ability and resistance to floating.
3.5 Polymer lid shall have no polymer hook to secure the polymer lid to the concrete meter box.
3.6 Polymer lid shall seat securely and evenly inside and shall not overlap the edge of the concrete meter box.
3.7 Polymer lid shall have molded tread -pattern for skid resistance. Tread dimensions shall be 0.188" x 0.938" x
0.150" deep.
3.8 Polymer lid shall have "Water Meter" molded into the lid — Font shall be Std Facial CNC Font with 1" characters
x 0.150" deep.
3.9 Polymer lid shall be black and have a molded recycled emblem with a minimum of 50% Post Consumer Recycled
and 50% Post Industrial/Pre Consumer Recycle Content — Verified with a LEED product documentation.
4. DIMENSIONS: The water meter box lid shall be rectangular in shape with the following dimensions:
4.1 Black Polymer Anti Float, AMR/AMI Lid w/Rebar, Pickhole, & Single Knockout
Size: 18-5/8" x 17-7/8"
Height: 1-1/2"
Width: 17"
Length: 18"
MFG: DFW Plastics, Inc., Series 38C, Meter Box Lid, Part # DFW38DW-AF1 EPF1-LID
EXHIBIT "A"
8of13
City of Round Rock
Solicitation Number: IFB No. 16-005
Water Meter Box Anti -Float Lids
Class/Item: 890-40
November 2015
5. PROPERTIES: The water meter box lid shall be molded out of modified polyethylene material in accordance with the minimum
ASTM specifications outlined below:
Properties ASTM Test Method Minimum Test Value
Tensile strength @ Yield D638 2300 psi
Ultimate Elongation (%) D638 765
Density D1505 0.932
Flexural Modulus D790 73,000 psi
Deflection Temperature D648 88c @ 66 psi
Melt Index (dg/min.) D1238 Cond. E 5.0
UV Stabilizer Yes NA
NOTES:
1. Polymer lid shall have a molded key hole.
2. Polymer lid shall have a molded slide mount bracket for placement of AMR/AMI device.
3. Meter Box - Vertical and Lateral Load Rating shall be compliant with the following:
a. AASHTO, Design Load of H-10; ASTM C857 -12a, Design Load A-8, 8,000lbs, transferred through a 10"x 10" steel plated
centered in the cover and body.
b. AASHTO, Design Load of H-20; ASTM C857 -12a, Design Load of A-16, 16,000lbs. transferred through a 10" x 20" steel
plate centered on the cover and body.
6. AUTHORIZED CONTACT:
6.1. Upon award of a contract, the City hereby designates the following representative(s) authorized to act in its
behalf with regard to all purchases of water meter box lids (anti -float) for the City of Round Rock — Utilities
and Environmental Services upon award as follows:
Mr. Rick Whisenant
Utility Inventory Specialist
City of Round Rock
Utilities and Environmental Services
910 Luther Peterson Place
Round Rock, TX 78665
EXHIBIT "A"
9of13
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34416
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-6179
Nicor, Inc
Dripping Springs, TX United States
Date Filed:
01/27/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Round Rock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
16-005
water meter box anti -float lids
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Nicor, Inc
Dripping Springs, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
AFFIDAVIT _ I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
ANNIE M. MANN
�= Notary Public, State of Texas
- My Commission Expires
03, 2019
August
Signature of authorized agent of
contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said�� C� ¢' this the
27f�t day of
20to certify which, witness my hand and seal of office.
eidw M,
42L�L
1/1
Sign tur of officer administering oath Printed name of officer administering oath
Title of icer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34416
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34416
CERTIFICATE OF INTERESTED PARTIES
FORM 1Z9rJ
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-6179
Date Filed:
01/27/2016
Date Acknowledged:
02/03/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Nicor, Inc
Dripping Springs, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Round Rock
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
16-005
water meter box anti -float lids
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Nicor, Inc
Dripping Springs, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34416