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CM-12-10-225
Item Caption: CAA -12 "i0-225 RECEIVED OCT 2 4101 City Manager Approval Form Consider executing agreement for rental of fitness equipment for the Baca Center with Promaxima Manufacturing, Ltd. Approval Date: October 26, 2012 Department Name: Parks and Recreation Department Project Manager: Cory Styron, Assistant Director Assigned Attorney: J.Kay Gayle Item Summary: This agreement provides for rental of fitness equipment for the Baca Center. The current equipment is the original equipment purchased when the Baca Center opened in 2006. This agreement includes equipment rental and service for the term of the agreement. The request for proposal was sent out following Purchasing Department guidelines and three (3) vendors responded with a total of six (6) proposals returned. The proposal review was facilitated by the Purchasing Department. The review panel, using the best value methodology, proposed this agreement which was felt to best fit the City needs. The program supports the High Priority Goal -Maintain and enhance public confidence in City Government by ensuring a strong employee base, open external and internal communication, and providing a high level of customer service. No. of Originals Submitted: Project Name: Cost: Source of Funds: 2 Rental agreement for fitness equipment at Baca Center $48,678 General Fund Source of Funds (if applicable): General Fund Account Number: Finance Director Approval: 5213-100-23004 Department Director Approval: ry Date: 10/24/12 I0' **Electronic signature by the Director is- cceptable. Please only submit CIP n n Budget N/A OK Ell N/A OK Date: n'J`iLot ONE approval form per item.** Purchasing n n N/A OK Accounting n El N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 CITY OF ROUND ROCK AGREEMENT FOR RENTAL OF FITNESS EQUIPMENT FROM PROMAXIMA MANUFACTURING, LTD. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: This Agreement is for rental of fitness equipment for City of Round Rock Parks and Recreation Department's Alan R. Baca Center, referred to herein as the "BACA Center," and for related goods and services including delivery, installation, removal of and credit for existing equipment, maintenance and warranty coverage, and is referred to herein as the "Agreement." This Agreement is made and entered into on this the 2.04X day of the month of b o 0-e r , 2012, 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 PROMAXIMA MANUFACTURING, LTD., whose offices are located at 5310 Ashbrook, Houston, Texas 77081, referred to herein as "Promaxima" or the "Vendor." This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to rent fitness equipment for the BACA Center, and to purchase associated services including but not limited to removal of and credit for existing equipment, and delivery, installation, maintenance and warranty coverage for new equipment, and City desires to obtain same from Vendor; and WHEREAS, City has issued its "Request for Proposal" for the provision of said goods and services, and City has selected the proposal 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: 260130/jkg 12 kj _ 2 ZS 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to obtain specified goods and Vendor is obligated to provide specified goods. The Agreement includes the following: (a) City's Request for Proposal designated as Solicitation Number 12-038, Specification Number 12-805-57 dated August 2012; (b) Vendor's Response dated August 21, 2012, incorporating Proposal #2 and Addendum to Bid dated September 19, 2012; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: 1. This Agreement, and all exhibits attached thereto; 2. Vendor's Response, incorporating Proposal #2; 3. City's Request for Proposals, addenda, 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. Equipment means the description of goods per Promaxima Quote #0115827 and Quote #0117516. Upon installation of Equipment, Vendor shall give notice to City of all serial numbers registered by Vendor with manufacturer(s). E. Goods mean the specified supplies, materials, commodities, or equipment. F. Vendor means Promaxima Manufacturing, Ltd., any parent companies associated therewith, or any successors or assigns. 2.01 EFFECTIVE DATE; INITIAL TERM; 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 rental term of this Agreement is for five (5) years from the effective date hereof. After that initial term this Agreement may be renewed for two (2) additional periods not to exceed one (1) year each, with any such renewal to occur on or before the expiration date of the preceding term, and with any such renewal 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. C. Prices shall be firm for the duration of this Agreement and for any renewal periods, and no price increases or decreases shall be permitted. No separate line item charges 2 shall be permitted for invoicing purposes, including but not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other extraneous charges. D. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue, subject to termination provisions in Section 22.01 of this Agreement. 3.01 CONTRACT DOCUMENTS AND EXHIBITS A. City selected Vendor as the integrator of choice to supply the goods and services as outlined in City's Request for Proposal designated as Solicitation Number 12-038, Specification Number 12-805-57 dated August 2012; and Vendor's Response dated August 21, 2012, incorporating Proposal #2, 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 RFP and as offered by Vendor in its Response. B. The goods and services which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AND EQUIPMENT A. All items and equipment listed in Proposal #2 shall be rented by Vendor to City. 5.01 COSTS A. The following shall be the basis of any rental charges collected by Vendor. 1. The Total Rental amount for the entire five-year term is $48,678.00; 2. The "Monthly Payment" amount is 60 monthly payments of $811.30 each (including applicable trade-in value of existing equipment of $5,300.00). 6.01 INVOICES A. All invoices shall include, at a minimum, the following information: 1. Name and address of Vendor; 2. Purchase Order Number; 3. Description and quantity of items received; and 4. Delivery dates. 3 7.01 DELIVERY OF EQUIPMENT A. Vendor shall timely deliver, at Vendor's own expense and risk, the Equipment to its designated location in City. Vendor expressly agrees that it will pick up City's existing equipment (used for trade-in value) on November 15-16, 2012 during normal business hours, and deliver and install all new equipment on November 19-21, 2012 during normal business hours. 8.01 USE OF EQUIPMENT A. City shall use the' Equipment in a commercially reasonable manner, and shall comply with all manufacturer's requirements furnished to City by Vendor and/or manufacturer(s) regarding the Equipment, and City shall comply with any applicable law (whether local, state or federal) regarding use of the Equipment including but not limited to environmental and copyright law. B. City shall use the Equipment for the purpose for which said Equipment was designed, and not for any other purpose. C. Unless City obtains the prior written consent of Vendor, City shall not alter, modify or attach anything to the Equipment, unless such alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment. 9.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING A. 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. B. 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. 10.01 NON -APPROPRIATION AND FISCAL FUNDING A. 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 4 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. 11.01 PAYMENT; PROMPT PAYMENT POLICY A. Payment. Payment is due from City in 60 equal monthly payments of $811.30 each in accordance with the schedule delineated herein in Section 5.01 A.2 (including applicable trade-in value of existing equipment of $5,300.00). Payment shall be made in accordance with the Texas Prompt Payment Act recited in this Section 11.01B. B. Prompt Payment Act. 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: 1. There is a bona fide dispute between City and Vendor, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or 2. 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 3. The teens of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 4. The invoice is not nailed to City in strict accordance with any instruction on the purchase order relating to the payment. 12.01 GRATUITIES AND BRIBES A. City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 13.01 TAXES A. City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 14.01 REPAIR OBLIGATIONS; WARRANTY A. Repair Obligations. Vendor shall, at Vendor's sole expense during any warranty period, keep the rental equipment in good repair according to manufacturer's warranty terms, normal wear and tear excepted. Vendor shall supply all parts that are necessary to keep the rental equipment in good working order. The following are not considered to be "normal wear and tear": abuse or misuse of equipment outside of the manufacturer's original design intent; neglect, such as failing to properly clean sweat from frames which then results in rusting of metal surfaces. B. Vendor shall respond to City for any and all repairs within 24-72 hours from email service request/work request from City. Such response shall be from an approved warranty service provider, and shall be onsite service responsive to warranty request, and shall be delivered within a strict 24-72 hour timeframe from notification by City. City shall submit all requests for warranty work in writing via email to the following: Brian Clayton at. BrianO,promaxima.com or by phone to Brian Clayton at 1-800-231-6652, extension 113. C. All work shall be satisfactorily completed by Vendor or Vendor's designee at Vendor's expense. All repair work will, by terms of this Agreement, be provided at no additional cost to City. The parties expressly agree that this is to include ALL related repair costs including but not limited to travel, lodging, meals, and the like. D. Warranty. Vendor warrants and guarantees that all rental equipment will be in new working order and new condition upon delivery. The rental equipment is warranted as being of merchantable quality and is further warranted as being fit for use for the following purpose: use in a public fitness area. 15.01 OWNERSHIP; RIGHT TO RENT; QUIET ENJOYMENT A. Vendor warrants that City shall have the right to rent, without owning, the Equipment according to the terms of this Agreement. B. Vendor warrants that, so long as no legal default has occurred of this Agreement, Vendor shall not disturb City's quiet and peaceful possession of the Equipment, and warrants City's unrestricted use of the Equipment for the purposes for which the Equipment was designed. 16.01 SURRENDER OF EQUIPMENT A. At the end of the term of this Agreement, City shall make the Equipment available for pick-up, and Vendor shall arrange at its sole cost and expense to pick up such Equipment. 6 17.01 INSURANCE A. Vendor shall meet all requirements as stated in the attached RFP (including Attachment A entitled "City of Round Rock Insurance Requirements" and all attachments and exhibits); and its proposal response. B. City shall provide proof of insurance to Vendor and will abide by all applicable local, state and federal laws pertaining thereto. 18.01 CITY'S REPRESENTATIVE A. City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Cory Styron Assistant Director, PARD 301 West Bagdad Avenue, Suite 250 Round Rock, TX 78664 19.01 RIGHT TO ASSURANCE A. 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. 20.01 DEFAULT A. Either party shall be declared in default of this Agreement if it does any of the following: 1. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement, including payment obligations; 2. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; 3. Becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for bankruptcy, or has bankruptcy proceedings instituted against it, under the federal bankruptcy laws of the United States or other competent jurisdictions; 4. A writ of attachment or writ of execution is levied on the Equipment, and same is not satisfied or released within 10 days. 7 B. Upon the occurrence of default by City, Vendor shall be entitled to pursue any one or more of the following remedies for default: 1. Declare the entire amount of rent to be immediately due and payable, without further notice or demand; 2. Commence legal proceedings to recover rent and other legal obligations accrued before and after the event of default. C. Upon the occurrence of breach, default or non -solvency by Vendor during the term of this Agreement, City shall be entitled to notice of such in writing, and City may pursue any one or more of the following remedies for default: 1. Purchase of balance of rent agreement, and transfer of ownership of Equipment from Vendor to City. 2. Any remedy available at law or in equity. 21.01 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 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. 22.01 INDEMNIFICATION A. 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 8 Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 23.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. 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. 24.01 ASSIGNMENT AND DELEGATION A. 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. B. VENDOR SHALL NOT ASSIGN THIS AGREEMENT, VENDOR'S INTEREST IN THIS AGREEMENT, OR VENDOR'S INTEREST IN THE EQUIPMENT COVERED HEREUNDER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF CITY, AND VENDOR SHALL NOT ASSIGN OR TRANSFER VENDOR'S RIGHT TO COLLECT RENT OR ANY OTHER FINANCIAL OBLIGATION OF CITY. 25.01 NOTICES A. 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: Promaxima Manufacturing, Ltd. 5310 Ashbrook Houston, TX 77081 Notice to City: Steve Norwood, City Manager 221 East Main Street Round Rock, TX 78664 Stephan L. Sheets, City Attorney AND TO: 309 East Main Street Round Rock, TX 78664 9 B. Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 26.01 APPLICABLE LAW; ENFORCEMENT AND VENUE A. 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. 27.01 EXCLUSIVE AGREEMENT A. 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. 28.01 DISPUTE RESOLUTION A. 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. 29.01 SEVERABILITY A. 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. 30.01 MISCELLANEOUS PROVISIONS A. 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. B. 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 10 agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. C. 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. D. Binding Agreement. This Agreement shall extend to and be binding upon and inure to the benefit of the parties' respective heirs, executors, administrators, successors and assigns. E. 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 Name: .j Title: Ci -h3 Date Signed: /Qlc=. For City, Attest: 11 Promaxima Manufacturing, Ltd. By: Printed Title: Date Sign i For City, • proved as t i Form: By: Stepha L. Sheets, City Attorne CITY ROUND ROCK TEXAS BID #2038 DUE AUGUST 21, 2012 @ 11:00 AM 5310 Ashbrook Houston. TX 77081 800.231.6652 X.113 ph: 713-667-9606 f:713-667-9941 EXHIBIT ti An CITY ROUND ROCK TEXAS SID #92-038 TAB 1a LH TER 0F' TRANSMTTAL 5310 Ashbrook Houston TX 77081 800.231.6652 X.113 ph: 713-667-9606 f:713-667-9941 5310 Ashbrook Houston, TX 77081 1-800-231-6652 ext 113. www.promaxima.com August 17, 2012 Joy Baggett Purchasing Department City of Round Rock 221 East Main Ave Round Rock, TX 78664 RE: PROMAXIMA STRENGTH & CONDITIONING BACA CENTER FITNESS EQUIPMENT RENTAL BID 12-038 Dear Ms, Baggett, l'd like to take this opportunity to introduce to the benefits of partnering with Promaxima Strength and Conditioning. We are looking for permission to participate in Bid #12-038 and are looking to provide the City with bids for the equipment rental and trade-in equipment. We introduce ourselves as a solution for your fitness equipment needs. Promaxima Fitness is a forty year old fitness equipment manufacturer with over 128 years of experience! We have our own fleet of delivery trucks with factory trained drivers to install the equipment. We offer full commercial fitness equipment at Factory Direct Pricing! Our Product line stands alone as the best value in the fitness industry and all of our products maintain industry leading warranties. We supply a tremendous amount of equipment to Universities nationwide. Promaxima equals or surpasses each and every fitness manufacturer that you have listed in your current bid. The following information will clearly show you the benefits of partnering with Promaxima: CARDIO & ACCESSORIES: Promaxima manufactures multiple lines of cardio equipment including treadmills, ellipticals, recumbent and upright bikes, rowers, and more. Our product warranty is second to none and we have our own in-house service department to handle any issue that may arise. Our products are full commercial units that can be currently found in fitness centers all over the world. We supply universities, government facilities, high-end clubs, high schools, gyms and more. Promaxima is equal to Cybex, Free Motion, Life Fitness, Magnum, Matrix, Paramount, Precor, Star Trac, Technogym and Stairmaster. SELECTORIZED STRENGTH EQUIPMENT: Promaxima manufactures four lines of selectorized equipment, and surpasses each of the vendors listed in the quality of our machines. We have something for everyone at a price point for each client. We manufacture each piece individually in our Houston warehouse and import nothing from overseas. We use the highest quality steel, cables and upholstery on each piece of equipment. Again, our warranty is second to none, and we also carry a line for the disabled and a line of youth equipment. Promaxima is equal to Cybex, Body Solid, HOIST, Power -Lift, Life Fitness, Magnum, Matrix, Paramount, Precor, and Star Trac. FREE WEIGHT STRENGTH EQUIPMENT: Promaxima manufactures twenty-eight full commercial power racks, and again surpasses each of the vendors listed in the quality of our machines. We carry over 400 additional pieces of free weight equipment. We have bench's, squat racks, leg machines, unilateral pieces, dumbbells, plates, bars, and more! We can supply any facility with every piece of equipment requested. We again have something for everyone at every price point and manufacture everything on site to keep the pricing low. We have a multi-million dollar laser cutter, powder coater and paint all equipment in standard black, grey or white. Promaxima is equal to Cybex, Body Solid, HOIST, Power -Lift, Life Fitness, Magnum, Matrix, Paramount, Precor, and Star Trac. DUMBBELLS & BARBELLS EQUIPMENT: Promaxima carries cast iron, rubber and urethane dumbbells and barbells, as well as the multiple racks available to complement them. Promaxima is equal to Cybex, Body Solid, HOIST, Power -Lift, Life Fitness, Magnum, Matrix, Paramount, Precor, Iron grip, Ivanko, Tag, York and Star Trac. WEIGHT PLATES: Promaxima carries cast iron, tri -grip rubber, and urethane plates. We also carry black and colored bumper plates and the weight trees and other racks to accommodate the plates. Promaxima is equal to Cybex, Body Solid, HOIST, Power -Lift, Life Fitness, Magnum, Matrix, Paramount, Precor, Iron grip, Ivanko, Tag, York and Star Trac. STRENGTH ACCESSORIES: Promaxima carries kettle bells, collars, cable attachments, weight belts, plyometric boxes, bars, jump ropes, and any other accessory that a facility would need. Promaxima is equal to Cybex, Body Solid, HOIST, Power -Lift, Life Fitness, Magnum, Matrix, Paramount, Precor, Iron grip, Ivanko, Tag, York and Star Trac. If you have any questions or need anything, please feel free to contact me! Brian Clayton Sales Brian cc.Promaxima,coni CITY ROUND ROCK TEXAS BID #I2-038 TAB #2: TABLE OF CONTENTS op 5310 Ashbrook Houston TX 77081 800.231.6652 X.113 ph: 713-667-9606 f:713-667-9941 CITY OF ROUND ROCK BID #12-038 ABLE OF CONTENTS: TAB #1: LETTER QF TA #2: Tt', LE OF C RANSMITTAL NITA'S TAB #3: REFERENCES TAB #4: PROMAXIMA BUSINESS HISTORY TAB #5: DELIVERY TAB #6: FLOOR PL TA TA TA 11) pl Iw INSTALL PLAN N PROPOSAL #7: PROMAXIMA PRICE PROPOSAL(S) #8: MAINTENANCE PR POSL * #9: "PIGGY -BAC (" PURCHASING CITY ROUND ROCK TEXAS BID #12-038 TAB #3: Rr.FFRENCFS 4;24-41 .911A14 5310 Ashbrook Houston TX 77081 800.231.6652 X.113 ph: 713-667-9606 f:713-667-9941 5310Ashbrook Houston, TX 77081 1-800-231-6652 ext 113. www,promaximacom PROMAXIMA MANUFACTURING CITY OF ROUND ROCK TEXAS REFE Il'JNC 11-4JS: COMPANY: CONTACT PERSON: CITY OF BOWIE, MARYLAND CHIEF NESKY (301) 575-2482 UNIVERSITY OF MASSACHUSETTS BOB OTRANDO (413) 545-4760 CITY OF PORT ST. LUCIE JASON BARELA (772) 204-7105 HALL COUNTY/COMMISSIONERS TAMMY GRIER (770) 535-8270 WAYLAND BAPTIST UNIVERSITY DR. FERRIS (806) 292-4771 CITY ROUND ROCK TEXAS BID #12-038 TAB #4: PROMAXIMA HISTORY ' 5310 Ashbrook Houston TX 77081 800.231.6652 X.113 ph: 713-667-9606 f:713-667-9941 August 17, 2012 CITY OF ROUND ROCK BID 12-038 Dear Ms. Baggett, In response to your correspondence, Promaxima is happy participate in BID #12-038. My name is Brian Clayton and I would like to take this time to introduce your facility to the benefits of partnering with Promaxima Strength and Conditioning. We want to introduce ourselves as the solution for your fitness equipment needs. We offer full commercial fitness equipment at the best price! Our Product line stands alone as the best value in the fitness industry and all of our products are backed by industry leading warranties. We are preferred vendors for Choice International, Best Western, intercontinental Hotels, etc... Additionally, we are the largest supplier of fitness equipment to high school athletic departments in North America. Company Profile ProMaxima Fitness, is a leader in designing and manufacturing a full line of reliable, high-quality fitness equipment for commercial and consumer use. ProMaxima Fitness is the largest provider of commercial fitness equipment in Northern America, Promaxima Fitness is a forty year old company with over 128 years of experience on staff to provide and design your facility so it is efficient and easy-to-use. Business Strategy ProMaxima Fitness designs and manufactures fitness equipment for both commercial and consumer use. Our strategy is to be a full — line provider, offering our customers a complete line of cardiovascular and strength training products to meet their fitness equipment needs. This enables us to be more of a consultative, full-service vendor providing total solutions for our customers.ln the commercial market place, acquiring top brands in key product categories is an important part of ProMaxima Fitness business strategy to be a full -line provider of fitness equipment. ProMaxima's partnership with Stex Fitness Products the market leader in commercial cardiovascular fitness equipment, with 1SO 9001 and 9002 certification, the international standard for quality. Stex uses Munich -based TUV Product Services, the same registrar that audits Mercedes Benz, BMW, and Porsche for quality standards. We also offer GSA government accounts! Product Philosophy RELIABILITY is key to ProMaxima Fitness products'. ProMaxima Fitness is committed to lasting quality that protects the customer's investment by minimizing down time and maintenance costs. Built with the most durable, functional components available, every piece of ProMaxima Fitness equipment is put through the industry's most strenuous tests: all cardiovascular products are tested for at least twice their warranty. Quality assurance personnel randomly pull and meticulously audit at least 3000 products from production lines each year. Testing results in 99.9 percent out -of -box reliability. Customer Support ProMaxima Fitness has established a national network of service technicians Throughout North America to install, repair, and provide customer assistance when needed. Also, an in house service department to help trouble shoot all its products over our 1- 800 toll free line, which helps to minimize equipment down time by promptly shipping the right replacement parts. Commercial Products ProMaxima Fitness / Stex treadmills ProMaxima Fitness / Stex bikes (recumbent and up right) ProMaxima Fitness 1 Stex cross -trainers ProMaxiam Fitness Multi -gym systems ( selectorized) ProMaxima Fitness Single strength systems ( RAPTOR) ProMaxima Fitness Combination units ( selectorized ) ProMaxima Fitness Power Line ( plate loaded leverage single units) ProMaxima Fitness KID'S TUFF ( training systems for youths 8-14 years old) ProMaxima Fitness Free weight systems ProMaxima Fitness equipment is engineered to accommodate every exercise, from the deconditioned individual to the advanced user. The company's design and engineer staff works to ensure small and Targe exercise facilities fit comfortably for optimal workout and meet all fitness goal and needs. Step-by-step instructions appear on all ProMaxima Fitness products to ensure the user a quick, efficient, easy to do workout. if you have any questions or need anything, please feel free to contact me at 1-800-231-6652 ext 113. Sincerely, Brian M. Clayton Promaxima CITY ROUND ROCK TEXAS BID #I2-038 TAB #5: DELIVERY 8 NSTALI PLAN OVA 5310 Ashbrook Houston TX 77081 800.231.6652 X.113 ph: 713-667-9606 f:713-667-9941 August 17, 2012 CITY OF ROUND ROCK BID 12-038 Dear Ms. Baggett, In response to your correspondence, Promaxima is happy participate in BID #12-038. 1: Our shipping is based solely on the total weight, and quantities of the products 2: We use UPS for small shipments 3: For single large unit orders, they will ship on common carrier 4: For LARGE volume orders such as this bid, we ship the equipment on our own trucks, and our factory trained drivers/installers will complete the installation. Sincerely, ( Brian M. Clayton Pro maxima CITY ROUND ROCK TEXAS BID #12-038 TAB #6: PROPORSF,D ELOOR PLAN 5310 Ashbrook Houston TX 77081 800.231.6652 X.113 ph: 713-667-9606 f:713-667-9941 • Carr) j=11 C1C=1 • OT9-41.1 orl-ww dh CENVIS SINN u I )17V2I sa evo L .6£ ACA CENTER-FITNESS ROO'H TAB CITY ROUND ROCK TEXAS =L. BID -12038 7: PROMAXIMA COS - - • • • I I • • 4 p1• • V • r • t t • • • • • t $1.11 .tpt •• 4 - - PROPOSAL • 5310 Ashbrook Houston TX 77081 800.231.6652 X.113 ph: 713-667-9606 f:713-667-9941 CITY OF ROUND ROCK PROPOSAL #2 DUE AUGUST 2E, 2012 @ 3:00 PMI 5310 Ashbrook Houston TX 77081 800.231.6652 X.113 ph: 713-667-9606 f:713-667-9941 Promaxima Manufacturing, L'.l'D 5310 Ashbrook Houston, TX 77081 (800) 231-6652 Fax: (713) 667-y941 QUOTE TO: CITY OF ROUND ROCK ATTN: JOY BAGGETT 221 E. MAIN STREET Round Rock, TX 78664 ATTN: JOY BAGGETT Phone: (512) 218-6682 Fax: QUOTE QUOTE NUMBER: 0115827 QUOTE DATE: 8/17/2012 EXPIRATION DATE: 12/31/.;;: CUSTOMER NO: 00-CI78664 SHIP TO: CITY OF ROUND ROCK ATTN: JOY BAGGETT 221 E. MAIN STREET Round Rock, TX 78664 DELIVERY INFO: JBAGGETT@ROUND-ROCK.TX.US SALESPERSON: Brian Clayton Page: 1 CUSTOMER P.O. SHIP VIA F.O.B. TERMS Due on Delivery REQD QUANTITY ITEM NO. DROP SHIP? DESCRIPTION UNIT PRICE AMOUNT 5 CV-CT800 3 CV-CE800 2 CV-CR800 BID #12-038 DUE 8-21-12 @ 3PM (OPTION #2) CARDIOVASCULAR EQUIPMENT CT800 Commercial Treadmill Dual Console Cooling fans,Large Blue -LED Matrix Window w/20 -Character Message Center, and 4 Separate LED Windows, w/ Integrated Reading Rack,Contact & Telemetric Heart Rate,.5 to 12 mph,0 to 15% Incline, 3.0 hp DC Drive Motor w/Grade H Insulation,1" Phenolic, Reversible, Double -Sided, Wax-Coated,22" x 60", Habasit© Commercial, Multi -Ply Commercial Belt,6 Cushion Sysytem 84" x 35" x 57" ,4501bs Capcity, Warranty Lifetime Frame, 5 Years Parts, 2 Years Labor CE800 Commercial Elliptical Large Blue -LED matrix Window w/ 20 -Character Message Center w/ Integrated Reading Rack,Time, Resistance Level, Distance, Calories, RPM, Program Name, Watts, METs, Laps, Speed, and Heart Rate,40 Levels Resistance, 78" x 28 x 67", 450 lbs. Capcity Warranty Lifetime Frame, 5 Years Parts, 2 Years Labor CR800 Commercial Recumbent Cycle Large Blue -LED Matrix Window w/ 20 -Character Message Center, w/ Integrated Reading Rack,Contact & Telemetric Heart Rate, 40 Levels of Resistance,Poly-V Belt w/Self-Tensioner,Self-Generating, Stop Thru Frame Design , Lumbar Support Back Pad, 3 -Piece Crank, Cold -Forged Steel, Case -Hardened Axle & Commercial -Grade Sealed Bearings Heavy -Gauge High -Strength Steel w/ Durable Powder -Coat Paint 42" x 21" x 53", 450 lbs. Capcity Warranty: Lifetime Frame, 5 years Parts, 2 Years Labor PROMAXTMA "RAZOR" LINE RA -14 Razor Dual Leg Extension / Seated Leg Curl 150 lb. Weight Stack 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CONTINUED Promaxima Manufacturing, LTD 5310 Ashbrook Houston, TX 77081 (800) 231-6652 Fax: (713) 667-9941 QUOTE TO; CITY OF ROUND ROCK ATTN: JOY BAGGETT 221 E. MAIN STREET Round Rock, TX 78664 ATTN: JOY BAGGETT Phone: (512) 218-6682 Fax: QUOTE QUOTE NUMBER: 0115827 QUOTE DATE: 8/17/2012 EXPIRATION DATE: 12/31/5999 CUSTOMER NO: 00-CI78664 SHIP TO: CITY OF ROUND ROCK ATTN: JOY BAGGETT 221 E. MAIN STREET Round Rock, TX 78664 DELIVERY INFO: JBAGGETT@ROUND-ROCK.TX.US SALESPERSON: Brian Clayton Page: 2 CUSTOMER P.O. SHIP VIA F.O.B. TERMS Due on Delivery QUANTITY REQD ITEM NO. DROP SHIP? DESCRIPTION UNIT PRICE AMOUNT 1 1 RA -15 Razor Combo HI Lat Pull / Seated Mid Row 225 Ib. Weight Stack RA -11 Razer Seated Leg Press with 3001b Weight Stack RA -12 Razor Combo Chest Press, Incline Press. Shoulder Press 225 lb. Weight Stack RA -16 Razor Abdominal And Back Extension, 150 1b. Weight Stack EQUIPMENT REPLACEMENT LIST/TRADE IN VALUES: (5) LIFE FITNESS TREADMILLS (2) LIFE FITNESS RECUMBENT BIKES (3) LIFE FITNESS ELLIPTICALS (1) LEG CURL/EXTENSION (1) LEG PRESS/CALF RAISE (1) LAT PULL/LOW ROW (1) MULTI-LEVEL CHEST (1) AB/BACK Freight & Install INCLUDED PROMAXIMA OPTION #2: INCLUDES: QUARTERLY MAINTENANCE PACKAGE THAT COVERS ALL SERVICE AND WARRANTY FOR 60 MONTHS ESTIMATED MONTHLY PAYMENTS FOR 60 MONTHS:4693. 11, 3o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -5,300.00 -5,300.00 0.oa 40,769.00 40,769.00. 0.00 0.00 Net Order: 35,469.00 Sales Tax: 0.00 Order Total: 35,469.00 # 41,510."' Promaxima Manufacturing, LTD 5310 Ashbrook Houston, TX 77081 (800) 231-6652 Fax: (713) 667-9941 QUOTE TO: CITY OF ROUND ROCK ATTN: JOY BAGGETT 221 E. MAIN STREET Round Rock, TX 78664 ATTN: JOY BAGGETT Phone: (512) 218-6682 Fax: QUOTE ' QUOTE NUMBER: 0117516 QUOTE DATE: 9/19/2012 EXPIRATION DATE: 12/31/5999 CUSTOMER NO: 00-C178664 SHIP TO: CITY OF ROUND ROCK ATTN: JOY BAGGETT 221 E. MAIN STREET Round Rock, TX 78664 DELIVERY INFO: JBAGGETT rt ROUND-ROCK.TX.US SALESPERSON: Brian Clayton Page: I CUSTOMER P.O. SHIP VIA F.O.B. TERMS Due on Delivery QUANTITY ITEM NO. DESCRIPTION REQD DROP SHIP? UNIT PRICE AMOUNT BID #12-038 ADDENDUM TO ORIGINAL BID 1 CV-CU800 CUS00 Commercial Upright Cycle 0.00 0.00 Large Blue -LED Matrix Window w/ 20 -Character Message Center, w/ Integrated Reading Rack,Contact & Telemetric Heart Rate, 40 Levels of Resistance,Poly-V Belt w/Self-Tensioncr,Sclf-Generating, Stop Thru Frame Design, Lumbar Support Back Pad, 3 -Piece Crank, Cold -Forged Steel, Case -Hardened Axle & Commercial -Grade Scaled Bearings I-teavy-Gauge High -Strength Steel w/ Durable Powder -Coat Paint 42" x 21" x 53", 450 lbs. Capcity Warranty: Lifetime France, 5 years Pa rts, 2 Years Labor CV-PHYSIOM PhysionMax'rotal Body Trainer: Independent Action Between Arms 0.00 0.00 and Legs, Convenient Easy Step Through Frame, Removeable Scat For Wheelchair Accessibility- Ada Compliant. Variable Ann Postions With A Full Range From Sitting And Standing, Bi -Directional M ovement With Variable Levels Of Resistance And Programs, UPRIGHT BIKE AND UPPER BODY ERGOMETER 7,098.00 7,098.00 1 INCLUDES: QUARTERLY MAINTENANCE PACKAGE THAT 0.00 0.00 COVERS ALL SERVICE AND WARRANTY FOR 60 MONTHS FREIGHT & INSTALL INCLUDED Net Order: Sales Tax: 7,098.00 0.00 Order Total: 7,098.00 4 ki • 1 '` • 14.01.1A '11 .44 411.1-14ft ? CT800 Commercial Treadmill CT800 Display Specifications: • D4a1Conole Cooling fans 4 Large fAltie4:ECF Ntatrix Window w/20 Character Met;stg47 Pter • 4 separate LED INinclows • Integrated Reading 41:14 • Co rttzct &Telemetric Heart itato • 5 to 12. mph O% to E5% Incline Heavy Duty 3 hp. Cumin itcpul; Commercial Motor 1" Reversible, Double -S tried Vilam,7Coated Phenolic Deck • 22"x Commerciat ritlillling Balt • Cushion Ded 5y -tem 4 01" aS"x $2' . 450 116. fto pa city + Warranty - Lifetime on Prattle. Yeao on -Parts, 2 Veil t:;cm Lab r • Deditored 1 I 0V 20 Amp lervfce CT800 Commercial Treadmill 800-231-6652 www.promaximaocom 1 713-667-9606 I t r CEBU) Eptical Trainer CE800 Display Specificfitions: Latge Bitee.LET)Matrik lAtiodow 1.cfria- c ter Meige center • lotrigiatert HeadirigRack • 4t1 Levels of Besi5to nce ▪ Gent.rq‘ator P,vered Console iturho COON Fah • Cotd-FOrged 1,qteel Crise-l-lardened • Cc_oornercial Grade Steel Hearings • licatiry Gauge High Strength Steel wiDur-abl Poviidet-Coat. Paint ▪ Contact Eleart Hate • 2G" 67' 450 IL) CBpac0 • Ilarranty — Lifetime on Frame, 5 Years COI Part, 2 Years on Labor CE800 Elliptical Trainer 800-231-6652 1 www.promaxima.com J 7113-667-96OG • _ _ _ • _ LT t 73, CR800 RECUMBENT BIKE CR800 Display Specificatiorist . Large Blue -LEP VOW WInclu'ilY vil.barauter 10(35s age enter • 111te gra tecl le cling !lac k * Tel Heart Bate • Lew:,t fiesistanCe . Pa.(y41 Belt wi5ell-Tensjon& • nerator Powered Lon5ole • Turbo -Cooling Fan • 3 Piece CI:gni.; c-91(1-Ftirged Steel • Clerriened Axle • Commercial to -rade Steel flearings • kleaNy Gauge, High Sb -e nut h w/Duroble Powder -Coat Paint • Dimensions:Sru.3Qy, 51" • 450 lb CaOacliy • kiVarranty -1:142;Ime ort Frame, Years on Parts. 2 Year5 on Labor CR800 Recumbent Bike 800-231-6652 I www.promaxima.com 713-667-9606 Built wIthi thc same High qualiry craftsman5hip you've coni e to expect from a company 40 yas strorig, our' New i'.azor line ;NAT give your racirity the competitive edge it needs for the future,. E nsi So, %V !A»1 Latar OcY_It flotachITI e PA- 1 I Leg Pr.e-s5 Nat5owi 800-231-6652 www.promaXI ma.goin, .713.-667-960,6 5310 Ashbrook Dr. Houston, TX 77081 800-231-6652 713-667-9941 fax WARRANTIES THE BST IN THE IN®USTRY o FRAMES AND WELDS (Lifetime) o WEIGHT STACK PLATES (Lifetime) o PILLOW BLOCK BEARINGS (10 years) • LINEAR BEARINGS, CAMS, GUIDE RODS, BUSHINGS & PULLEYS (5 years) • CABLES (2 years) o UPHOLSTERY (1 year) Standard Series Features 1) Instructional Guide 2) 5 lb Weight Kit 3) Cab[e System 4) Weight Stack 5) Range -of -Motion 6) Friction -Free Bearings 7) Cam 8) Pulley Wheel •••• i) th tk,nt.Guida Ituttt witiPt Ode char Li used 14 infoi-rn co rreit wage for vie machine AkOn8 V•itti -anatomical 45illig1114 511r.iwwhkh sraup fire being Werked 7') ti lb Weight Kit Weii ;system a.tioWS user &1 frierease-re 5),b hire - 3) Cable Sys teal 114" 'hid, -111P.mh mititary 'Spec gaii.t • and oit!irnpi eanated ir anti, cablo, firAhed vAli thick nylars totirig, Manual Tension AdjiistiM for cebte 4) Weight Stack VitaighflilnitIOS are nd- jUstediAitiftitherdF rnogriette 5e1;octor pin ' xhat LicteilOsflllfh the entlrol6vOght statk. 5) rtange-of-Motion Et Limiter AlfOtkis exact al.lianntiga for starting and gilding rrosi- 1,Inns 9r any az iditte, which is hiir fen propel' tilorni:;cf 1.;11;cf, arid fehf.ibilitainn work. 6.) FriCtiorl-Free Bealifigs Pivot points k:5u tkiLit)le7 se-aled Rolint Bearings With soil hthish'ins End lino tip to the bin hc,,y's joints foi propQr btoipechanics. 1,:1ifch aicis'steet :ha IL used for ruaxlmum P-PAGNMer.ili"&.:F SMFA TFJ667/p7/;"10,19116 9) Weight Shroud 10) Frame 11) Protective Cover 12) Upholstery 13) Adjustment knobs 14) Urethane Handgrip 15) Finish 16) Compact Footprint • 5325 Ashbrook Drive, Houston,Texas 77081 Tolt Free: 1.800.231.6652 Fax: 713.667.9941 www.ProMaximaMFG.com 7) Cam Erigineered 'Affable Resistance 1 f "ttliet spBd skt 1 cat's, tanptltt41esrgne0 and lrsr-cutt4 �xad sywi±c th *yr Reber r varkIl Ve14Marrte thiviuhaut tlrx ceappletp range of m rran.. 8) Pulley Wh 1s 5" Ent'r6" rehlferced sotttl web fiterp+lass..b4fly+villi y 1rt2" cable eraa,ve. Qi1•:d peal. deub1ti-s ated ricer hall bearinyi with 112". mitis shaft !tole. Spalid.(or nolsture aiid clot -proof. 1b1" l iek steetpult syr huthing vetded diretttV tt frena. 9) Weight Shroud woghtstado are corngetply enclrFscd Eta full•IrLiigthshror:di. 10) Frame ceeistrirc'te0 of hiP stress 2"X,1",. 9"4" 4 .1"8" AS M.A`'510 G.trat 4 ll strlicllrral 6rlieTt suet t�JltfRt� (7-.6% 0, MI »' 41dS"drp 5;rduntl tlt�'iirl and strr st-te i t1, 11) lirotec th're, Cover AI3a Snt anti l3f~rtat protect6ve tllsl s. 1 Zj Up11efstery eras rroari_rie t4at}izah de; 1 eder'al ci icatltin a 29Sfit{ 15013Prcdre1 ccc iflga), Fetf tth -iri it dm t►. FAR 25.45. (0: fcAapndIX F Pert l tai(i) :fflf f S 4i3 Fire Cede il3fo k:tf ), Etat; Ault' ori S:ytdrNY; & 1J, Uacteria4 1stant.3" sl ed c11111 tfieroll'y ivarn ftitclding W111-1 3/4" p', r rir.•nd balk S:iptia'rt. 13) Adjustment i(nabs Calere4 pull jiti boobs 1lriVr enact lash lnin8 cn all mach Sne. 'I he Accer;rmedatii a l users tseri Uf !4r 11'biome, l a.ritcaal itt�rt.t h, 1.4) Urethane 1=1611.4rlp t,rog4astln urethane rubber Jsandgtii t: 1 5) Finish fe hLilE td,vid?ar-ifJc�illn rpet 5..r e�!t3111 a fLa;�r- ttnirarir rinfsh. 16) Crniipa*t Footprint rtaptor"e: tpr, -el liclenr, desiz hoirs`r9i:rixttniae yoi r ilbor C ornrrl rt int Warranty ri Lifetime: Frames, Welds, and Solid Steel Weight Stacks u 2 Year: Cables tr 5 Years: Friction -Free Bearings, Cams, Guide Rods, Bushings Et Pulley Wheels P 1 Year: Uphostery &Wear Items 6 3ra CL'!IL' arig Ei/ r!✓ Li C li CliJfi'✓: N li' ' 5325 Ashbrook Drive, Houston,Texas 77081 . Toll Free: 1.800.231.6652 Fax: 713.667.9941 www.ProMaximaMFG.com im m a449"RZ a Summolognmetv 100-4 air-mos onmeenn - Now now IL XA 1 y `;;• �,+ •�'� � -_". �,-.Mi "rte+. =4 41-• I �_ 1 rte, }44 kFj Gj a f ^) K5• 4+� n 4r4r.�- C=it� �3 L'. • 4:4 44 CITY ROUND ROCK TEXAS BVD #02m038 TAB #8: MAINTF 6 i ANCF PROPOSAL 5310 Ashbrook Houston TX 77081 800.231.6652 X.113 ph: 713-667-9606 f:713-667-9941 5310 Ashbrook Houston, TX 77031 1-800-231-6652 ext 113. www.promaxima.corn BID #12-038 Please see our detailed letters and the maintenance plan is quarterly and included in the pricing. It includes all service and warranty issues. For service please call 800- 231-6652 ext. 273 or 197. If you have any questions or need anything, please feel free to contact me! Brian Clayton Director of Community Sales Brian@Promaxima,com CITY ROUND ROCK TEXAS BID #12-038 TAB #9: PIGGY BACK PURCHASING 5310 Ashbrook Houston TX 77081 800.231.6652 X.113 ph: 713-667-9606 f:713-667-9941 5310 Ashbrook Houston, TX 77081 1-800-231-6652 ext 113. www.promaxima.com BID #12-038 YES, we would be interested in any PIGGY -BACK bid situation as long as the pricing is right and we have an opportunity to review the contract prior to any final deals. if you have any questions or need anything, please feel free to contact me! Brian Clayton Director of Community Sales Brian(a/Bromaxima.com SOLICITATION NUMBER 12-038 SPECIFICATION NUMBER 12-805-57 August 2012 CITY OF ROUND ROCK REQUEST FOR PROPOSAL FOR BACA CENTER FITNESS EQUIPMENT RENTAL PART 1 GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified Individual, Firm, or Corporation, hereafter referred to as "Respondent", to rent, deliver, install and maintain a complete inventory of commercial grade fitness equipment for the Alan R. Baca Center, herein referred to as "BACA Center" exercise room. 2. BACKGROUND.: The BACA Center currently hosts approximately 432 Exercise Room members annually with an average of 40 members per day accessing the exercise room. Membership is permitted to adults over 21 years of age but the majority of the membership clientele is over 50. Many utilize the exercise room by choice but many also utilize the room at the advice of a physician. Additional information on the BACA Center can be located at www.bacacenter.com. Historically, the City's Parks and Recreation Department has owned and maintained the BACA Center fitness equipment. With the goal of eliminating the maintenance expense and administration, and providing the BACA Center members with new equipment on a regular basis, the City seeks to enter into a rental arrangement for said equipment. Additionally, the City seeks to continue to provide the BACA Center members with top quality fitness equipment for cardiovascular exercise and equipment for each muscle group. With this goal in mind, Respondents are asked to provide their proposals for the equipment and floor plan to best meet the clientele needs. At a minimum, the City seeks to replace its current equipment offering but Respondents are encouraged to propose the best solution possible. The City seeks to trade-in or sell the existing fitness equipment to the successful Respondent. 3. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website http://www.roundrocktexas.gov/home/index.asp?page=463. 3.1. Any acceptance to or additional terms and conditions attached to the response will not be considered unless respondent specifically references them within their proposal. WARNING: Acceptance to or additional terms and conditions may result in disqualification of the response. 4. 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.gov/home/index.asp?page=463. 1 of 9 SOLICITATION NUMBER 12-038 SPECIFICATION NUMBER 12-805-57 August 2012 5. ATTACHMENTS: Attachments A through C are herein made a part of this solicitation: 5.1. Attachment A: Reference sheet 5.2. Attachment B: Current equipment list for trade-in 5.3. Attachment C: BACA exercise room floor plan 6. CLARIFICATION: For questions or clarifications of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 jbaggett@roundrocktexas.gov 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 solicitation opening without written approval of the City of Round Rock through the Purchasing Department. 7. RESPONDENT QUALIFICATIONS: The opening of a solicitation shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 7.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein; 7.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City; 7.3. In order to assure the City does not encounter shipping delays, service delays or other unforeseen problems that can occur with out of area or foreign vendors, respondent shall be located within: 0 60 Miles from Round Rock, Texas 78681 0 120 Miles from Round Rock, Texas 78681 United States; 7.4. Respondent shall identify key project staff, task leaders and sub -consultants along with their expected services to the City for the scope of work on behalf of the firm. The City reserves the right to approve or disapprove all sub -consultants prior to any work being performed; 7.5. Provide the name, address, telephone number and E-MAIL of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service within the last two (2) years. 8. BEST VALUE EVALUATION AND CRITERIA: Respondents may be required to make an oral presentation to the selection team to further present their qualifications. These presentations will provide the Respondent the opportunity to clarify their proposal and ensure a mutual understanding of the services to be provided and the approach to be used. All solicitations received may be evaluated based on the best value for the City. In determining best value, the City may consider: 2 of 9 SOLICITATION NUMBER 12-038 SPECIFICATION NUMBER 12-805-57 August 2012 8.1. Purchase price and terms; 8.2. Reputation of Respondent and of Respondent's goods and services; 8.3. Quality of the Respondent's goods and services; 8.4. The extent to which the goods and services meet the City's needs; 8.5. Respondent's past relationship with the City; 8.6. The total long-term cost to the City to acquire the Respondent's goods or services; 8.7. Any relevant criteria specifically listed in the solicitation. 8.8. The City reserves the right to reject any or all responses, or delete any portion of the response, or to accept any response deemed most advantageous, or to waive any irregularities or informalities in the response received that best serves the interest and at the sole discretion of the City. 9. AGREEMENT TERM: The terms of the awarded agreement shall provide the following: 9.1. The initial term of the resulting agreement shall be five (5) consecutive twelve (12) month periods from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing prior to the expiration of the current term; 9.2. The City reserves the right to review the respondents' performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period; 9.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice 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; 9.4. If the agreement is terminated, for any reason, the respondent shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 10. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement shall not be permitted. 11. AWARD: The City reserves the right to enter into an agreement or a purchase order with a single award, split awards, non -award, or use any combination that best serves the interest and at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at http://www.roundrocktexas.qov/home/index.asp?paqe=463. 12. ACCEPTANCE: Acceptance inspection should not take more than thirty (30) working days. The vendor will be notified within this time frame if the goods delivered are not in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed goods may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 13. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within thirty days after the acceptance of the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the City receives a correct invoice for 3 of 9 SOLICITATION NUMBER 12-038 SPECIFICATION NUMBER 12-805-57 August 2012 . 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: 13.1. 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 13.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 13.3. The 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 13.4. 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. 14. 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 affect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 15. 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 vendor(s) and the City. Such consent and agreement shall be conclusively inferred from Zack 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. PART 1I SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released July 28, 2012 1.2. Pre -Solicitation Meeting and Site Visit (Mandatory) August 6, 2012 August 6, 11:00 am — 12:00 pm BACA Center Fitness Area 301 W. Bagdad Avenue Round Rock, Texas 78664 1.3. Deadline for questions August 9, 2012 1.4. City responses to all questions or addendums August 14, 2012 1.5. Responses for solicitation due by 3:00 PM August 21, 2012 1.6. Oral Presentation (if necessary) TBD All questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due date noted in PART II, Paragraph 1, sub -paragraph 1.3. A copy of all the questions submitted 4 of 9 SOLICITATION NUMBER 12-038 SPECIFICATION NUMBER 12-805-57 August 2012 and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexas.qov/home/index.asp?paqe=463. Questions shall be submitted to the City contact named in PART I. The City reserves the right to modify these dates. Notice of date change will be posted to the City's website. **********************SOLICITATION UPDATES*********************** 2. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at http:llwww.roundrocktexas.qov/home/index.asp?paqe=463 for any updates pertaining to the solicitation described herein. Various updates,may include addendums, cancelations, notifications, and any other pertinent information necessary for the submission of a correct and accurate response. The City will not be held responsible for any further communication beyond updating the website. 3. MANDATORY PRE -SOLICITATION MEETING, SITE VISIT AND INSPECTION: A mandatory pre - solicitation meeting, site visit and inspection will be conducted to fully acquaint Respondents with the facilities, difficulties and/or restrictions and to give all potential Respondents an opportunity to ask questions they may have concerning this solicitation. The pre -solicitation meeting will be conducted on: August 6, 11:00 am — 12:00 pm BACA Center Fitness Area 301 W. Bagdad Avenue Round Rock, Texas 78664 3.1. The City considers this pre -solicitation meeting mandatory. The City reserves the right to determine a response "not available for award" if the Respondent fails to attend this pre - solicitation meeting. Respondents shall sign -in at the pre -solicitation meeting to document their attendance; 3.2. Respondents are required to provide their own transportation to the meeting; 3.3. It is the responsibility of the Respondent to examine the facility to determine quantity, amounts, measurements, material requirements and other solicitation related details during said inspections; 3.4. Subsequent site inspections will not be permitted. 4. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 PM, on the date noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 4.1. Responses received after this time and date shall not be considered. 4.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 4.3. Facsimile or electronically transmitted responses are not acceptable. 4.4. Late responses will be returned to Respondent unopened if return address is provided. 4.5. Responses cannot be altered or amended after opening. 5 of 9 SOLICITATION NUMBER 12-038 SPECIFICATION NUMBER 12-805-57 August 2012 4.6. No response can be withdrawn after opening without written approval from the City for an acceptable reason. 4.7. The City will not be bound by any oral statement or offer made contrary to the written specifications. 5. AGREEMENT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process, the City may: 5.1. Review all submittals and determine which Respondents are reasonable qualified for award of the agreement; 5.2. Determine the Respondent whose submittal is most advantageous to the City considering the evaluation criteria; 5.3. Attempt to negotiate with the most responsive Respondent an agreement at fair and reasonable terms, conditions and cost. 5.4. If negotiations are successful, enter into an agreement or issue a purchase order. 5.5. If not successful, formally end negotiations with that Respondent. The City may then: 5.5.1. Select the next most highly qualified Respondent and attempt to negotiate an agreement at fair and reasonable terms, conditions and cost with that Respondent. 5.5.2. The City shall continue this process until an agreement is entered into or all negotiations are terminated. 5.6. Reserve the right to reject any or all submittals, or to accept any submittal deemed most advantageous, or to waive any irregularities or informalities in the submittal received. 6. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 6.1. Provide City contact(s) information for implementation of agreement; 6.2. Establish a schedule for the removal of the existing equipment and the installation of the new equipment. PART ID SPECIFICATIONS 1. SCOPE OF WORK: The City of Round Rock, herein after "City", seeks to contract with a qualified fitness equipment supplier to rent, deliver, install and maintain a complete inventory of commercial grade fitness equipment for the BACA Center exercise room. 2. CRITICAL REQUIREMENTS: The City seeks to continue to provide the BACA Center members with top quality fitness equipment for cardiovascular exercise and equipment for each muscle group. With this goal in mind, Respondents are asked to provide their proposals for the equipment and floor plan to best meet the clientele needs. At a minimum, the City seeks to replace its current equipment offering but Respondents are encouraged to propose the best solution possible. A revised floor plan may be considered. Respondent shall provide at a minimum: 2.1 Olympic standard weight calibration; 2.2 Pound and kilo weight indications with easy -to -read numbers; 2.3 Equipment for safe and effective cardiovascular exercise; 6of9 SOLICITATION NUMBER 12-038 SPECIFICATION NUMBER 12-805-57 August 2012 2.4 Equipment for safe and effective exercise of each muscle group; 2.5 Equipment appropriate for age(s) of clientele; 2.6 Equipment design and floor layout in compliance with the revised Americans with Disabilities Act (ADA) Regulations Implementing Title II and Title III published in the Federal Register September 15, 2010. 3. RENTAL TERMS: The City seeks a 5 -year RENTAL agreement, not to be confused with a lease agreement. Lease terms will not be considered for award. 4. DELIVERY AND INSTALLATION: Respondent shall provide monthly rental cost proposal inclusive of: 4.1 Freight and delivery to BACA Center fitness area of specified equipment in new condition and ready for continued use; 4.2 All materials, product and labor for delivery, unpacking and installation services necessary for the complete fitness center package specified; 4.3 Any equipment that is delivered in damaged or non -working condition shall be removed and replaced within 72 hours; 4.4 All equipment set-up and acceptance testing coordination with City's Project Administrator within 24 hours of installation; 4.5 Removal and disposal of all associated rubbish; 4.6 Final site clean-up. 5. MAINTENANCE AGREEMENT: Respondent shall provide detailed outline of services for all scheduled and unscheduled maintenance of proposed equipment on an annual basis to be included in cost proposal. 5.1 Agreement shall specify response times for service calls. 6. EXISTING EQUIPMENT REMOVAL & TRADE-IN: Respondent shall provide a trade-in value on existing BACA Center equipment, herein ATTACHMENT B. Trade-in shall include the removal of said equipment from the site. The trade-in value shall be applied toward the Respondent's cost proposal. 7. DELIVERABLES REQUIRED UPON AWARD: The successful Respondent shall be responsible for, but not limited to providing the fitness equipment and installation of as described herein as well as: 7.1 Operating and safety instructions for all equipment; 7.2 Contact information for scheduled and unscheduled maintenance. 8. EXAMINATION OF EQUIPMENT AND ACCEPTANCE: The quality of material delivered to the BACA Center shall be to the satisfaction of the City. All equipment shall pass acceptance testing at the sole discretion of the City. The City shall verify that unit(s) are complete, tested and ready for continued use. With that determination payment can be issued for the rental agreement. The City shall have 30 days to utilize and test equipment with the option to terminate rental agreement with no penalty. 9. NOTIFICATION: The City's designee must be notified a minimum of 24 -hours in advance of beginning installation. 7 of 9 SOLICITATION NUMBER 12-038 SPECIFICATION NUMBER 12-805-57 August 2012 PART IV RESPONSE REQUIREMENTS 1. SOLICITATION SUBMISSION REQUIREMENTS: To achieve a uniform review process and obtain the maximum degree of comparability, the responses shall be organized in the manner specified below. Responses shall not exceed fifteen (15) pages in length (excluding title pages(s) and index/table of contents, attachments or dividers). Information in excess of those pages allowed may not be evaluated. One page shall be interpreted as one side of a double-spaced, printed, 8 1/2" X 11" sheet of paper. It is recommended that responses not be submitted in ringed binders or metal spirals to conserve cost for both the Respondent and the City. The Respondent shall submit one (1) original signed paper copy and four (4) copies, clearly identified as a "COPY" of its Response. In addition, the Respondent shall submit one (1) CD, each containing a complete copy of Respondent's submission in an acceptable electronic format (PDF, RTF, TXT, DOC, XLS). A complete copy of the Response includes all documents required by this Solicitation. The CD shall be titled: "SOLICITATION NUMBER - Complete copy of [Name of Respondent]'s submission." Failure to provide a CD may result in disqualification from consideration for award. If supplemental materials are included with the Response, each CD must include such supplemental materials. The Response and accompanying documentation are the property of the City and will not be returned. 1.1. Title Page (1 page) — Show the solicitation title and number, the name of your firm, address, telephone number(s) name of contact person and date. 1.2. Letter of Transmittal (1 page) — Identify the services for which solicitation has been prepared. 1.2.1. Briefly state your firms understanding for the services to be performed and make a positive commitment to provide the services as specified. 1.2.2. Provide the names) of the person(s) authorized to make representations for your firm, their titles, address, telephone numbers and e-mail address. 1.2.3. The letter of each solicitation shall be signed in permanent ink by a corporate officer or other individual who has the authority to bind the firm. The name and title of the individuals(s) signing the solicitation shall be clearly shown immediately below the signature. 1.3. Table of Contents (1 page) — Clearly identify the materials by Tab and Page Number. 1.4. Previous Performance/Experience — Provide detailed information on firm and experience with providing services as described in the Scope of Work. 1.4.1. 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 service for at least (two) 2 years.; 1.4.1.1. Include an brief overview of each project with, at a minimum, a short description of the services provided, including costs and methodology used for projects. 1.4.2. Attachment A: Reference Sheet. 1.5. Consultant Size and Location — Provide information on size, resources and business history of the firm. 1.6. Delivery Coordination Plan — Respondent shall provide a detailed method and schedule of the complete installation as per the specifications contained herein. TAB #1 TAB #2 TAB #3 TAB #4 TAB #5 8 of 9 TAB #6 TAB #7 TAB #8 TAB #9 SOLICITATION NUMBER 12-038 SPECIFICATION NUMBER 12-805-57 August 2012 1.7. Fitness Area and Equipment Recommendations and Floor Plan — Respondent shall provide an itemized, recommended equipment list and proposed floor plan solution for the fitness area per ATTACHMENT C herein. 1.8. Cost Proposal — Respondent shall include a rental cost proposal to provide the goods and services as described herein. The City seeks a monthly rental figure for the term of five (5) years reflective of the trade-in value offered by the Respondent of the existing BACA Center equipment. 1.8.1. Cost proposal format shall provide itemized listing of proposed equipment with associated monthly rent schedule; 1.8.2. Cost proposal shall indicate value of trade-in equipment per ATTACHMENT B. 1.9. Maintenance Proposal — Respondent shall furnish outline for both scheduled and unscheduled maintenance of all equipment for the time frames indicated. Outline shall provide response times to critical issues. 1.10. Interlocal Participation — Indicate if "piggyback" purchasing from other governmental agencies is acceptable per PART I, #15 of this solicitation. 2. CONFIDENTIALITY OF CONTENT: All documents submitted in response to a solicitation shall be subject to the Texas Public Information Act. Following an award, responses are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances. 2.1. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the document. The City will not be responsible for any public disclosure of confidential information if it is not clearly marked as such. 2.2. If a request is made under the Texas Public Information Act to inspect information designated as confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and information as to why the information should be protected from disclosure. The matter will then be presented to the Attorney General of Texas for final determination. 9 of 9 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name, address, e-mail, telephone number and point of contact of at least three (3) firms applicable to Municipal and/or Government projects that have utilized similar service from your organization within the last two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number Fax Number: ( 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( ) 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number ( ) Fax Number: ( FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. ATTACHMENT B Cost ' 0 0 0 0 0 0 0 0 0 1 000'9$ 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 a 0 0 o 0 0 0 0 0 0 0 a EPI- Replacement Yr. C() CD N CO N N CO N 2013 CO N N 2015 2015 2012 2012 2012 I -I N r`-1-1 2014 t`-+ N 2014 44 v , PP to rN �ON lo N'+1G)C Lo y y rnrnrn FSLCE-1008-102 FSLPC-1008-102 FSLR 1008-102 FEN/LP-1007-102 N 0 r1 CO 0 W in di u, w Row r -I t-1 r-1 .-I t --I N Cl • N N N MS (i) C d cn cri4 M N N 2006 2006 2006 2006 2006 N 2006 2006 2006 2006 Cl 2006 2006 2006 Serial Number I TCT 101814 TCT 101818 TCT 101825 TCT 101852 TCT 101817 CCN 101185 CO O -t z U AXB 101657 AXB 104846 AXE 104845 C4 O 00 O Q\ d+ o N W ko dam+ o c, O CD Di 00 O r-1 O o o Cr, CD O O\ Model H US w" 1-1 LifeFitness Treadmill ft% N CW rrcu a) JZ w a LifeFitness Treadmill LifeFitness Treadmill LifeFitness Recumbent Bike LifeFitness Recumbent Bike LifeFitness Elliptical LifeFitness Elliptical LifeFitness Elliptical Leg Curl/Extension Leg Press/Calf Raise Lat Pull/Low Row Multi -Level Chest Press Abdominal/Back Extension 4# C R 444444444444 44444-4#i#4#4 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 furnished to the City 1.3.5. Policies shall include, but not be limited to, the following minimum limits: 1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 1.3.6. Coverage shall be maintained for two years minimum after the termination of the Contract. 1.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: 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 of Round Rock 221 East Main Round Rock, TX 78664-5299 City Attorney City of Round Rock 309 East Main Round Rock, TX 78664 6. WORKERS COMPENSATION INSURANCE 6.1. 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. 6.1.1. 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. 6.1.2. 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. 6.2. 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 6.10.3.2. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6.10.3.3. 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 6.10.3.4. 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. 6.10.3.5. 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 all coverage agreements will 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. 6.10.3.6. 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. include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 6.3. 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. 6.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 6.5. 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. 6.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: 6.6.1. 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 6.6.2. 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. 6.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 6.8. 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. 6.9. 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. 6.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 6.10.1. 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; 6.10.2. 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; 6.10.3. 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; 6.10.3.1. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 6.1 0.3.1.1. 6.1 0.3.1.2. 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