CM-13-01-013Item Caption:
RECEIVED
,3
City Manager Approval Form
Consider authorizing agreement with Advance Safety Equipment for gas detection equipment calibration,
monitoring, maintenance, and training.
Approval Date: January 18, 2013
Department Name: Fire Department
Project Manager: David Coatney
Assigned Attorney: N/A
Item Summary:
This Maintenance Agreement will ensure our gas monitors are calibrated every 30 days as suggest by the manufacture and the
sensor are in good working order. The significance of having this Maintenance Agreement is Advance Safety Equipment, (ASE)
will maintain all service records and provide a copy of those records to Round Rock Fire Department upon request, be
responsible for any and all sensor replacement, should a sensor fail to calibrate, provide loaner units in the event of a unit failure
between service intervals, and provide 24/7 tech support in the event of an emergency.
Upon execution of this agreement ASE will provide 4 hours of training for the equipment listed in 1.(a) -(h) within thirty days .
days. In addition, ASE will provide a minimum of 8 hours of annual training on the listed equipment for the duration of the
contract.
No. of Originals Submitted: 2
Project Name: Agreement with Advance Safety Equipment for gas detection equipment calibration, monitoring
Cost: $8,892.00
Source of Funds: General Fund
Source of Funds (if applicable): Select Source Fund
Account Number: 5201-100-22016
Finance Director Approval: cheryl Delaney
Date: 1/16/13
Department Director Approval: David Coatney Date: 1/14/13
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP r1 n Budget n ri Purchasing n n Accounting n
N/A OK N/A OK N/A OK 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
PURCHASE OF SERVICES FOR GAS DETECTION EQUIPMENT
CALIBRATION, MONITORING, MAINTENANCE AND TRAINING
FROM ADVANCE SAFETY EQUIPMENT
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 services for gas detection equipment calibration,
monitoring, maintenance and training, and for related goods and servjces, referred to herein as
the "Agreement," is made and entered into on this the Z3= day of the month of
.10,41,02.41.A , 201. , by and between the CITY OF ROUND ROCK, TEXAS, a home -rule
m icipality*hose offices are located at 221 East Main Street, Round Rock, Texas 78664,
referred to herein as the "City," and ADVANCE SAFETY EQUIPMENT, whose offices are
located at 1107 Wonder Drive, Round Rock, Texas 78681, referred to herein as the "Vendor."
This Agreement supersedes and replaces any previous agreements between the named parties,
whether oral or written, and whether or not established by custom and practice.
RECITALS:
WHEREAS, City desires to purchase services for gas detection equipment calibration,
monitoring, maintenance and training, and to purchase associated goods and services, and City
desires to purchase same from Vendor; and
WHEREAS, City has issued its Invitation for Bid under Solicitation Number 13-007,
Specification Number 12-936-32 for the provision of said goods and services, and City has
selected the bid submitted by Vendor; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
mutually agree as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Vendor whereby
City is obligated to buy specified goods and/or services and Vendor is obligated to sell same.
265287/jkg
The Agreement includes the following: (a) City's Invitation for Bid under Solicitation Number
13-007, Specification Number 12-936-32; (b) Vendor's Response to 1FB; (c) contract award; and
(d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the
contract documents shall be resolved by giving preference in the following order:
(1)
(2)
This Agreement;
Purchaser's Response to 1FB;
(3) City's Invitation for Bid, 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 supplies, materials, commodities, or
equipment, and the specified performance of services.
F. Vendor means Advance Safety Equipment, or any of its successors or assigns.
2.01 EFFECTIVE DATE; TERM; NO ALLOWABLE RENEWALS
A. This Agreement shall be effective upon the date on which it has been signed by
both parties hereto, and shall remain in full force and effect unless and until it expires by
operation of the term stated herein, or until terminated or extended as provided herein.
B. The term of this Agreement shall be for three (3) consecutive twelve-month
periods from the effective date hereof, with no renewals thereafter.
C. No price increase shall be allowed during the term of this Agreement. Vendor
may offer price decreases in accordance with any allowable percentage change.
D. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Vendor as the integrator of choice to supply the goods and services as
outlined in City's Invitation for Bid under Solicitation Number 13-007, Specification Number
12-936-32, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached
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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 relevant documents and as
offered by Vendor in its Response to the IFB.
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 AWARDED
All bid items on Exhibit "A" are awarded to Vendor.
5.01 COSTS
Bid costs listed on Exhibit "A" shall be the basis of any charges collected by Vendor.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Naive and address of Vendor;
B. Purchase Order Number;
C. Description and quantity of items received; and
D. Delivery 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 of Round Rock's bid, with the consent and agreement of the successful
vendor(s) and Round Rock. Such agreement shall be conclusively inferred for the vendor from
lack of exception to this clause in the vendor's response. However, all parties hereby expressly
agree that the City of Round Rock is not an agent of, partner to, or representative of those outside
agencies or entities and that the City of Round Rock is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
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determined by City's budget for the fiscal year in question. City may effect such termination by
giving Vendor a written notice of termination at the end of its then -current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Vendor will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Vendor may charge interest on an overdue payment at the "rate in effect" on September 1
of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Vendor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Vendor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Vendor, cancel this Agreement without incurring any
liability to Vendor if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Vendor or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8
of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Vendor's charges.
12.01 ORDERS PLACED WITH ALTERNATE VENDORS
If Vendor cannot provide the goods as specified, City reserves the right and option to
obtain the products from another supplier or suppliers.
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13.01 INSURANCE
Vendor shall in all respects comply with the provisions delineated in Part I, Item 3 of
City's Invitation for Bid under Solicitation Number 13-007, Specification Number 12-936-32
(including all attachments and exhibits), and its bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act on its behalf:
Charles H. Meserole
Administrative Manager
Round Rock Fire Department
203 Commerce Boulevard
Round Rock, Texas 78664
512-671-2779
cmeserole@roundrocktexas.gov
15.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
16.01 DEFAULT
If Vendor abandons or defaults under this Agreement and is a cause of City purchasing
the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if
any, and that it will not be considered in the re -advertisement of the service and that it may not
be considered in future bids for the same type of work unless the scope of work is significantly
changed.
Vendor shall be declared in default of this Agreement if it does any of the following:
A. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Vendor.
5
B. In the event of any default by Vendor, City has the right to terminate this
Agreement for cause, upon ten (10) days' written notice to Vendor.
C. Vendor has the right to terminate this Agreement only for cause, that being in the
event of a material and substantial breach by City, or by mutual agreement to terminate
evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall
discontinue all services in connection with the performance of this Agreement and shall proceed
to cancel promptly all existing orders and contracts insofar as such orders and contracts are
chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor
shall submit a statement showing in detail the goods and/or services satisfactorily performed
under this Agreement to the date of termination. City shall then pay Vendor that portion of the
charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services
it would have performed under the remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Vendor shall defend (at the option of City), indemnify, and hold City, its successors,
assigns, officers, employees and elected officials harmless from and against all suits, actions,
legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor,
or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations
under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be
deemed to limit the rights of City or Vendor (including, but not limited to the right to seek
contribution) against any third party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Vendor, its agents, employees and subcontractors shall use best efforts to comply with all
applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
A. When delivered personally to recipient's address as stated in this Agreement; or
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• •.B. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Vendor:
Advance Safety Equipment
1107 Wonder Drive
Round Rock, TX 78681
Notice to City:
Steve Norwood, City Manager
221 East Main Street AND TO
Round Rock, TX 78664
Nothing contained herein shall be construed
communications between representatives of City and Vendor.
Stephan L. Sheets, City Attorney
: 309 East Main Street
Round Rock, TX 78664
to restrict the transmission of routine
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Vendor and City. This Agreement may only be amended or supplemented by mutual agreement
of the parties hereto in writing, duly authorized by action of the City Manager or City Council.
24.01 DISPUTE RESOLUTION
City and Vendor hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision hereof or the occurrence of
any event rendering any portion or provision of this Agreement void shall in no way affect the
validity or enforceability of any other portion or provision of this Agreement. Any such void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties further agree to amend this Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. 'The provisions of this section shall not prevent this entire Agreement from being void
should a provision which is of the essence of this Agreement be determined to be void.
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26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Vendor represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Vendor understands and agrees that time is of the essence and
that any failure of Vendor to fulfill obligations for each portion of this Agreement within the
agreed timeframes will constitute a. material breach of this Agreement. Vendor shall be fully
responsible for its delaysor for failures to use best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Vendor's failure to perform in these
circumstances, City may pursue any remedy available without waiver of any of City's additional
legal rights or remedies.
Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement
if it is prevented from performing any .of its obligations hereunder by reasons for which it is not
responsible as defined herein. However, notice of such impediment or delay in performance must
be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
By:
Printed Name: .Q , JO(WOO
Title: CA .4 P,jr
Date Signed: 2�� j?
For City, Attest:
By:
Sara L. White, City Clerk
For Ci A proved as Form:
By: to L.
Stepha L. Sheets, City Attorney
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Advance Safety Equipment
By:
P iirnted Name: 6610A S t 10-k( K
Title: t )1G 2
Date Signed: / 5' — Oiletk.rtR y — 2oa 3
SOLICITATION NUMBER
13-007
SPECIFICATION NUMBER
12-936-32
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www. ro u n d roc ktex as. q ov
Solicitation #13-007
Gas Detection Equipment Calibration, Monitoring,
Maintenance and Training
Responses Due: November 20, 2012
1
EXHIBIT
1 of 10
SOLICITATION NUMBER
13-007
SPECIFICATION NUMBER
12-936-32
CITY OF ROUND ROCK
REQUEST FOR PROPOSAL
GAS DETECTION EQUIPMENT CALIBRATION, MONITORING, MAINTENANCE AND TRAINING
PART I
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 provide a turn -key
solution for gas detection equipment calibration, monitoring, maintenance and training as specified
herein for the City's Fire Department. Solution shall integrate the City's existing equipment and
vendor supplied equipment per the specification.
2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, Terms and Conditions, in effect at the time
of release of the solicitation, shall govern unless specifically provided otherwise in a separate
agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject
to change without notice. It is the sole responsibility of respondents to stay apprised of changes.
The City's Definitions, Terms and Conditions can be obtained from the City's website
http://www.roundrocktexas.sgov/home/lndex.asp?page=463.
2.1. Any acceptance to or additional terms and conditions attached to the response will not be
considered unless respondent specifically references them on the front of the Solicitation
Document. WARNING: Exceptions to or additional terms and conditions may result in
disqualification of the response.
3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the
Insurance Requirements as identified on the City's website at
hftp://www.roundrocktexas.qov/home/index.asp?paqe=463.
4. ATTACHMENTS: Attachment A is herein made a part of this solicitation:
4.1. Attachment A: Reference Sheet
5. CLARIFICATION: For questions or clarifications of specifications, you may contact:
Joy Baggett
Purchasing Department
City of Round Rock
Telephone: 512-218-6682
ibaQuettaa roundrocktexas.sfov
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.
6. 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:
6.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and
distribution of commodity or provision of the services as specified herein.
6.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and
efficient service to the City.
2 of 10
SOLICITATION NUMBER
13-007
SPECIFICATION NUMBER
12-93632
6.3. 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:
ge60 Miles from Round Rock, Texas 78681
❑ 120 Miles from Round Rock, Texas 78681
❑ United States
6.4. Provide a representative list of services of a scale and complexity similar to the services
being considered by the City. The list shall include the location, client, services provided by
your firm, term of services and an owner contact name.
6.5. 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. Resumes shall be
included for each of the individuals and sub -consultants referenced which demonstrate their
qualifications to satisfy all the critical and service requirement areas. The City reserves the
right to approve or disapprove all sub -consultants prior to any work being performed.
6.6. Provide the name, address, telephone number and E-MAIL of at least three (3) firms
appficable to Municipal and/or Government projects that have utilized similar service 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
submittal. NOTE: REFERENCE FORM (ATTACHMENT A) PROVIDED. E-MAIL
ADDRESSES ARE REQUIRED.
6.7. Certification documentation for the equipment calibration, monitoring, maintenance
and training as specified herein.
7. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based
on the best value for the City. In determining best value, the City may consider:
7.1. Purchase price and terms;
7.2. Reputation of Respondent and of Respondent's goods and services;
7.3. Quality of the Respondent's goods and services;
7.4. The extent to which the goods and services meet the City's needs;
7.5. Respondent's past relationship with the City;
7.6. The total long-term cost to the City to acquire the Respondent's goods or services;
7.7. Any relevant criteria specifically listed in the solicitation.
7.8. 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.
7.9. 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.
3 of 10
SOLICITATION NUMBER
13-007
SPECIFICATION NUMBER
12-936-32
8. AGREEMENT TERM: The terms of the awarded agreement shall include the following:
8.1 The initial term of the resulting agreement shall be one (1) twelve (12) month periods from the
effective date. The agreement may be renewed for five (5) 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.
8.2. 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.
8.3. 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.
8.4. 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.
9. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement shall not be
considered.
10. 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:/lwww.roundrocktexas.qov/home/index.asp?pane=463.
11. ACCEPTANCE: Acceptance inspection should not take more than ten (10) working days. The
vendor will be notified within this time frame if the goods or services delivered are not in full
compliance with the specifications. If any agreement or purchase order is canceled for non-
acceptance, the needed goods or services may be purchased elsewhere and the vendor may be
charged full increase, if any, In cost and handling.
12. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt
Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within
thirty days after the acceptance of the supplies, materials, equipment, or the day on which the
performance of services was completed or the day, on which the City receives a correct invoice for
the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late
fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made
by the City in the event:
12.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be
late; or
12.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
12.3. 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
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.
4 of 10
SOLICITATION NUMBER
13-007
SPECIFICATION NUMBER
12-938-32
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 affect such termination by giving Vendor a written notice of termination at
the end of its then current fiscal year.
14. 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 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.
PART II
SCHEDULE
1. SOLICITATION SCHEDULE: It is the City's intention
timeline:
1.1. Solicitation released
1.2. Deadline for questions
1.3. City responses to all questions or addendums
1.4. Responses for solicitation due by 3:00 PM
1.5. Oral Presentation (if necessary)
to comply with the following solicitation
November 2, 2012
November 13, 2012
November 15, 2012
November 20, 2012
Week of November 26, 2012
AU questions regarding the solicitation shall be submitted in writing by 5:00 PM on the due
date noted in PART II. A copy of all the questions submitted and the City's response to the
questions shall be posted on our webpage,
http://www.roundrocktexas.gov/home/index.asp?page=463. Questions shall be submitted to
the City contact named in PART 1, Paragraph 5.
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:/Iwww.roundrocktexas.00v/home/index.asp?page=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. 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
3.1. Responses received after this time and date shalt not be considered.
5 of 10
SOLICITATION NUMBER
13-007
SPECIFICATION NUMBER
12-936-32
3.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation
title, number, due date and "DO NOT OPEN".
3.3. Facsimile or electronically transmitted responses are not acceptable.
3.4. Late responses will be returned to Respondent unopened if return address is provided.
3.5. Responses cannot be altered or amended after opening.
3.6. No response can be withdrawn after opening without written approval from the City for an
acceptable reason.
3.7. The City will not be bound by any oral statement or offer made contrary to the written
specifications.
4. AGREEMENT NEGOTIATIONS: In establishing an agreement as a result of the solicitation
process, the City may:
4.1. Review all submittals and determine which Respondents are reasonable qualified for award
of the agreement.
4.2. Determine the Respondent whose submittal is most advantageous to the City considering the
evaluation criteria.
4.3. Attempt to negotiate with the most responsive Respondent an agreement at fair and
reasonable terms, conditions and cost.
4.4. If negotiations are successful, enter into an agreement or issue a purchase order.
4.5. If not successful, formally end negotiations with that Respondent. The City may then:
4.5.1. Select the next most highly qualified Respondent and attempt to negotiate an
agreement at fair and reasonable terms, conditions and cost with that Respondent.
4.5.2. The City shall continue this process until an agreement is entered into or all
negotiations are terminated.
4.6. The City also reserves 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.
5. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss,
but not be limited to the following:
5.1. Provide City contact(s) information for implementation of agreement.
5.2. Agreement terms and conditions.
5.3. Identify specific milestones, goals and strategies to meet objectives.
PART III
SPECIFICATIONS
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 provide a tum -key
solution for gas detection equipment calibration, monitoring, maintenance and training as specified
herein for the City's Fire Department. Solution shall integrate the City's existing equipment and
vendor supplied equipment per the specification.
6 of 10
SOLICITATION NUMBER
13-007
SPECIFICATION NUMBER
12-936-32
2. EQUIPMENT: Successful Respondent shall provide calibration, monitoring and maintenance
services for existing gas detection equipment in accordance with industry standards. Equipment
and service requirements are outlined here. Equipment currently includes but is not limited to:
9.1 Two (2) Muli-Rae Plus gas monitors with 02, LEL, CO, H2S and PID sensors with pump;
9.2 One (1) Mini Rae 2000 single gas PID monitor with pump;
9.3 One (1) Toxi Rae II single gas CL2 monitor;
9.4 Two (2) Rae system Tox-rae Il Sensors to include HCN;
9.5 One (1) Ludlum Radiation monitor with 3 probs;
9.6 One (1) Rae -System Q-rae plus additional gas monitors to include CO, H2S, LEL, 02 with
pump;
9.7 Three (3) Sensit HXG 3 LEL Monitors;
9.8 One (1) Amonia Monitor.
3. LOCATION: Monthly and annual testing shall be conducted at City's Fire Station #6 located at
2919 Joe DiMaggio Blvd. Round Rock, TX 78665.
4. MONITORING AND MAINTENANCE REQUIREMENTS: Successful Respondent shall provide the
following calibration, cleaning and inspection services as well as provide the calibration gas per
year as indicated:
TEEM
A
EQUIPE.1ENTTYPE
Two (2) Muli-Rae Plus gas monitors with 02, LEL,
CO, H2S and PID sensors with pump
ANNUAL
CALIBRATION GAS
TO BE PROVIDED
/
�/
ANNUAL
CALIBRATION
SERVICE REQUIRED
MONTHLY ON-SITE
CLEANINC3 &
CALIBRATION
y
B
One (1) Mini Rae 2000 single gas PID monitor
with pump
/
�/
/
�/
C
One (1) Toxl Rae tt single gas CL2 monitor
✓
V
D
Two (2) Hae system Tox-rae II Sensors to include
HCN
/
�/
E
One (1) Ludlum Radiation monitor with 3 probs
V
F
One (1) Rae -System Q-rae plus additional gas
monitors to include CO, H2S, LEL, 02 with pump
r
G
Three (3) Sensit H)UG 3 LEL Monitors
✓
H
One (1) Amonia Monitor
✓
7 of 10
SOLICITATION NUMBER
13-007
SPECIFICATION NUMBER
12-936-32
5. REPAIR. REPLACEMENT AND UPGRADES: Successful Respondent shall stock service parts for
equipment specified herein.
6. EQUIPMENT RENTAL: Successful Respondent shall provide rental units as loaner units" until
which time as the City can procure replacement equipment for those units that fail to calibrate
between service intervals.
7. RECORD MAINTENANCE: Successful Respondent shall maintain records of all monthly and
annual calibration and services performed for a period of one (1) year and shall provide City copy of
calibration certificate each month.
8. TECHNICAL SERVICE AND SUPPORT: Successful Respondent shall provide 24-hour, 7 -day per
week technical support by telephone and on-site service and support within thirty (30) minutes of
notification from City.
9. TRAINING: Successful Respondent shall provide designated City Fire Department Hazmat Staff,
up to eighteen (18) individuals In one sitting, with calibration and maintenance training at a
designated City Fire Station for the equipment listed herein. Service shall provide but not be limited
to:
9.1 Four (4) hours of training to take place within thirty (30) days of acceptance of executed
contract by City Council;
9.2 Eight (8) hours of training prior to the anniversary of the agreement for each year of the
agreement.
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 twenty (20) pages in length (excluding title pages(s) and
index/table of contents, attachments or dividers). Information in excess of those pages allowed will
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, dearly
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 Respondentj's submission.'
Failure to provide a CD may result in disqualification 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.
8 of 10
TAB #1
TAB #2
TAB #3
TAB #4
TAB #6
TAB #7
TAB #8
TAB #9
SOLICITATION NUMBER
13-007
SPECIFICATION NUMBER
12-936-32
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 name(s) of the person(s) authorized to make representations for your
firm, their title, address, telephone number 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 team
experience with providing consultant services as described in the Scope of Work.
1.4.1. Respondent shall identify the project team and provide statement of qualifications for
those individuals to include education, professional registrations, and area of
expertise and years of service in the respective field.
1.4.2. Provide a representative list of services of a scale and complexity similar to the
services being considered by the City. The list shall include the location, client,
services provided by your firm, term of services and an owner contact name.
1.4.3. 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. 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.
1.4.4. Attachment A: Reference Sheet.
1.5. Available Resources and Consultant Location — Provide information on size, location,
resources and business history of the firm.
1.6. Timeline — Respondent shall provide a detailed schedule of the complete project as per the
specifications contained herein.
1.7. Service Outline — Respondent shall provide a description of how services will be performed in
accordance with specifications.
1.8. Certification Documentation -- Certification documentation for the equipment calibration,
monitoring, maintenance and training as specified herein.
1.9. Cost Proposal — Respondent shall include a cost proposal to provide services as described
herein. Cost proposal shall be value engineered and the break -down shall include a not -to -
exceed fee schedule for each aspect of the service. Cost proposal shall:
1.9.1. Show cost for scheduled monthly equipment maintenance and record maintenance
as specified;
1.9.2. Show cost for annual equipment maintenance and record maintenance as specified;
1.9.3. Show cost for sensor replacement as specified;
1.9.4. Show cost for Loaner units as specified;
9 of 10
SOLICITATION NUMBER
13-007
SPECIFICATION NUMBER
12-936-32
1.9.5. Show cost for telephone and on-site service as specified;
1.9.6. Indicate any additional costs associated with providing services described herein.
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.
• 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.
• If a request is made under the Texas Public Information Act to inspect information designated as
confidential ; theRespondentshall; 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.
10 of 10
ATTACHMENT A
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOUCITATION NUMBER: (7 - 007
RESPONDENT'S NAME: 2J /aac e -'e d 4i /..q p - DATE: 1 I/ 2-7 f /7,-
hr s S} r k" _ t I
Provide the name, address, a-mafi, 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 -Mall Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mall Address
Present Address
City, State, Zip Code
Telephone Number
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FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE
SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE
RESPONSE FROM CONSIDERATION FOR AWARD.
Title Page
Gas Detection Equipment Calibration,
Monitoring Maintenance and Training
Solicitation number 13-007
Advance Safety Equipment
1107 Wonder Dr
Round Rock, TX 78681
(512)695-8219
Chris Stark
11/27/12
Letter of Transmittal
Advance Safety Equipment intending to provide monthly onsite calibration and maintenance for the City
of Round Rocks Fire Dept gas monitors listed In the contract document attached. In the event that a
monitor can't be repaired onsite a loaner will be supplied until said monitor can be repaired and
returned. ASE will provide all training per the requirements of this bid spec. 24-7 tech support by
phone will also be provided.
Authorized Conus
Chris Stark, Sales Rep, (512)695-8219, stark@advancesafetyequip.com
Signature ��,.. _� G� // A2/12-
Previous Performance Experience
ASE is currently providing a turnkey solution for gas detection equipment calibration,
monitoring, maintenance, and training services to the following customers
1. Killen Fire Department: Randy Pearson -(254)501-7876- rpearson@killeentexas.gov
Provide all maintenance and calibration for all gas monitoring equipment. Also provide
all gas detection training.
2. Burleson County ESD: David Bagley -(979)567-2008- emc@burlesoncounty.org
Provide all maintenance and calibration for all gas monitoring equipment. Also provide
All gas detection training.
3. Jollyville Fire Department: Brad Landi, (512)2584038, blandi@jvfd.org
Provide all maintenance and calibration for all gas monitoring equipment. Also provide
All gas detection training.
Available Resources and Consultant Location
Advance Safety Equipment Is located in Round Rock Texas. We have 4 certified repair technicians with
over 44 years of combined gas detection experience. Advance Safety equipment has been in business
for over 11 years.
Timeline
Please see maintenance agreement document attached for detailed schedule of services provided per
specifications contained herein.
Service Outline
Please see maintenance agreement document attached for services provided.
Certification Documentation
Certified Rae Systems Technician 2009 -current
Certified Sensit Repair Technician 2011 -current
Cost Proposal
Please see maintenance agreement document attached for costs of all services specified in this bid.
Schedule A-1
Maintenance Agreement
The following outlines the equipment and services contemplated under this agreement by ASE in addition to the
responsibilities assigned to ROUND ROCK FIRE DEPT. under this agreement.
ASE
1. List of Equipment to be maintained:
(a) Two (2) MultiRAE gas monitors with 02, LEL, CO3112S and PID sensors with pump.
(b) One (1) MiniRAE 2000 single gas PID monitor with pump.
(c) One (1) ToxiRAE 11 single gas CL2 monitor.
(d) Two (2) RAE system ToxiRAE 11 sensors to include HCN.
(e) One (1) Ludlum Radiation monitor with 3 probes.
(I) One (I) RAESystem QRAE plus four gas monitors (sensors to include CO, H2S, LEL,
02 with pump).
(g) Three (3) SENSIT HXG 31.,EL monitors (sensors to include LEL).
(h) One (1) ToxiRAE II single gas N1 -I3 monitor.
2. List of Supplied Equipment:
(a) ASE will provide up
(b) ASE will provide up
(c) ASE will provide up
(d) ASE will provide up
(e) ASE will provide up
(f) ASE will provide up
to one (1) 58 liter cylinder of Multi -gas mix per year.
to one (1) 58 liter cylinder of Isobutylene per year.
to one (1) 58 liter cylinder of CL2 gas mix per year.
to one (1) 58 liter cylinder of HCN gas mix per year.
to one (1) 58 liter cylinder of NH3 gas mix per year.
to one (1) 116 liter of Methane gas mix per year.
3. Service and Maintenance responsibilities: `Performance Standards'
(a) Every 30 days Advance Safcty Equipment will come on site to a specified location to
inspect, clean, and calibrate the instrumentation outlined in section 1.(a) -(h).
(b) ASE will perform repairs for damage occurring during normal usage of equipment. Any
repair for damage over $700.00, excluding sensors, will be the responsibility of the
owner.
ASE will maintain all service records and provide a copy of calibration certificates each
month upon completion of the monitor calibrations.
ASE will be responsible for any and all sensor replacement, should a sensor fail to
calibrate.
ASE will provide loaner units in the event of unit failure between service intervals.
ASE will provide 24/7 tech support by phone.
ASE will provide 24/7 on scene service support within 30 minutes of being notified.
(c)
(d)
(e)
(f)
(g)
4. Training
(a) Upon execution of this agreement and within 30 days, ASE will provide 4 hours
minimum of training for the equipment listed in Section 1.(a) -(h). ASE will also provide
a minimum of 8 hours of annual training on the equipment for the duration of the
contract.
Round Rock Fire Dent.
1. Monthly Fee for Equipment and Service
(a) For a total of $741 per month due upon receipt of invoice and paid in accordance with
the Texas Prompt Payment Act (can be paid in quarterly payments of $2,223 for a total
of $8,892 per year).
2. Prompt return of monitors for calibration and service
(a) ROUND ROCK FIRE DEPT. employees will endeavor to return equipment for service
in a timely manner in the supplied containers.
3. Responsibility for lost, stolen or destroyed equipment
(a) ROUND ROCK FIRE DEPT. agrees to be responsible for the replacement costs of any
supplied equipment that is lost, stolen or destroyed while in its possession. ASE will
repair or replace equipment that is dammed in the normal course of use.
4. Prompt return of equipment at the termination of this agreement
(a) ROUND ROCK FIRE DEPT. agrees to promptly return ALL of the equipment supplied
under the terms of this agreement following the termination of said agreement, whether
that occurs at the conclusion of the contract or under the terms in Section 17.01 of the
agreement.
Advance Safety Equipment
ignature
SAKI. S v�t,�t•. S
Date
/i-J�- ,&
Print Name
Title
City of Round Rock, Texas for
Round Rock Fire De artment
elP4F-M
Signature Date
V.eW WWDOd Cit
Print Name Title