CM-2014-370r-ROUNDCK, TDCAS
PS PROSPERITY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider authorizing the City Manager to execute a contract with
FarrWest Environmental Supply, INC for Gas Detection Equipment
Maintaince and Training Services.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/4/2014
Dept Director: David Coatney, Fire Chief
Cost: $6,000.00
Indexes: General Fund
Attachments: LAF and Gas Detection Equipment Maintenance Agreement
Department: Fire Department
Text of Legislative File CM -2014-370
This Farrwest Environmental Supply, INC. Equipment Maintenance and Training services agreement will
provide the Round Rock Fire Departmentt Hazardous Response team with Monthly Calibrations, Maintenance,
and Training for (36) months from the effective date hearof. After that date, this agreement may be renewed for
two (2) successive Twelve month periods. This Maintenance and Training service agreement will cover all
Multi -Rae, QRae, Mini Rae, Toxi Rae, Sensit, and Ludlum Radiation detection monitors used by the Round
Rock Hazardous Response team.
Annual Cost $6,000.00,
Total Contract Cost 5yr $30,000.00
Approval
City of Round Rock Page 1 Printed on 4/3/2014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Fire
Project Mgr/Resource: Angelo Luna
[]Council Action:
ORDINANCE
Agenda Wording
Gas Detection Equipment Maintenance and
Project Name: Training Services
ContractorNendor: FarrWest Environmental Supply, Inc.
n RESOLUTION
[]City Manager Approval
CMA Wording
Consider executing a contract with FarrWest Environmental Supply, Inc. for Gas Detection Equipment Maintenance and Training
Services.
Attorney Approval
Attorney
Notes/Comments
O:\wdox\SCCInts\0121\1401\MUNICIPAL\00293231.XLS Updated 6/3/08
CITY OF ROUND ROCK AGREEMENT FOR
GAS DETECTION EQUIPMENT MAINTENANCE
AND TRAINING SERVICES WITH
FARRWEST ENVIRONMENTAL SUPPLY, INC.
THE STATE OF TEXAS
CITY 01? ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for gas detection and equipment maintenance services, and
for related goods and services, (referred to herein as the "Agreement"), is made and entered into
on this the t3t1 day of the month of Pp ✓1' L , 2014 by and between the CITY OF
ROUND ROCK, a Texas home -rule municipality, whose offices are located at 221 East Main
Street, Round Rock, Texas 78664-5299 (referred to herein as "City"), and FARRWEST
ENVIRONMENTAL SUPPLY, INC. a Texas Corporation whose offices are located at 108
Commercial Place, Suite 200, Schertz, TX 78154 (referred to herein as "Services Provider").
RECITALS:
WHEREAS, City desires to purchase gas detection equipment maintenance and training
services, and to purchase related goods and services, and City desires to procure same from
Services Provider; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the bid submitted by Services Provider; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City is obligated to buy specified services and Services Provider is obligated to sell
same. The Agreement includes the following: (a) City's Invitation for Bid designated
Solicitation Number 14-008 dated February 2014 ("IFB"); (b) Services Provider's Response to
IFB; (c) contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any
00279290/ss
CM -2014-370
inconsistencies or conflicts in the contract documents shall be resolved by giving preference in
the following order:
(1) This Agreement;
(2) Services Provider's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
Iandslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods and services mean the specified services, supplies, materials,
commodities, or equipment.
2.01 EFFECTIVE DATE, TERM, ALLOWABLE RENEWALS, PRICES FIRM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. The term of this Agreement shall be for thirty-six (36) months from the effective
date hereof. After that term, this Agreement may be renewed for two (2) successive twelve-
month periods, under the same terms and conditions, only upon the express written agreement of
both parties, and only provided that the Services Provider has performed each and every
contractual obligation specified in this Agreement.
C. Prices shall be firm for the duration of this Agreetnent and for any renewal
periods. No separate line item charges shall be permitted for invoicing purposes, including but
not limited to equipment rental, demurrage, costs associated with obtaining permits, or any other
extraneous charges.
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.
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3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Services Provider to supply the services as outlined in the IFB; and
Response to IFB submitted by Services Provider, all as specified in Exhibit "A." The intent of
these documents is to formulate an Agreement listing the responsibilities of both parties as
outlined in the IFB and as offered by Services Provider in its Response to the IFB.
The 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; AND SCOPE OF WORK
Items Awarded. All bid items in Exhibit "A" are awarded to Services Provider.
Scope of Work: For purposes of this Agreement, City has issued documents delineating the
required services (specifically IFB 14-008 dated February 2014). Services Provider has issued its
response agreeing to provide all such required services in all specified particulars. All such
referenced documents are included in Exhibit "A" attached hereto and made a part hereof for all
purposes. When taken together with the appended exhibits, this Agreement shall evidence the
entire understanding and agreement between the parties and shall supersede any prior proposals,
correspondence or discussions.
Services Provider shall satisfactorily provide all services described under the attached
exhibits within the contract term specified in Section 2.01. Services Provider's undertakings shall
be limited to performing services for City and/or advising City concerning those matters on
which Services Provider has been specifically engaged. Services Provider shall perform its
services in accordance with this Agreement, in accordance with the appended exhibits, in
accordance with due care, and in accordance with prevailing industry standards for comparable
services.
5.01 COSTS
Bid costs listed on page nine (9) of ten (10) of Exhibit "A," in the amount of six thousand
dollars and no/100 ($6,000.00) per year, shall be the basis of any charges collected by the
Services Provider.
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Services Provider;
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C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 INTERLOCAL COOPERATIVE CONTRACTING / PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful services
provider(s) and the City. Such agreement shall be conclusively inferred for the services
providers from lack of exception to this clause in the services provider's response. However, all
parties hereby expressly agree that the City is not an agent of, partner to, or representative of
those outside agencies or entities and that the City is not obligated or liable for any action or
debts that may arise out of such independently -negotiated "piggyback" procurements.
8.01 NON APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Services Provider a written notice of termination at the end of its then current fiscal year.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Services Provider will be made within thirty (30) days of the day on which City receives the
performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the
day on which the performance of services was complete, or within thirty (30) days of the day on
which City receives a correct invoice for the performance and/or deliverables or services,
whichever is later. Services Provider may charge interest on an overdue payment at the "rate in
effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance
with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not
apply to payments made by City in the event:
A. There is a bona fide dispute between City and Services Provider, a contractor,
subcontractor or supplier about the goods delivered or the service performed that
cause the payment to be late; or
4
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Services Provider and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the service
performed that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on the
purchase order or the Agreement or other such contractual agreement.
10.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability
to Services Provider if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider may be subject to penalties stated
in Title 8 of the Texas Penal Code.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
12.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the goods as specified, City reserves the right and
option to obtain the products from another supplier or suppliers.
13.01 INSURANCE
Services Provider shall tneet all insurance requirements as stated in the attached IFB,
including all attachments and exhibits thereto, and Services Provider's bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Angela Luna
Logistics
City of Round Rock
212 Commerce Cove
Round Rock, Texas 78664
5
512-218-3203
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 Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing the specified goods elsewhere, Services Provider agrees that it may be charged the
difference in cost, if any, and that it will not be considered in the re -advertisement of the service
and that it may not be considered in future bids for the same type of work unless the scope of
work is significantly changed.
Services Provider shall be declared in default of this Agreement if it does any of the
following:
A. Fails to make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Services
Provider.
B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten (10) days' written notice to Services Provider.
6
C. Services Provider has the right to terminate this Agreement only for cause, that
being in the event of a material and substantial breach by City, or by mutual agreement to
terminate evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Services Provider,
Services Provider shall discontinue all services in connection with the performance of this
Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such
orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice
of termination, Services Provider shall submit a statement showing in detail the goods and/or
services satisfactorily performed under this Agreement to the date of termination. City shall then
pay Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
18.01 INDEMNIFICATION
Services Provider shall defend (at the option of City), indemnify, and hold City, its
successors, assigns, officers, employees and elected officials harmless from and against all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, attomey's fees, and any
and all other costs or fees arising out of or incident to, concerning or resulting from the fault of
Services Provider, or Services Provider's agents, employees or subcontractors, in the
performance of Services Provider's obligations under this Agreement, no matter how, or to
whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or
Services Provider (including, but not limited to the right to seek contribution) against any third
party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Services Provider, its agents, employees and subcontractors shall use best efforts to
comply with all applicable federal and state laws, the Charter and Ordinances of the City of
Round Rock, as amended, and with all applicable rules and regulations promulgated by local,
state and national boards, bureaus and agencies.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
7
2L01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Services Provider:
FarrWest Environmental Supply, Inc.
Attn: Travis Brown
108 Commercial Place, Suite 200
Schertz, Texas 78154
Notice to City:
Steve Norwood, City Manager
221 East Main Street AND TO:
Round Rock, TX 78664
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing, duly authorized by action of the City Manager or City
Council.
8
24.01 DISPUTE RESOLUTION
City and Services Provider hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider shall be 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 Services
Provider's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
Force Majeure. Neither City nor Services Provider shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
9
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Rock, Texas
By:
Printed
Title:
Date Signed: 4- • (
Attest:
By: CIA/U J a &
Sara L. White, City Clerk
For City, Appr v r�'t'orm:
ll, • , City Attorney
GillarL-1•G Ltd.)
By:
1o
FarrWest Environmental Supply, Inc.
By:
Printed Name: -7-12,40s-
Title:
72 /ijs
Title: i, Ei p Arc. /r744JA-4-6-
Date Signed: 71V:2 a/4.
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City of f=ound E=;ock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATI N FOR BID (IFB)
GAS DETECTION EQUIPMENT MAINTENANCE
AND T \INIG SE}` VICES
E�.
SOLICITATION NUM E 14-008
Lr,
Felbrruanj 2014
Exhibit "A"
ri 1Z
Gas Detection Equipment Maintenance and Training Services
IFB Solicitation Number 14-008
Class / Item: 936/32
February 2014
CITY OF ROUND ROCK
INVITATION FOR BID
GAS DETECTION EQUIPMENT MAINTENANCE AND TRAINING SERVICES
PART I
GENERAL
1. PURPOSE: The City of Round Rock, herein after "City", seeks to enter into an agreement with a
qualified Individual, Firm or Corporation, (Respondent), to provide a maintenance agreement and
training services for the Fire Department's existing gas detection equipment.
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.ro and roc ktexas.gov/bids.
2.1. Any exception to or additional terms and conditions attached to the response will not be
considered unless respondent specifically references them on the front of the Solicilation
Document. Exception 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
as identified on the City's website at http://www.roundrocktexas.gov/bids.
4. ATTACHMENTS: Attachments A through B are herein made a part of this solicitation:
4.1, Attachment A: Bid Form
4.2. Attachment B: Reference Sheet
6. CLARIFICATION: For questions or clarifications of specifications, you may contact:
Deborah Knutson, CPPB
Purchasing Department
City of Round Rock
dknutson a(�,roundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specifications only.
No authority is intended or implied that specifications may be amended or alterations accepted prior
to solicitation opening without written approval of the City of Round Rock through the Purchasing
Department.
6. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all
responses, 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. All solicitations received may be evaluated based on the best value for the City. In
determining best value, the City may consider:
6.1. Purchase price;
6.2. Reputation of Respondent and of Respondent's goods and services;
6.3. Quality of the Respondent's goods and services;
6.4. The extent to which the goods and services meet the City's needs;
Page 2 of t 0
Exhibit "A"
Gas Detection Equipment Maintenance and Training Services
IFB Solicitation Number 14-008
Class / Item: 936/32
February 2014
6.6. Respondent's past performance with the City;
6.6. The total long-term cost to the City to acquire the Respondent's goods or services;
6.7. Any relevant criteria specifically listed in the solicitation.
7. AGREEMENT TERM: The terms of the awarded agreement shall Include but not be limited to the
following:
7.1. The term of the initial Agreement shall begin from date of award and shall remain in full force
and effective through February 28, 2017.
7.2. The initial term of the resulting agreement shall be three (3) 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.
7.3. 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.
7.4. 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.
7.6. If the agreement is terminated, for any reason, the respondent shall tum 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.
8. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single
award, split award, primary and secondary award, 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.ctov/olds.
9. PROMPT PAYMENT POLICY: Payments wilt 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 paynlents made
by the City in the event:
9.1. There is a bona tide 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
9.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
9.3. The is a bona fide dispute between the Vendor and a subcontractor or between a
subcontractor and its suppliers conceming supplies, material, or equipment delivered or the
services performed which caused the payment to be late; or
9.4. 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.
Page 3 of 10
Exhibit "A"
Gas Detection Equipment Maintenance and Training Services
IFB Solicitation Number 14-008
Class / Item: 936132
February 2014
10. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to
purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in
question. The City may affect such termination by giving Vendor a written notice of termination at
the end of its then current fiscal year.
11. 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 to comply with the following solicitation
timeline:
1.1. Solicitation released February 1, 2014
1.2. Deadline for questions February 11, 2014
1.3. City responses to all questions or addendums February 13, 2014
1.4. Responses for solicitation due at or before 3:00 PM February 18, 2014
All questions regarding the solicitation shall be submitted in writing at or before 5:00 PM on
the due date noted above. A copy of all the questions submitted and the City's response to the
questions shall be posted on the City's webpage in the form of an addendum at,
http://www.roundrocktexas.gov/blds. Questions shall be submitted to the City contact named
herein.
The City reserves the right to modify these dates. Notice of date change will be posted to the City's
website.
2. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.gov/bids for any updates pertaining to the solicitation described
herein. Va'rioifs updates may include addendums, cancellations, notitications, and any other
pertinent Information necessary for the submission of a correct and accurate response. Tho City
will not be held responsible for any further communication beyond updating the website.
3. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the date
noted above to the Purchasing Department. Mail or carry sealed responses to:
City of Round Rock
Purchasing Department
Attention: Deborati Knutson
Reference:1F1314-008
221 E. MainStreet
Round Rock, Texas 78664-5299
3.1. Responses received after this time and date shall not be considered.
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.
Page 4 of 10
Exhibit "A"
Gas Detection Equipment Maintenance and Training Services
IFB Solicitation Number 14-008
Class / Item: 936/32
February 2014
3.4. Late responses will not be accepted and 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. POST AWARD MEETING: The City and Respondent may have a post award meeting to discuss,
but not be limited to the following:
4.1. Provide City contact(s) information for implementation of agreement.
4.2. Identify specific milestones, goals and strategies to meet objectives.
PART III
SPECIFICATIONS
1. SCOPE OF WORK: The City of Round Rock is in need of a maintenance agreement for the Fire
Department's existing gas detection equipment. Included in this maintenance agreement shall be
inspection, cleaning, calibration, maintenance and repair services, repair parts and training.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The
Respondent shall:
2.1. Be located within the United States, in order to assure the City does not encounter shipping
delays, service delaysor other unforeseen problems that can occur with out -of -area or
foreign vendors;
2.2. Warrant and agree that all materials and parts supplied herein shall be manufactured and
produced in compliance with the laws, regulations, codes, terms, standards, and
requirements of Underwriters Laboratories Incorporated, all Federal, State, and local
authorities, and all other authorities having jurisdiction, and that performance of goods shall
be in accordance with the above laws, regulations, codes, terms, standards, and
requirements, and agrees upon request, to furnish the City a certificate of compliance upon
request;
2.3. Be responsible for acquiring and maintaining all necessary licenses, registrations,
certifications and permits required for operation of their business by local, state and federal
laws, rules, ordinances and regulations.
3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to
perform required services without prior written consent of the City.
4. SERVICE REQUIREMENTS: Respondent shall:
4.1. Be a certified Rae and Sensit repair center with staff certified in the maintenance, repair,
servicing and training of Rae and Senslt equipment;
4.1.1. Copies of the Respondent's certifications must be submitted with the response.
Should the Respondent no longer be qualified to repair and maintain the equipment,
Respondent must notify the City within twenty four (24) hours of change in certified
status.
4.2. Stock repair parts for equipment specified herein;
Page Sof10
Exhibit "A"
Gas Detection Equipment Maintenance and Training Services
IFB Solicitation Number 14-008
Class / Item: 936/32
February 2014
4.3. Provide rental units as loaner units", to ensure that the City has operational equipment at all
times, until which time as the City can procure replacement equipment for those units that fail
to calibrate and/or are irreparable between service intervals;
4.4. Provide twenty four (24) hour, seven (7) day per week technical support by telephone;
4.6. Respond by telephone to each request for service within thirty (30) minutes of notification
from the City and have qualified staff on-site within four (4) hours of notification for support.
5. EQUIPMENT: Equipment currently includes, but is not limited to:
5.1. Two (2) Multi -Rae Plus gas monitors with 02, LEL, CO, H2S and PID sensors with pump;
5.2. One (1) QRae Plus monitor with 02, LEL, CO and H2S with pump;
5.3. One (1) Mini Rae 2000 single gas PID with pump;
5.4. One (1) Toxi Rae H CL2 gas monitor;
5.6. One (1) Toxi Rae it NH3 gas monitor;
5.6. Two (2) Toxl Rae 11 HCN gas monitors;
5.7. Three (3) Sensit HXG 3 LEL monitors;
5.8. One (1) Ludlum Radiation detector with three (3) probes.
6. LOCATIONS: Monthly and annual testing shall be conducted at the City's Fire Station # 6 located
at 2919 Joe DiMaggio Boulevard, Round Rock, Texas 78665 and at Fire Station # 2 located at 200
West Bagdad Avenue, Round Rock, Texas 78664. The City's designated representative and point
of contact for the resulting agreement shall be:
Angelo Luna, Logistics Officer
Round Rock Fire Department
Phone #: 612-218-6625
7. MAINTENANCE, REPAIR AND REPORT REQUIREMENTS: Respondent shall maintain records
of all monthly and annual calibrations, maintenance and repair services performed over the duration
of the agreement. Respondent shall provide the City a copy of the calibration certificates and
maintenance records to include repairs on a monthly basis. Respondent shall perform:
7.1. Calibrations, inspections and cleanings on all equipment once a month;
7.2. Calibration gas on all equipment once a year;
7.3. Repairs on an as needed basis.
8. LABOR AND REPAIRS: In the event that repairs are required, Respondent shall provide a quote
which shall be approved by the City's designated representative, for the hourly labor rate and parts
to include the percent discount off list price as specified on Respondent's bid sheet submitted.
9. TRAINING: Respondent shall provide designated City Fire Department l-lazmet Staff, up to
eighteen (18) individuals in one sitting, with calibration and maintenance training for the equipment
listed herein. Respondent shall:
9.1. Provide training consisting of two (2) separate four (4) hour training classes per each year of
the agreement;
9.2. Respondent shall be responsible for all expenses associated with the training to include
travel and training materials;
9.3. Location and dates of training shall be determined by the City's designated representative at
the time of the post award meeting.
Page 6 of 10
Exhibit "A"
Gas Detection Equipment Maintenance and Training Services
IFB Solicitation Number 14-008
Class / Item: 936/32
February 2014
10. STAFFING QUALIFICATIONS: Successful Respondent shall:
10.1. Provide the City's Fire Department with a designated and identified point of contact upon
award of the contract, in order to ensure customer satisfaction and assist with any problems.
The Fire Department's designated representative shall be notified by the Respondent
immediately should the point of contact change;
10.2. Ensure that all Respondent's employees shall perform services In a timely, professional,
courteous and efficient manner. Respondent's employees shall be knowledgeable in the
product lines and be able to assist with all service requests;
10.3. Bear all responsibility for continuous staffing and employ all personnel for work in accordance
with the requirements set forth by the United States Department of Labor. The City reserves
the right to verify citizenship or right to work in the United States;
10.4. Have a trained work force adequate in numbers and experience to satisfactorily provide the
services specified herein.
10.5. Take all measures necessary to ensure that all their employees comply with all rules and
regulations of the City and all Federal, State and local rules, laws and regulations. The City
reserves the right to remove any employee from City property for violation of federal, state,
and local health, safety and environmental laws, ordinances, rules and regulations.
11. PRICING: Unit prices quoted shall remain firm for the term of the Contract and shall not Include
federal or state sales, excise, and use tax: The unit prices shall be the complete price and shall be
Inclusive of delivery, overhead costs, payroll costs, transportation charges and any other costs.
Separate delivery, fuel surcharges, or other costs, and fees will not be permitted.
PART W
RESPONSE REQUIREMENTS
The City of Round Rock makes no warranty that this checklist Is a full comprehensive listing of every
requirement specified in the solicitation. This list is only a tool to assist participating Respondents in
compiling their final responses. Respondents are encouraged to carefully read the entire solicitation.
Respondents shall submit one (1) evident signed "Original" and one (1) copy of the response
requirements including any required attachments. The samples and/or copies shall be provided at the
Respondent's expense, and shall become the property of the City.
For your bid to be responsive, all required Items Identified below shall be submitted with your
proposal.
1. Attachment A: Responses shall be submitted on itemized, signed Bid Form provided herein.
Failure to Itemize or sign solicitation may result in disqualification. Submission of responses on
forms other that the City's Solicitation Document may result in disqualification of the response.
1.1. In the event of errors in extension pricing, unit prices shall govern.
2. Attachment B: Provide the name, address, telephone number and E-MAIL of at least three (3)
Municipal, Government agencies or firms of comparable size that have utilized similar service
within the last two (2) years. City of Round Rock references are not applicable. References niay be
checked prior to award. Any negative responses received niay result In disqualification of
submittal.
3. Copy of Certifications for the maintenance, repair, servicing and training of Rae and Sensit
equipment.
Page 7 of 10
Exhibit "A"
Gas Detection Equipment Maintenance and Training Services
IFB Solicitation Number 14-008
Class / Item: 936/32
February 2014
The following items shall be made available upon request by the City prior to award and the
approval of any contract:
1. Proof of insurance for General Liability ($ 1,000,000), Worker's Compensation and standard
automobile liability coverage.
PART V
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 lie 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, 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.
Page 8of10
Exhibit "A"
Gas Detection Equipment Maintenance and Training Services
IFB Solicitation Number 14-008
Class / Item: 936/32
February 2014
ATTACHMENT A: BID FORM
PURCHASING DEPARTMENT
221 E. Main Street • Round Rock, Texas 78664-5299
SOLICITATION INFORMATION
Solicitation Number: 1114-008
RESPONDENT INFORMATION
Tax ID Number: 56-2475084
Solicitation Name: Gas Detection Equipment
Business Name: Farnvesl Environmental Supply, Inc.
Maintenance and
Address: 108 Commercial Place, Suite 200
Training Services
Address: Schertz, TX 78154
Opening Date: February 18, 2014
Contact: Travis Brown
Opening Time: On or Before 3:00 PM CST
Telephone: 210.566-1857
Opening Location: City of Round Rock
City Hall
E-mail: thrown@fanwestenv.com
221 E. Main Street
Round Rock, TX 78664
Website: www.farnvestenv.com
HOW D DYOU HEAR ABOUT
THISSOUCIrATION?
1 Newspaper J City's Website X E-mail Announcement ESBD Other
X Yes No Register at: roundrocktexas.gov/vendorcentral
1st TIME RESPONDING
TOTHE CITY?
X Yes No
ARE YOU REGISTERED
WITH VENDOR CENTRAL?
Item ft
Description
Unit Price
Unit of Measure
Extonded Prico
1
Monthly Cleaning, Inspection and Calibration of all
equipment: (See Part III, Sections 5, 6 and 7)
Monthly
$500.00
2
Annual Gas Calibration of all equipment: (See Part III,
Sections 5, 6 and 7)
•l
Annually
56,000.00
3
Hourly Labor Rate - for Repairs: (See Part III, Sections 6
and 8)
$45.00
Hourly
4
Percentage Discount off Parts: (if any — See Part III,
Sections 6 and 8)
15% off List
%
6
Training: two (2) -four (4) hour training classes per
year: (See Part III, Section 9)
E'
4 . r
Annually
Included w/ Calibration
ACKNOWLEDGEMENTS
By the signature hereon affixed, the Respondent hereby certifies that nei her the respondent nor the entity represented by the respondent, or
anyone acting for such entity has violated the antitrust laws of this State, codified In Section 15.01 et seq., Texas Business and Commerce
Code, or the Federal antitrust laws, nor communicated directly or indirect y, the response made to any competitor or any other person engaged
in such line of business. Further, by signing and submitting this response the Respondent acknowledges:
• That they have read and fully understand the solicitation and accept all terms and conditions sel forth herein.
• The respondent is not currently delinquent in the payment of any debt owed to the Cily.
Sealed response envelope shall be clearly narked with solicitation name, solicitation number and name of responding entity.
The agreement or purchase order resulting from This solicilalion may qualify for Inter -local or Cooperative Contracting (Piggybacking) per the
terms outlined In Pad I.1111 of Ihls solicitation. If applicable, do you agree to "piggyback" purchasing from other governmental agencies?
X Yes J] No Response shall Include otro (1,. igt : d original and Ono (1) copy of response.
Travis Brown 2/1712014
Printed Name uthorized Signature Date
Failure to sign response will disqualify response.
Page 9 of 10
Exhibit "A"
Gas Detection Equipment Maintenance and Training Services
IFB Solicitation Number 14-008
Class / Item: 936132
February 2014
ATTACHMENT B:
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: 14-008
RESPONDENT'S NAME: Travis Brown DATE: 2/17/2014
Provide the name, address, telephone number and a -mall of at least three (3) Municipal and/or
Government agencies or firms of comparable size 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.
1. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E -Mail Address
Present Address
City, State, Zip Code
Telephone Number
City of San Antonio Fire/Hazmat
Capt. Troy Teague
Captain/ Hazmat Lead
Troydee.league@sanantonio.gov
523 North Cherry Street
San Antonio, TX 78202
( tlutlllu
Bulb!! 210-464-8874
Fax Number: ( 1816118 ) Ilunun
Harris County Fire Marshal's Office- Hazmat Team
Lt. Ray Stearns
Lieutenant- Hazmat Lead
ray.sleams@fmo.hcix.net
2326 Atascocita Rd
Humble, TX 77396
( 61161111 ) 111111191 281-436-8150
Fax Number: ( IIINI11II ) 6111881
San Marcos Fire Department
Ken Bell
Fire Marshal
kbcll@sanmarcostx.gov
630 East Hopkins Street
San Marcos, TX 78666
( 1111111111 ) 1111111111 512-393-8470
Fax Number: ( 11661111 ) 66umt
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 10 of 10
Exhibit "A"
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September 19 A 20, 2012
(Certificate valid for 2 years, 9/2012 to 9/2014)